March 4, 2015 Zoning Board Meeting

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March 4, 2015 Zoning Board Meeting

Postby Mary Wright » Sun Jun 14, 2015 4:00 pm


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, March 4, 2015. Mr. Heney called the meeting to order at 7:01 PM in the Community Meeting Room.

PRESENT: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), Leonard Demers, Sean Holland, Michael Fitzpatrick (Alternate) and Maria Lajoie (Administrative Secretary)
ABSENT: John Bombara (Excused)

Mr. Heney stated that he was in receipt of a letter from the applicant withdrawing their request for a variance. The applicant is exempt from the zoning bylaws under the Dover Amendment. The applicant may file an application for a special permit. When that application for the special permit is filed, the abutters will be notified of the date and time of the hearing.
Atty. Michael Kennefick gave a brief summary of the Dover Amendment, which is Chapter 48, Section 3. It exempts certain uses of properties for certain uses, i.e. religious, agricultural or educational. A religious cemetery is covered under this statue. Adelle Reynolds, Building Commissioner, clarified that the variance was for the frontage. They have 200’ of frontage and the bylaws require 300’for a cemetery, however under the Dover Amendment, this no longer applies. She spoke with the applicant today who would like to contact the abutters and meet with them.
Ms. Holmes questioned how a cemetery’s primary use qualifies as religious. Atty. Kennefick referenced the case from 2010 of the Jewish American Association vs. Wayland. A discussion was held.
Atty. Kennefick then explained how the ZBA has the authority to have the applicant go through the special permit process. The ZBA can look to “Uses Permitted by Special Permit” for regulation guidance. A discussion was held.
Mr. Heney read the withdrawal letter. Ms. Holmes made a motion to accept the withdrawal of ZBA Case #2015-01, Islamic Society of Greater Worcester, 170 West Street. Mr. Demers seconded the motion. Vote: Unanimous.

7:23 PM ZBA CASE #2015-02, PUBLIC HEARING: ALFRED BENESCH & CO., 74 Main Street
Mr. Heney presented a letter from the applicant asking for a continuance to April 1, 2015 in order to complete a traffic study. Mr. Heney made a notation to the Planning Board to inform them that the case has been continued and asked them to hold off on making a decision.
Ms. Holmes made a motion to accept the request for a continuance for ZBA Case #2015-02, Alfred Benesch & Co., 74 Main Street to April 1, 2015 at 7:00 PM. Mr. Demers seconded the motion. Vote: Unanimous.

1. ZBA Annual Report: The deadline to go to print has passed. It was submitted as written.
2. MINUTES: December 3, 2014
Ms. Holmes made a motion to approve the December 3, 2014 Zoning Board of Appeals meeting minutes as amended. Mr. Demers seconded the motion. Vote: Unanimous.
3. Request for Project Review/Planning Board: New England Realty Ventures, 74 Main Street. See ZBA Case #2015-02 above. Ms. Reynolds stated that an abutter asked the ZBA to ask the Fire Chief and Police Chief for their input.
4. Request for Project Review/Planning Board: Preliminary Subdivision Plan entitled: “The Lane at Hunt’s Pond”, 229 Main Street. The applicant is planning for 23houses. Allen Riley is the owner of the property. It appears as though some of the lots could not meet the required setbacks. The ZBA was concerned about the additional traffic entering and exiting on Main Street. They suggested that the flow of traffic be studied to ensure public safety.

Ms. Holmes made a motion to adjourn the meeting at 7:47 PM. Mr. Demers seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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