June 7, 2017 ZBA Meeting

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June 7, 2017 ZBA Meeting

Postby Mary Wright » Fri Aug 18, 2017 8:58 am

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, JUNE 7, 2017

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, June 7, 2017. Mr. Heney called the meeting to order at 7:03 PM in the Community Meeting Room.

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

7:07 PM ZBA CASE #2017-01: PUBLIC HEARING CONTINUED: JOHN PETRAGLIA, 74 Wallis Street.
Mr. Heney recused himself and Ms. Holmes took over as Chairman. Town Counsel was present in the audience. He has reviewed the information relating to the case, and it is his opinion that a hardship does not exist for granting of a variance.
John Petraglia, 73 Wallis Street agrees with Town Counsel that when he purchased the property in 2007 the Planning Board plan had expired. Nothing has changed with the land, other than the ownership. All the requirements for a variance were met at the time the variance was granted. He stated that he had no reason to believe that the ZBA would feel differently about this plan.
After input from the ZBA, Mr. Petraglia stated that he would submit, in writing, a withdrawal without prejudice.
Mr. Holland made a motion to allow the applicant to withdraw without prejudice, ZBA Case #2017-01 John Petraglia, 74 Wallis Street. Mr. Demers seconded the motion. Vote: All-Aye.
Mr. Heney rejoined the meeting and took over as Chairman.

7:25 PM ZBA CASE #2015-02: PUBLIC HEARING CONTINUED: ALFRED BENESCH & CO., 74 Main Street.
Atty. Mark T. Lee joined the meeting on behalf of the property owner, New England Realty Ventures. Voting on the case will be Mr. Fitzpatrick, Mr. Demers, Ms. Holmes, Mr. Holland and Mr. Heney.
Mr. Holland made a motion to close the public hearing, ZBA Case #2015-02 Alfred Benesch & Co., 74 Main Street. Ms. Holmes seconded the motion. Vote: All-Aye.
Mr. Holland was unsure as to what criteria to apply to this case. Mr. Demers agreed and felt that the bylaws may need to be amended for the future. He felt that perhaps the Planning Board should be the authority to grant special permits for drive-through windows. A discussion was held, including input from Town Counsel. Town Counsel felt that the ZBA only has authority for traffic on site, while Planning Board has authority for traffic off site. He felts that the bylaws should be amended so that both are reviewed by one board.
Atty. Lee stated that the applicant is willing to take the ZBA’s concerns to the Planning Board.
Mr. Demers made a motion to approve the special permit for a drive-through window, ZBA Case #2015-02 Alfred Benesch & Co., 74 Main Street. It is the ZBA’s hope that the Planning Board will address traffic safety concerns, such as right turn only as well as potentially removing a telephone pole and installing a set of lights. Our concerns are about traffic flow, safety, entrances, exits, fire station, transfer station, Saturday morning traffic, summertime traffic, so we would recommend use of peer review for engineering, traffic flow and overall safety. Mr. Fitzpatrick seconded the motion. Vote: Aye-3, No-1, Mr. Holland abstained.
Mr. Heney asked that a letter be drafted to the Planning Board to recommend that drive-through window applications be included in site plan review.

DISCUSSION:
1. Request for a 3-Month Extension: Nevin Wenger, Maple Street, (Lee Jundanian-Case #2015-09). Part of the land was in an RA zone and part was in an industrial zone. A 6-month extension was previously granted. Mr. Heney read a letter in the packet notifying the applicant of the 6-month extension and the regulations regarding extensions. A discussion was held.
It was the consensus of the ZBA to take no action on the request, and the applicant should be asked to come to the next meeting. Mr. Heney asked that the applicant be sent a copy of the regulations pertaining to his request.
2. ZBA Fees. Mr. Heney asked Ms. Lajoie for a copy of the list of other towns’ fees for the next meeting.
3. Request for Project Review: Gilboa Properties/Medicinal Alternatives, 120 Gilboa Street. Mr. Fitzpatrick asked to know what type of odor filtration will be used. Mr. Bombara had no objection. The ZBA would like olfactory issues addressed.
4. MINUTES: December 7, 2016 Executive Session, February 1, 2017 Executive Session, March 1, April 5, and May 3, 2017.
Ms. Holmes made a motion to approve the December 7, 2016 minutes of the ZBA Executive Session meeting as presented, retaining all in their entirety. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.
Ms. Holmes made a motion to approve the February 1, 2017 minutes of the ZBA Executive Session meeting as presented, retaining all in their entirety. Mr. Demers seconded the motion. Vote: All-Aye.
Mr. Demers made a motion to approve the March 1, 2017 minutes of the ZBA meeting as presented. Mr. Holland seconded the motion. Vote: All-Aye.
Mr. Bombara made a motion to approve the April 5, 2017 minutes of the ZBA meeting as presented. Mr. Holland seconded the motion. Vote: All-Aye.
Mr. Bombara made a motion to approve the May 3, 2017 minutes of the ZBA meeting as presented. Mr. Holland seconded the motion. Vote: All-Aye.

OTHER BUSINESS:
As of July, the ZBA will start meeting on the second Wednesday of the month. Mr. Bombara made a motion to approve the revised ZBA meeting dates, effective July 1, 2017, as presented. Ms. Holmes seconded the motion. Vote: All-Aye.
Reorganization: Mr. Bombara made a motion to retain Mr. Heney as Chairman of the ZBA and Ms. Holmes as Vice Chairperson of the ZBA. Mr. Demers seconded the motion. Vote: All-Aye.

8:37 PM ADJOURNMENT:
Ms. Holmes made a motion to adjourn the ZBA meeting at 8:37 PM. Mr. Demers seconded the motion. Vote: All-Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 481
Joined: Thu Jan 12, 2012 8:56 pm

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