1/5/2011 - Meeting Minutes

Moderator: Maria Lajoie

1/5/2011 - Meeting Minutes

Postby Maria Lajoie » Mon Feb 28, 2011 11:13 am

Documents from this meeting may be found in the Community Meeting Room and Community Development Department.

The meeting was called to order at 7:03pm.

Hearing cases tonight are Chairman Daniel Heney, Pamela Holmes (Vice Chairman), Sean Holland (Member) and Michael Nelson (Alternate Member).

ATTENDANCE
Chairman Daniel Heney, Pamela Holmes (Vice Chairman), Sean Holland (Member), Michael Nelson (Alternate) Adelle Reynolds (Building Commissioner) and Maria Lajoie (Administrative Secretary).

7:03 PM ZBA CASE # 2010-14
PUBLIC HEARING CONTINUED: PETER R. & SUSAN M. BRADY
35 Wallis Street
Request for Appeal
Hearing this case will be Vice Chairman Pamela Holmes, Sean Holland and Michael Nelson. Chairman Daniel Heney recused himself. Present was the Applicant Peter Brady and his representative Attorney Edwin Taipale. The Board received a letter from Kopelman & Page dated 12/28/10 regarding the use of the Brady residence for private functions. Taipale was given a copy of this letter and he asked the Board for a recess to read this letter and the Board approved.
At 7:10pm the Board recessed this Hearing.

MEETING MINUTES OF 11/3/10
Holmes said that these minutes had been approved but asked that they be amended to state who was hearing cases that evening. A Motion was made by Holmes to amend the Meeting Minutes of November 3, 2010, as amended, seconded by Holland. Vote was unanimous.

MEETING MINUTES OF 12/8/10
After review, a Motion was made by Nelson to amend the Meeting Minutes of December 8, 2010, as amended, seconded by Heney. Vote was unanimous.

SIGNED VOUCHERS (2)

7:20 PM ZBA CASE # 2010-14
PUBLIC HEARING CONTINUED: PETER R. & SUSAN M. BRADY
35 Wallis Street
Request for Appeal
Brady and Taipale returned to the meeting and the Board resumed the Hearing. Heney recused himself and Holmes Chaired this Hearing. Taipale asked the Board for a continuance in order to respond to Kopelman & Paige’s comments in writing. Taipale also asked Reynolds for copies of all the material that she sent to Kopelman & Paige. A Motion was then made by Holland to continue the Public Hearing on Wednesday, February 2, 2011 at 7:00pm, seconded by Nelson. Vote was unanimous. Taipale granted and submitted an Extension Form.

FY12 BUDGET
The Board unanimously agreed to level fund their budget.

7:30 PM ZBA CASE #2010-10
PUBLIC HEARING CONTINUED: Funding Services Trust
Charles Street, Map 141, Parcel 29
Request for Variance
The Board received a letter from Attorney Henry Land dated 1/5/11 requesting to withdraw this Application on behalf of the Applicant. A Motion was made by Holmes to accept the request for withdrawal without prejudice, seconded by Nelson. Vote was unanimous.

At 7:32pm, the Board recessed for 15 minutes.

7:45 PM DISCUSSION
Will Taylor & Carla Williamson dba Body Utopia, 100 Linden Street.
Received a letter from Will Taylor & Carla Williamson dated 11/10/10 requesting that the Board rescind their vote to deny their Special Permit. The Applicants and several abutters were present. Heney said that he spoke to the members about rescinding the vote and the Board said that their vote would not change. Heney told the owners that they could withdraw their application and reapply in two (2) years. Taylor asked if this denial could go to the Superior Court and Heney said yes. Reynolds said that the Board could vote to rescind but the members will not change their minds and told Taylor that he could appeal the Board’s decision after the Decision is filed. Taylor asked if the Board would rescind their vote. Reynolds told Taylor that he could withdraw his application. Taylor asked the Board to rescind their vote and he withdrew his application. A Motion was made by Holland to rescind their vote for Body Utopia taken on 11/3/10 and allow Taylor and Williamson to withdraw their application, seconded by Holmes. Vote was unanimous. Taylor will forward a withdrawal letter to the Board.

8:00 PM ZBA CASE #2011-01
PUBLIC HEARING: Okee Dokee Acres Realty Trust
96 Vine Street
Request for Variance
Hearing this case will be Chairman Daniel Heney, Pamela Holmes (Vice Chairman) and Sean Holland (Member). Present was the Applicant Kevin Lightbown. He is requesting a Variance in a Rural Agricultural Zoned area (79 acres) pursuant to the Douglas Zoning Bylaws, Appendix B – Dimensional Regulations to vary the 50-foot required front yard setback to a 35-foot front yard setback for a 35-foot by 60-foot prosolar greenhouse type structure. This building had already been constructed without a building permit. Lightbown’s intentions are to raise and sell swine for food purposes only. Reynolds said that Lightbown was going to lease a building for research purposes and not agricultural use. Issues arose a few months ago with the Board of Health and the use. Lightbown is not exempt from the dimensional requirements. Reynolds said she spoke to the State Department of Agriculture regarding the use and they said livestock can be used for food purposes only. Holmes asked if the building was exempt and Reynolds said yes – except for the gas, plumbing & electrical which he has permits for. Lightbown said there is a stone wall structure in the front of the building and asked what the nature of the 50-foot setback was and Reynolds said that this is the norm for no particular reason and then discussed reasonable setbacks. After discussion, with Lightbown’s permission, the Board agreed to do a site walk. A Motion was made by Holmes to continue the Public Hearing on Wednesday, February 2, 2011 at 7:10pm, seconded by Holland. Vote was unanimous.

8:20 PM ZBA CASE #2011-02
PUBLIC HEARING: Francis Beaupre
Cliff Street, Assessors Map 106, Parcels 3, 4, 6 & 7
Request for Special Permit
Hearing this case will be Chairman Daniel Heney, Pamela Holmes (Vice Chairman) and Sean Holland (Member). Francis Beaupre (Applicant), Martin Linder (owner), Michael Weaver (Guerriere & Halnon) and Ronald Anger (Abutter) were present. Beaupre is requesting a Special Permit in an Industrial Zoned Area pursuant to the Douglas Zoning Bylaws, Appendix A - Schedule of Use Regulations, Number 17 – Recycling of Glass & Metal Materials. This 7,400 square foot Metal Recycling Facility for the main office will be located on four (4) lots (28 ½ acres) where metals will be stored, crushed and moved off-site. The rear of the building will be used to scale and store (clean) materials to be processed and the process area will have a concrete floor. Holmes asked about materials being contained and Beaupre said the clean contaminants will be contained in a trap area and there will be no chemicals or cleaning. Beaupre said that he is moving his business from Worcester and most of the materials will come from Massachusetts and some from Rhode Island. Nelson asked Beaupre if he only recycles cars and Beaupre said no he also recycles appliances and other metals. Nelson asked about the removal of oil and Weaver said that it is taken away by a licensed hauler. Weaver said that Beaupre will be purchasing the four acres from Linder. Reynolds asked the Board to add a condition that there be “a right to pass and repass on Parcel #5”, which is a 40-foot strip. Abutter Ron Anger said that he is in favor of this Facility. Heney said the Board wants to do a site walk and is also waiting for Planning Board’s comments. A Motion was made by Holmes to continue the Public Hearing on Wednesday, February 2, 2011 at 7:30pm, seconded by Holland. Vote was unanimous.

DISCUSSION
Forms. Holmes showed the Board members copies of forms from another town for their review. Lajoie was asked to e-mail them to the members for review and comment.

ADJOURNMENT
At 8:50pm, a Motion was made by Holmes to adjourn the meeting, seconded by Holland. Vote was unanimous.

Respectfully submitted,
Community Development Dept.



Maria D. Lajoie
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