August 9, 2017 ZBA Meeting

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August 9, 2017 ZBA Meeting

Postby Mary Wright » Tue Oct 31, 2017 6:48 pm


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, August 9, 2017. Mr. Heney called the meeting to order at 7:05 PM in the Community Meeting Room.

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

7:05 PM ZBA CASE #2017-04: PUBLIC HEARING: HENRY LaBONNE, JR., 56 Martin Road.
Mr. Heney opened the public hearing. Mike Yerka of Civil Site Engineering joined the meeting. The applicant is asking to attach a 28’ x 80’ garage to his building. He is asking for a variance from the front and side setbacks. Putting the garage forward 10’ would negatively affect the aesthetics.
Mr. Demers asked if a 70’ long garage could fit. Mr. Yerka stated that the garage would need to be no longer than 68’ to fit the setbacks. Mr. Bombara suggested the members of the Board visit the site. Mr. LaBonne suggested making a jog in the back of the building in order to avoid a variance of the rear setback. A discussion was held.
Ms. Holmes made a motion to continue the public hearing for Henry LaBonne, Jr, 56 Martin Road (#2017-04) to September 13, 2017 at 7:00 PM. Mr. Bombara seconded the motion. Vote: All-Aye.

1. Request for a 3-Month Extension: Nevin Wenger, Maple Street, (Lee Jundanian-Case #2015-09. Mr. Wenger joined the meeting (he did not identify himself). Mr. Heney explained that there is no provision in the law that allows the ZBA to provide Mr. Wenger with an extension beyond six months. Mr. Heney feels Mr. Wenger’s only option is to reapply.
2. Request for a 6-Month Extension: Philip & Donna Michaelson, 212 West Street (#2016-10). Mr. Heney recused himself. Ms. Holmes took over as Chair. Mr. Michaelson joined the meeting (he did not identify himself). Ms. Holmes read the request.
Mr. Bombara made a motion to grant a 6-month extension for Philip and Donna Michaelson, 212 West Street (#2016-10). Mr. Demers seconded the motion. Vote: Unanimous.
Mr. Heney rejoined the meeting and took over as Chair.
3. NorthBrown, LLC: Sale of Units. Atty. Ed. Taipale joined the meeting. He gave a history of the project, which is a 40b project. The have contracted with SEB, which runs lotteries for affordable housing. He submitted a letter from SEB that outlines issues in terms of the marketing plan. Under Condition #, Douglas’ local preference categories are not allowed under the Dept. of Housing and Community Development (DHCD) guidelines. Preferences can include current residents, municipal employees, employees of local businesses, and families with children attending the local schools. Atty. Taipale feels that the applicant pool will be very small, and therefore anyone applying for a unit will be able to purchase one. If the Town would like to keep a local preference, they would need to supply justification to DHCD. Mr. Cundiff, has not yet seen this document. The Board would like feedback from Town Counsel. A discussion was held.
Mr. Fitzpatrick asked if the Building Commissioner will have any issues going forward that would prevent him from issuing Occupancy Permits. Unit #6 is closing within several days. Larry Lench, Building Commissioner explained that he has authority for the building and Mr. Cundiff has authority for the project. Mr. Fitzpatrick asked to have an update from Mr. Cundiff at the next meeting.
4. Request for Return of Funds: American Pro Wind, Webster Street. Mr. Heney read the request. The project never moved forward. A discussion was held.
Mr. Demers made a motion to return the all funds in the account for American Pro Wind, Webster Street. Ms. Holmes seconded the motion. Vote: Unanimous.
5. ZBA Fees. Mr. Heney stated that the last time the fees were adjusted was in 2008. The schedule in front of the ZBA that was done in 2008 does not reflect the current fees. Mr. Heney asked Ms. Lajoie to update the fee schedule. The ZBA did not make any changes to the current fees.
It was recommended that the ZBA remove the Site Plan Review item. Ms. Holmes asked to know what other towns charge for fees. Ms. Lajoie will gather that information for the next meeting.
6. MINUTES: June 7, 2017.
Mr. Holland made a motion to approve the June 7, 2017 minutes of the ZBA meeting as amended. Mr. Bombara seconded the motion. Vote: All-Aye.

Regarding requests to be on the ZBA agenda for discussion items, it was decided that there be a deadline of seven business days prior to a meeting, unless it is an emergency.
Ms. Holmes made a motion that the ZBA require documentation and notice for any discussion items for a meeting agenda be submitted seven days prior to a ZBA meeting. Mr. Demers seconded the motion. Vote: Unanimous.

Mr. Bombara made a motion to adjourn the ZBA meeting at 8:31 PM. Mr. Demers seconded the motion. Vote: All-Aye.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 513
Joined: Thu Jan 12, 2012 8:56 pm

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