2/9/2011 - Meeting Minutes

Moderator: Maria Lajoie

2/9/2011 - Meeting Minutes

Postby Maria Lajoie » Thu Mar 10, 2011 12:18 pm

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

The meeting was called to order at 7:15pm.

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) and Maria Lajoie (Administrative Secretary).

7:15 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. The Board received a Request for Extension/Continuance from Attorney Edwin Taipale on behalf of his clients dated 1/31/11. Taipale asks that the Hearing be continued to March 2, 2011 and the Decision Date was extended to March 9, 2011. A Motion was made by Holland to continue the Public Hearing on Wednesday, March 2, 2011 at 7:00pm, seconded by Nelson. Vote was unanimous.

7:20 PM ZBA CASE #2011-01
PUBLIC HEARING CONTINUED: 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. The Planning Board had no objection but feels that the raising of pigs is an agricultural use and does not feel that a Variance should be required but if the Variance is deemed necessary, it should be granted. Holmes asked Lightbown what his hardship is and Lightbown
said that if he has to tear down and/or move the building it would cost him approximately $7,000 to $10,000. Holmes said that when she went to the site she noticed there were two driveways and asked Lightbown if he ever got permits from the Highway Department and Lightbown said no because the driveways were always there to access the fields. Lightbown told the Board that the builder completed the building within two days and that he wasn’t there at the time and when he saw where the builder had placed it, it was already done. Holmes asked Lightbown why he didn’t have the builder move it when he saw that it was in the wrong place and Lightbown said he didn’t ask the builder to move it. After discussion, a Motion was made by Holmes to close the Public Hearing, seconded by Holland. Vote was unanimous. A Motion was made by Holland to grant the Variance for Okee Dokee Acres, as requested. Vote: In Favor-2 Against-1. Vote did not pass.

DISCUSSION
1. Signed Vouchers
2. Citizen Planner Training Collaborative (CPTC). This will be held on Saturday March 19, 2011 at Holy Cross College. The members will let Lajoie know if they want to attend.
3. “North Village”: Site Plans. The Town Engineer received the final plans this week from Heritage Design Group. The Board said that as long as Cundiff reviewed and approved them, then ZBA is satisfied.
4. 4/6/11 Agenda. Discuss Application Form examples from the Town of Sterling.

7:30 PM ZBA CASE #2011-02
PUBLIC HEARING CONTINUED: 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). Present were Martin Linder (owner) and Michael Weaver (Guerriere & Halnon). 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. The Planning Board had no objections to this request. The Board of Health approved the septic system in the front of the property. Heney asked if the 44-foot strip was a “right of way” or an “easement” and Weaver said it was a “right of way”. Holmes asked Linder if he had to go for another Site Plan Review and Linder said no and that the SPR approved by ZBA was valid. However, Linder said he would be going before the Planning Board for all the lots. Linder asked if there would be any “conditions” on the Special Permit that have not been discussed so they could address them now. The Board said the conditions are standard but will include “On Lot #5, there shall be a right to pass and repass on this 44-foot right of way”. Linder had no issue with this. After discussion, a Motion was made by Holmes to close the Public Hearing, seconded by Holland. Vote was unanimous. A Motion was then made by Holmes to grant a Special Permit to Francis Beaupre, Cliff Street, Parcels 3, 4, 6 & &, With conditions, seconded by Holland. Vote was unanimous.

7:45 PM ZBA CASE #2011-03
PUBLIC HEARING: John Bombara
288 Northwest Main Street
Request for Variance
Hearing this case will be Chairman Daniel Heney, Pamela Holmes (Vice Chairman) and Sean Holland (Member). Present was Applicant John Bombara and Pauline Gavlak, abutter. Bombara is requesting a Variance in a Rural Agricultural Zoned area pursuant to the Douglas Zoning Bylaws, Appendix B – Dimensional Regulations to vary the 25-foot required side yard setback to a 2-foot side yard setback for an 8-foot by 14-foot movable shed. The Planning Board had no objection. Bombara said that due to topographical issues, this is the only area on the property that he can put the shed, which is a flat area and the rest slopes down to the water. Bombara wants to store his lawn mower, gas tanks, etc in a shed and not in his garage or outside. Gavlak asked why he didn’t think to add the shed when he was building his house and Bombara said he didn’t think of it at that time. The Board will do a site walk and Bombara asked that they call first and also said that he was in no hurry and said they could continue the Hearing to April when the snow is gone. After discussion, a Motion was made by Holland to continue the Public Hearing on Wednesday, April 6, 2011 at 7:00pm, seconded by Holmes. Vote was unanimous.

MEETING MINUTES OF 1/5/11
After review, a Motion was made by Holmes to approve the Meeting Minutes of January 5, 2011, as presented, seconded by Holland. Vote was unanimous.

ADJOURNMENT
At 8:12pm, a Motion was made by Holmes to adjourn the meeting, seconded by Holland. Vote was unanimous.

Respectfully submitted,



Maria D. Lajoie
Administrative Secretary
Maria Lajoie
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