December 7, 2016 ZBA meeting

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December 7, 2016 ZBA meeting

Postby Mary Wright » Tue Mar 14, 2017 9:41 am

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, DECEMBER 7, 2016

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, December 7, 2016. Mr. Heney called the meeting to order at 7:01 PM in the Community Meeting Room.

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

7:01 PM ZBA CASE #2016-13: PUBLIC HEARING: GUARANTEED BUILDERS (GBI)/LOUIS TUSINO, 128 Shore Road.
Mr. Tusino recused himself. Mr. Heney opened the public hearing. Hearing and voting on the case will be Mr. Fitzpatrick, Mr. Demers, Ms. Holmes, Mr. Holland and Mr. Heney. Atty. Gerald Shugrue joined the meeting on behalf of the applicant. Mr. Shugrue stated that the position of GBI is that the building permit should not have been allowed. There is a lot with frontage on Shore Road that it is not entitled to. The lot was part of a subdivision which was never modified to remove the lot. Mr. Shugrue suggested that this is a back woods attempt to come onto Shore Road in a lot that does not have frontage on Shore Road.
Mr. Shugrue stated that the owners of the lot in question have asked to erect a shed and install a driveway, and you cannot have a shed on a lot that is not part of a home. The lot in question is supposed to enter and exit through the subdivision on the other side. He is asking the ZBA to revoke that permit.
Larry Lench, Building Inspector joined the meeting and stated that he issued the permit for the shed and driveway because it was a legal lot. The deed that was supplied had frontage on Shore Road. He interprets the zoning bylaws as such that you can have an accessory structure on a lot depending on its use. The primary use of the lot in question is currently a wood lot, and the shed can be used for that purpose.
Atty. Michael Kennefick joined the meeting on behalf of the Town. Mr. Kennefick stated that the bylaw does not prohibit a shed that is residential in nature and it would not be grounds for denial of a building permit. The ZBA reviewed the plans that were approved by the Planning Board.
Mr. Heney does not see any grounds to revoke the permit because it was approved based on a plan approved by the Planning Board nine months ago, and the shed meets all setback requirements. The Highway Superintendent issued a driveway permit.
Mr. Kennefick feels it is the applicant’s stand that the road itself does not provide legal frontage to render this a buildable lot. Mr. Kennefick feels that MGL 41 section 81L controls.
Atty. Shayne Picard joined the meeting on behalf of Mr. and Mrs. Miller, the owners of the lot in question. He described the process by which the planning Board agreed that the lot had adequate frontage on Shore Road. He stated that, according to the bylaws, as long as there is a principal use of the land, there can be an accessory structure for that use, and the only time an approved site plan is required is during site plan review. In order to appeal an ANR plan, you must go with certiorari action, which has a period of 60 days, which has expired (MGL 249 section 4). A discussion was held.
Ms. Holmes made a motion to close the public hearing, ZBA Case #2016-13, Guaranteed Builders (GBI), Louis Tusino, 128 Shore Road. Mr. Demers seconded the motion. Vote: All-Aye.
Ms. Holmes made a motion to open a decision meeting for ZBA Case #2016-13, Guaranteed Builders (GBI), Louis Tusino, 128 Shore Road. Mr. Demers seconded the motion. Vote: All-Aye.
Ms. Holmes made a motion that the Zoning Board of Appeals uphold the decision made by the Building Commissioner to issue a Building Permit to the Millers. Mr. Holland seconded the motion. Vote: Aye-4, No-1.

7:53 PM EXECUTIVE SESSION: LITIGATION.
Mr. Holland made a motion at 7:53 PM to go into executive session for the purpose of discussing litigation. When the Executive Session is concluded, the open session will resume to discuss the other matters on the agenda. Ms. Holmes seconded the motion. Roll Call Vote: Daniel Heney – Aye, Pamela Holmes – Aye, Leonard Demers - Aye, Sean Holland - Aye, Michael Fitzpatrick – Aye, Louis Tusino – Aye.

DISCUSSION:
1. 2017 Meeting Schedule. Ms. Holmes made a motion to approve the hearing dates on the 2017 ZBA meeting schedule and change the July 5, 2017 meeting date to July 12, 2017, subject to room availability. Mr. Holland seconded the motion. Vote: All-Aye.
2. Vote: Approval of Bills. Mr. Heney stated that the Town would like the ZBA to appoint one or two members to approve vouchers for payment between meetings, if needed. Mr. Holland made a motion to designate Dan Heney and Pam Holmes to review and pay bills or payment vouchers inbetween regularly scheduled ZBA meetings, with a report provided at the next meeting. Mr. Demers seconded the motion. Vote: All-Aye.
3. Request for Project Review: Main Street Auto & Towing, 120 Gilboa Street. Mr. Fitzpatrick asked why this is going before the Planning Board and not the ZBA. Ms. Lajoie stated that the Planning Board only has jurisdiction over the outside parking but will ask the Building Commissioner about going before ZBA.
The ZBA feels this is not an allowed use and the applicant needs to come before the ZBA to apply for a special permit.
4. Request for Project Review: Douglas Library Parking Lot, 290 Main Street. The library is looking to add 14 parking spaces in the back of the building. The ZBA was concerned about the narrow 13’ feet wide entrance/exit not being adequate for two-way traffic. They are also concerned about the lack of lighting.
5. Vouchers.
6. MINUTES: October 5, 2016.
Mr. Holland made a motion to approve the October 5, 2016 Zoning Board of Appeals meeting minutes as amended. Mr. Demers seconded the motion. Vote: All-Aye.

OTHER BUSINESS:
Mr. Heney was asked by the Town Engineer to review the ZBA’s fee structure. A public hearing could be held to discuss any fee changes. Ms. Lajoie stated that some forms need to be updated. Ms. Lajoie will email the documents to the ZBA. A discussion will be held at the next meeting.

9:02 PM ADJOURNMENT:
Mr. Holland made a motion to adjourn the meeting at 9:02 PM. Mr. Demers seconded the motion. Vote: All-Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 454
Joined: Thu Jan 12, 2012 8:56 pm

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