November 8, 2017 ZBA meeting

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November 8, 2017 ZBA meeting

Postby Mary Wright » Tue Dec 19, 2017 7:26 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, NOVEMBER 8, 2017

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, November 8, 2017. Mr. Heney called the meeting to order at 7:07 PM in the Community Meeting Room.

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

7:07 PM PUBLIC HEARING: ZONING BOARD OF APPEALS, Amend the Regulations Governing Fees and Fee Schedules.
William Cundiff, Town Engineer stated that the changes involve language that clearly define that the ZBA can utilize MGL chapter 44, section 53e.5 – utilizing outside consultants and the manner in which they can be used. When a project comes before the ZBA, project review and inspection fees will not be assessed. Every application is currently charged $150, every certified abutter is $7, and a base fee of $200 is collected for advertising. If more than one hearing is advertised for one date, that charge would be less. Every project would be charged these administrative fees. These fees would be put into an account that the board could draw from for consultants or staff for project review, if needed. Mr. Cundiff feels that most projects will not need project review.
Ms. Holmes made a motion that the ZBA adopt the amendment of the regulations governing fees and fee schedules as presented and discussed. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.
Larry Lench, Building Inspector asked that the ZBA set a specific fine amount for a violation. The State’s limit is $300/violation. A discussion was held, including how often Mr. Lench is able to visit a site where a violation has been issued
Mr. Demers made a motion to authorize the Building Inspector to fine $300/day/event for violations of zoning bylaws. Ms. Holmes seconded the motion. Vote: All-Aye
Mr. Cundiff will add a non-criminal disposition section to the bylaw which will go over those values and amounts. He will have Town Counsel review it.
Mr. Bombara made a motion to continue the public hearing for Zoning Board of Appeals, Amend the Regulations Governing Fees and Fee Schedules to December 13, 2017 at 7:00 PM. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.

7:23 PM CASE #2017-07 PUBLIC HEARING CONTINUED: DONALD FARINEAU, 294 Northwest Main Street.
Mr. Heney stated that Town Counsel has confirmed that the applicant does not need a variance. Mr. Farineau plans to come to next month’s meeting. The ZBA decided to waive all the fees for the applicant’s reapplication.
Mr. Cundiff stated that the applicant should withdraw the current variance request and all fees can be waived upon reapplication. Eric Bazzett of Heritage Design Group joined the meeting on behalf of the applicant. He stated the applicant’s intent to withdraw, and he will send a withdrawal letter to the ZBA.
Mr. Fitzpatrick made a motion to accept the verbal withdrawal, to be followed up with a written withdrawal, for case #2017-07, Donald Farineau, 294 Northwest Main Street. Ms. Holmes seconded the motion. Vote: All-Aye.

7:32 PM CASE #2017-08 PUBLIC HEARING CONTINUED: ROBERT PARENT & CAROLE DOLAN, 12 Roslyn Road.
The applicant was not present. Ms. Lajoie stated that the applicant is aware of the hearing.
Ms. Holmes made a motion to continue the public hearing for case #2017-08, Robert Parent and Carole Dolan, 12 Roslyn Road to December 13, 2017 at 7:30 PM. Mr. Bombara seconded the motion. Vote: All-Aye.
A violation on the property occurred after the last hearing. Mr. Lench has spoken to Mr. Parent.
Patty Dix of 28 Roslyn Road stated that she travels by this property every day. On Saturday, there was a reinforced round box, like a meter, and a square box underneath, like an electrical panel. Trees have been removed and a lot of filling has been done. The trailer was placed on the farther side of the property, and it is sinking into the ground and it has washed out under the wheels.
Mr. Lench was asked to check the conditions at the property. Mr. Lench has the authority to issue a fine.

7:46 PM CASE #2017-09 PUBLIC HEARING CONTINUED: RICHARD E. KLOTZ, 185 Yew Street.
Mr. Heney received correspondence from Town Counsel stating that the grandfathering expired in 2009. A variance would be required to make a buildable lot. That paperwork has been filed. Voting on the case are Mr. Heney, Ms. Holmes, Mr. Fitzpatrick, Mr. Bombara and Mr. Tusino. A discussion was held.
Mr. Klotz was present at the meeting.
Mr. Bombara made a motion to close the public hearing for case #2017-09, Richard E. Klotz, 185 Yew Street. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.
Mr. Bombara made a motion to approve the variance for case #2017-09, Richard E. Klotz, 185 Yew Street. Mr. Fitzpatrick seconded the motion. Vote: Aye-4, No-1.

DISCUSSION:
1. MINUTES: October 11, 2017.
Mr. Bombara made a motion to approve the October 11, 2017 minutes of the ZBA meeting as amended. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.

7:56 PM ADJOURNMENT:
Mr. Fitzpatrick made a motion to adjourn the ZBA meeting at 7:56 PM. Mr. Demers seconded the motion. Vote: All-Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 491
Joined: Thu Jan 12, 2012 8:56 pm

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