August 8, 2018 ZBA meeting

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August 8, 2018 ZBA meeting

Postby Mary Wright » Sat Nov 17, 2018 5:53 pm


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, August 8, 2018. Mr. Heney called the meeting to order at 7:03 PM in the Community Meeting Room.

PRESENT: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), John Bombara, Michael Fitzpatrick, Jennifer Holland (Alternate), Sean Holland, Louis Tusino (Alternate)
NON-VOTING: Maria Lajoie (Administrative Secretary), Larry Lench (Building Inspector)

Mr. Heney welcomed Ms. Holland to the ZBA.

Mr. Bombara made a motion to nominate Dan Heney as Chairman and Pamela Holmes as Vice Chairman of the ZBA. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.

Mr. Tusino recused himself. Atty. Gerald Sughrue joined the meeting. He stated that the applicant is seeking a variance for a property on Shore Road. The difference in this application is that they are seeking dimensional side setback and frontage variances. Their position is that in 34 cases, the ZBA has allowed variances where lots do not meet zoning requirements. The applicant owns Shore Road, which is well over 2 acres and there is over 200’ of frontage on the road. Atty. Sughrue feels that Reed vs. Godfrey allows ownership on the road to be used as frontage.
Mr. Fitzpatrick asked for clarification regarding whether or not the ZBA can make a decision on something that has been decided by the courts. Atty. Sughrue stated that the appeal on the structure is ongoing. Town Counsel was not present. A discussion was held.
Mr. Bombara made a motion to continue the public hearing for case #2018-09, Louis Tusino, 103 Shore Road to September 12, 2018 at 7:15 PM. Mr. Fitzpatrick seconded the motion. Vote: Aye-6.

Mr. Tusino recused himself. Atty. Henry Lane joined the meeting. The Parkers are asking to withdraw without prejudice.
Ms. Holmes made a motion to accept the withdrawal without prejudice for case #2018-06, Andrew and Ruth Parker, 42 Shore Road. Mr. Bombara seconded the motion. Vote: Aye-6.
Mr. Tusino joined the meeting.

Mr. and Mrs. Trychon joined the meeting and presented a certified plot plan. They previously were proposing to build on the east side of the house. There is 23’ from the existing house to the property line, which leaves only 17.5’. There is 51’ on the other side of the house, therefore they will build the addition on the west side of the house and no variance will be needed.
The Trychons would like a variance for the farmers porch. Their 37’ of frontage is on a private way. The application does not mention a farmers porch. What was advertised was “3’ from the property line”. The ZBA was in agreement that a new application is needed.
The Trychons withdrew their application.
Ms. Holmes made a motion to accept the withdrawal without prejudice of the application for a variance for David and Barbara Trychon (#2018-11), 122 Franklin Street. Mr. Bombara seconded the motion. Vote: Aye-7.

7:58 PM CASE #2018-12 PUBLIC HEARING: ROBERT & DIANE MILLER, 115 Shore Road.
Mr. Tusino recused himself. Mr. Heney opened the public hearing. Mr. Miller joined the meeting. He is looking to build a one-story home in Douglas with two wings toward the lake in order to obscure the view to the neighbors’ back property and deflect sound and noise towards the lake. There are 15’ offsets on both sides. The existing septic is designed for four bedrooms.
Mr. Heney stated that the ZBA requires a complete set of engineered plans. Mr. Fitzpatrick feels that elevation pitches with a floor plan would be adequate.
Mr. Miller’s engineer joined the meeting.
Jean Lawrence of 119 Shore Road asked for an explanation of the setbacks. Mr. Holland showed the information to Ms. Lawrence.
Ms. Holmes made a motion to continue the public hearing for Robert and Diane Miller (#2018-12), 115 Shore Road to September 12, 2018 at 7:30 PM. Mr. Fitzpatrick seconded the motion. Vote: Aye-6.
Mr. Tusino rejoined the meeting.

8:19 PM CASE #2018-13 PUBLIC HEARING: DAN DUDLEY, 108 Wallis Street.
Mr. Heney opened the public hearing. Atty. Henry Lane joined the meeting and asked for a continuance. Atty. Lane asked that the applicant or himself be notified if anyone wishes to visit the site.
Pat and Diane Pollard of 6 Shady Lane asked to present a copy of a survey they had done after they purchased their property. The survey shows encroachments from Mr. Dudley’s property. Mr. Pollard did not wish to share this information with Atty. Lane or Mr. Dudley. Atty. Lane stated that if documents are to be shown tonight, then they become public record and he needs to receive a copy. Mr. Pollard did not present the survey.
Mr. Lench stated that there are no building permits on file for the buildings in question. He has been on Mr. Pollard’s property and has seen the stakes placed by Andrews Survey and Engineering. One shed and one garage intersect Mr. Pollard’s property. The other garage has not been permitted. Atty. Lane stated that Assessor’s records show one of the garages in existence in the 1980’s.
The ZBA asked to see a certified plot plan.
Ms. Holmes suggested that the application indicate an option to allow board members to visit the property “in order to adjudicate your request”. The ZBA was in agreement.
Mr. Holland made a motion to continue the public hearing for Dan Dudley (#2018-13), 108 Wallis Street to September 12, 2018 at 7:45 PM. Ms. Holmes seconded the motion. Vote: Aye-7.

1. North Village. Town Engineer William Cundiff joined the meeting. Mr. Heney stated that he, Town Administrator Matt Wojcik, Mr. Cundiff, and Town Counsel Jay Talerman met and felt it was best if the developer met monthly with the ZBA. Mr. Cundiff stated that the project is off track with some conditions in the decision, and until the project is on track, it would be best to meet monthly.
The fire suppression issue within the site is being worked on. The developer, Water/Sewer Dept. and the Fire Chief are working with an engineer to design an underground cistern. Tim Barlow of NorthBrown, LLC joined the meeting.
Mr. Cundiff noticed that the existing building footprint in the field is different than what was permitted and approved. The drawings approved under the ZBA comprehensive permit are different than the drawings that are with the building permit. The existing two-bay garage and farmers porch are not on either set of drawings. Mr. Cundiff suggested having an outside inspector (paid for under the 53(g) account) come in to be sure that what is being constructed is what was submitted and permitted.
Mr. Barlow stated that the plans submitted to the Building Department are exactly what is being built. He stated that there is a difference in the discrepancy between the building set submitted to the Town for approval and what was submitted to the ZBA ten years ago. The aesthetic changes made are allowed under 40B, one of which was the two-car garage, to meet the current demands of the market. The side separation at the ZBA hearings during permitting, was kept at 31’. Mr. Heney stated that Town Counsel stated in an email that there is no provision in the approval to vary from the approved set of drawings. Mr. Barlow stated that 40B allows changes for the market. Mr. Heney asked Mr. Barlow to provide documentation supporting his statements. A discussion was held.
Mr. Barlow will check to see if the number of affordable units transferred is being conveyed to Mr. Cundiff.
The ZBA and Mr. Barlow were in agreement to meet monthly.
Mr. Barlow presented plans for the design of the water tank for fire suppression. The tank will be 10’ x 52’, will be buried 12’ in the ground with 2’ of cover and will hold 30,000 gallons of water. This tank would be owned and maintained by the homeowners association. 400 gal/min are currently available at the hydrant.
Mr. Barlow stated that when an outside building inspector is brought on site, they are usually given a reduced building permit fee Mr. Cundiff stated that he will need to solicit prices from outside vendors.
Mr. Heney asked for North Village to be first on each forthcoming agenda for the foreseeable future.
2. New England Realty: 74 Main Street (Planning Board Applications). Mr. Bombara spoke to the Chair of the Planning Board. The ZBA has not changed its position on its concerns: right turn only to enter, right turn only to exit onto Rte. 16, provisions for tractor trailer parking and relocation of telephone pole currently on Riedell Road. Consideration should be taken into account for solar glare.
Regarding 202-206 Maple Street, proposed residential compound, Mr. Holland will reach out to the applicants before the next meeting.
Regarding the application for the gravel pit operation, Estate of Harry Bedoian by Pyne Sand and Gravel, Mr. Fitzpatrick will review the application for discussion at the next ZBA meeting.
3. MINUTES: June 13 & July 11, 2018
Ms. Holmes made a motion to approve the June 13, 2018 ZBA meeting minutes as presented. Mr. Bombara seconded the motion. Vote: Aye-7.
Approval of the July 11, 2018 ZBA meeting minutes was deferred to the next meeting.

Mr. Bombara made a motion to adjourn the ZBA meeting at 9:02 PM. Mr. Fitzpatrick seconded the motion. Vote: Aye-7.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 525
Joined: Thu Jan 12, 2012 8:56 pm

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