October 7, 2015 ZBA Meeting

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October 7, 2015 ZBA Meeting

Postby Mary Wright » Mon Nov 09, 2015 3:37 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, OCTOBER 7, 2015

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, October 7, 2015. Mr. Heney called the meeting to order at 7:05 PM in the Community Meeting Room.

ATTENDANCE:
PRESENT: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), John Bombara, Leonard Demers, Michael Fitzpatrick (Alternate), Louis Tusino (Alternate-arrived 7:10 PM) and Maria Lajoie (Administrative Secretary)
ABSENT: Sean Holland (Excused?)

7:05 PM ZBA CASE #2015-09 PUBLIC HEARING: LEE JUNDANIAN, Maple Street, Assessors Map 194, Parcel 13.
Mr. Heney stated that the applicant requested a continuance. The applicant is also extending the time for a decision to January 16, 2016.
Ms. Holmes made a motion to continue the public hearing, ZBA Case #2015-09, Lee Jundanian, Maple Street, Assessors Map 194, Parcel 13 to November 4, 2015 at 7:00 PM. Mr. Demers seconded the motion. Vote: Unanimous.

OPEN SESSION:
Mr. Heney stated that he received a notice from William Cundiff, Town Engineer regarding complaints about noise and dust from the development on North Street. Mr. Cundiff is addressing those complaints. However, a neighbor said someone was working at the site repairing a piece of equipment on Sunday. The approved work hours are 7:00 AM - 6:00 PM, Monday through Saturday. Mr. Cundiff would like to know if the ZBA would consider this to be a violation. The developer has said that repairing equipment is not the same as working on the project. A discussion was held.
Ms. Holmes made a motion that the ZBA inform the Town Engineer that any work being performed at the North Street development is considered work on the project and is not allowed outside the approved hours of 7:00 AM - 6:00 PM, Monday through Saturday. Mr. Bombara seconded the motion. Vote: Unanimous.
Mr. Heney stated that he received correspondence from Town Counsel stating that New England Ventures, 74 Main Street, filed their appeal past the deadline, however the judge decided to grant them leniency and allowed their appeal. Town Counsel will review to perhaps appeal that decision.

DISCUSSION:
1. MINUTES: September 2, 2015
Mr. Bombara made a motion to approve the September 2, 2015 Zoning Board of Appeals meeting minutes as presented. Mr. Demers seconded the motion. Vote: Unanimous.

7:15 PM ZBA CASE #2015-10 PUBLIC HEARING: LOUIS TUSINO, 16 Cottage Colony. Assessors Map 159, Parcel 25.
Mr. Tusino recused himself. Mr. Heney opened the public hearing. Hearing the case was Mr. Heney, Ms. Holmes, Mr. Bombara, Mr. Demers and Mr. Fitzpatrick. The existing dwelling was advertised as a single-family, however it is a two-family. Karen Keegan of Guaranteed Builders (GBI) joined the meeting. The applicant is proposing to demolish a one-story, multi-family, seasonal building and replace it with a two-story, single-family, year-round dwelling. The footprint of the new 24’ x 36’ building, including the deck area, will be within the footprint of the building that will be demolished. The setbacks are nonconforming. The applicant is requesting a Special Permit with 10.1’ off the left side and 15.9’ off the right side. Parking and the tight tank will be on the right side of the building. The plan has not yet been approved by the Conservation Commission or Board of Health (BOH). Mr. Heney read a correspondence from the Planning Board stating that they had no objection to the request for the Special Permit. A discussion was held.
Mr. Bombara stated that citizens have brought to his attention that Mr. Tusino is currently in violation with the ZBA and they do not feel the ZBA should allow him something else in the Town while he has an outstanding violation. Mr. Heney spoke with Town Counsel, who has said that these are two separate cases.
Ms. Keegan agreed that having the slab slanted towards the overhead doors is an oversight. The application does not refer to the square footage. The ZBA would like to know if two floors (1700 sq. ft.) or three floors (2592 sq. ft.) are going to be finished. The basement is a walk-out basement.
Ms. Holmes would like to know the Conservation Commission’s decision. Ms. Holmes feels the use is completely different than currently exists and she does not agree with this type of land use. Ms. Keegan stated that the Conservation Commission had no problem with the house and is waiting for the ZBA’s decision. Ms. Keegan will appear before them next Monday. Ms. Keegan is waiting for the BOH’s approval on the tight tank.
Mr. Bombara made a motion to close the public hearing, ZBA Case #2015-10, Louis Tusino, 16 Cottage Colony. Mr. Demers seconded the motion. Vote: Unanimous.
Mr. Bombara made a motion to open a decision meeting for ZBA Case #2015-10, Louis Tusino, 16 Cottage Colony. Mr. Demers seconded the motion. Vote: Unanimous.
Mr. Bombara made a motion to approve the Special Permit for Louis Tusino and accept the plan entitled “GBI Job #49-2014” and survey plan by Hawk Consulting, dated September 4, 2015, Job #14-075 entitled “Special Permit Showing Proposed 24’ x 36’ Residence” as designed showing a 24’ x 36’ two-story home with the potential to finish the basement, with a total square footage not to exceed 2592 sq. ft. subject to approval by the Conservation Commission and Board of Health and approved septic and well locations. Mr. Demers seconded the motion. Vote: Aye-4, Ms. Holmes abstained.
Mr. Tusino rejoined the meeting.

DISCUSSION (Cont.):
The ZBA reviewed the CPTC class schedule, and Mr. Heney told the members that if anyone was interested in any of the classes to contact Ms. Lajoie.

7:52 PM ADJOURNMENT:
Mr. Demers made a motion to adjourn the meeting at 7:52 PM. Mr. Bombara seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 530
Joined: Thu Jan 12, 2012 8:56 pm

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