10/2/2013 - Meeting Minutes

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10/2/2013 - Meeting Minutes

Postby Maria Lajoie » Wed May 07, 2014 1:38 pm

ZONING BOARD OF APPEALS
MEETING MINUTES
WEDNESDAY, OCTOBER 2, 2013

The meeting was called to order at 7:00pm.

ATTENDANCE
Present: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), Sean Holland, Leonard Demers, John Bombara and Maria Lajoie (Administrative Secretary).

7:05 PM ZBA CASE #2013-04
PUBLIC HEARING CONTINUED: Gerald & Melissa Setzer
102 Southeast Main Street
Request for Variance
Member Sean Holland recused himself. Hearing this case is Daniel Heney, Pamela Holmes, Leonard Demers and John Bombara. Present was Owner Gerald Setzer. Mr. Setzer said that the Police said the left side of his property is a blind driveway and is a safety issue. Ms. Holmes said that although safety is a concern, it is not the jurisdiction of the Board to make a determination based on this. Mr. Heney said that the proposed garage/addition is too close to the right side lot line and suggested moving it further back. Mr. Setzer said that he would lose access to the house. Mr. Bombara suggested he swap some land with his neighbor. Ms. Holmes said that at the meeting of August 7, 2013, other alternatives were discussed and Mr. Setzer and his contractor were going to bring in a new plan and stated again that the assessment by the Police and Highway has no bearing on the request for a Variance and also said safety is not a legal reason to grant a Variance. Mr. Setzer said he thought that the letter from the Police would be enough to receive a Variance and said he would press this issue in court. Mr. Heney said that it is his option to do so but it is one chance in a million that the Board’s decision would be reversed in court. Mr. Heney said he drove by Mr. Setzer’s house this past week and saw a boat on the left side of his property in the back that wasn’t there before and Mr. Setzer said that his son had to hold traffic for him in order for him to back the boat in. Mr. Setzer also said that his neighbor’s property is 9-feet off the line and Mr. Heney said again that the Board thought that a new plan would be submitted. Mr. Setzer said if the garage/addition was moved he would need 12-16 feet and Mr. Bombara suggested again swapping some land with his neighbor. Mr. Heney asked Mr. Setzer if he had any other information and Mr. Setzer said no. A Motion was made by Ms. Holmes to close the Public Hearing, seconded by Mr. Demers. Vote: Unanimous.
A Motion was made by Ms. Holmes to grant a Variance to Gerald & Melissa Setzer, 102 Southeast Main Street, seconded by Mr. Bombara. Vote: Yes-0, No-4. The Variance was denied.

Mr. Holland returned to the meeting.

DISCUSSION
1. ZBA Alternate Member Position. Michael Fitzpatrick of 55 Southwest Main Street present. He filled out an application given to him by the Selectmen’s Office showing interest in this position. He said that he has lived in town for 12 years and has been a builder for 23 years and would recuse himself if an application was a conflict. The Board members explained the process of meetings and his role as a member. After discussion, Ms. Lajoie was asked to send the Selectmen a memo stating that the Zoning Board request that Mr. Fitzpatrick be appointed as an Alternate Member.
2. CPTC Fall Workshop. Board members were given a copy of the workshops. If anyone is interested in attending let Ms. Lajoie know.
3. Meeting Minutes of 8/7/13. After review, a Motion was made by Ms. Holmes to approve the Meeting Minutes of August 7, 2013, as presented, seconded by Mr. Demers. Vote: Unanimous.
4. Planning Board Application. Application for an Accessory Apartment: Timothy & Diane Robar, 91 Chestnut Street. The Board had a comment asking if a door is required between the apartment and the main house. Ms. Lajoie will pass this on to the Planning Board.
5. ZBA Application Fees. Mr. Bombara suggested a flat fee of $150 for applications and the Applicant pay for the legal notice and abutter notification fees. Mr. Holland said he looked online at some of the towns down the Cape but Ms. Holmes said that those fees tend to be higher because they are on Cape Cod. The Board also discussed 53G Accounts and having the Applicant pay more for larger projects that would take more of the Board’s time. Mr. Demers asked if the Board has had any large applications and Ms. Holmes said yes American Pro Wind and North Village. Mr. Heney said he would contact Town Counsel to discuss 53G Accounts, tier fees for homeowners and business and/ or based on prolonged meetings. After discussion, a Motion was made by Mr. Bombara to charge a flat fee of $150 (Special Permits & Variances) and the Applicant is to pay for the legal notice and certified abutters’ fees, pending additional information from Town Counsel, seconded by Ms. Holmes. Vote: Unanimous.

ADJOURNMENT
At 8:07pm, a Motion was made by Ms. Holmes to adjourn the meeting, seconded by Mr. Bombara. Vote: Unanimous.

Respectfully submitted,


Maria D. Lajoie
Administrative Secretary
Maria Lajoie
Maria Lajoie
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