June 13, 2018 ZBA meeting

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June 13, 2018 ZBA meeting

Postby Mary Wright » Mon Aug 13, 2018 5:56 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, JUNE 13, 2018

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, June 13, 2018. Mr. Heney called the meeting to order at 7:05 PM in the Community Meeting Room.

ATTENDANCE:
PRESENT: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), John Bombara, Michael Fitzpatrick, Sean Holland, Louis Tusino (Alternate-joined the meeting at 7:23 PM)
ABSENT:
NON-VOTING: Maria Lajoie (Administrative Secretary), Larry Lench (Building Inspector)

Mr. Heney announced that Mr. Fitzpatrick has been appointed by the Board of Selectmen as a full member of the ZBA.

7:06 PM CASE #2018-06: PUBLIC HEARING CONTINUED: ANDREW & RUTH PARKER, 42 Shore Road.
Atty. Henry Lane joined the meeting. He stated that this case has an unusual circumstance. The Parkers’ property is lots 49 and 50. Atty. Lane’s research shows that lot 49 was a grandfathered lot and was not held in common ownership from 1956-1993. The Parkers bought it in 1993. Atty. Lane feels lot 49 qualifies as a grandfathered lot with 50’ of frontage and 5,000 sq. ft. of area and is buildable.
The Parkers’ other lot has 32’ feet of frontage and 37,000 sq. ft. of area. The combined lot also does not meet zoning requirements. Atty. Lane asked that the ZBA recognize that lot 49 is grandfathered, additional land was added to the grandfathered lot and grant a variance to allow the applicants to build a house on the combined lots, with the understanding that the combined lots can never be separated out.
The opinion of Town Counsel Atty. Jay Talerman is that adding vacant lot to a nonconforming lot to enhance it does not void the grandfathering. Atty. Talerman suggested discovering if lot 50 was held in common ownership with lots 51, 81, 82,108 or 109 when zoning made lot 50 nonconforming. If it was, it may have already lost its rights, by law. If it did not, then he feels a building permit could be issued.
Mr. Fitzpatrick made a motion to continue the public hearing for case #2018-06, Andrew and Ruth Parker, 42 Shore Road to July 11, 2018 at 7:00 PM. Mr. Holland seconded the motion. Vote: Aye-5.

7:20 PM CASE #2018-09 PUBLIC HEARING: LOUIS TUSINO, 103 Shore Road.
Mr. Heney opened the public hearing. Voting on the case will be Mr. Bombara, Mr. Holland, Mr. Fitzpatrick, Mr. Heney and Ms. Holmes. The Planning Board had no objection to the request. Atty. Gerald Shugrue joined the meeting and asked for a continuance.
Mr. Holland made a motion to continue the public hearing for case #2018-09, Louis Tusino, 103 Shore Road to July 11, 2018 at 7:15 PM. Ms. Holmes seconded the motion. Vote: Aye-5.
At this point, Mr. Tusino joined the meeting.

7:31 PM CASE #2018-10 PUBLIC HEARING: ROBERT PARENT & CAROLE DOLAN, 12 Roslyn Road.
Mr. Heney opened the public hearing. Mr. Tusino recused himself. The Planning Board had no objection to the special permit. Richard Gosselin joined the meeting. He is a surveyor. Two 50’x 100’ lots have been combined into one 100’ x 100’ lot. The position of the proposed dwelling on the lot will not change the neighborhood. Mr. Gosselin submitted a list of abutters that approve of the position of the proposed dwelling.
The location of the pre-existing 700 sq. ft. structure is not shown on the plan because it was already removed when Mr. Gosselin surveyed the property. The proposed dwelling is 2300 sq. ft. plus an 800 sq. ft. garage. There would be a 10’ side yard setback on each side.
Mr. Bombara said that the proposed plan makes the lot less nonconforming than if there were two separate lots, and the proposed setbacks are similar as to what is currently in the neighborhood.
Mr. Gosselin explained how the house, well and septic would be built without trespassing on abutters’ properties.
Mr. Lench stated that many towns have percentage lot coverage, Douglas does not.
Mr. Vaillancourt of 16 Roslyn Road said that the surveyor “took 10 feet” of his frontage.
Bob Parent stated that many of the houses in the area are similar in size to the proposed dwelling and are much closer to boundary lines than they are proposing. Mr. Fitzpatrick is concerned that none of the setbacks meet zoning requirements. The ZBA suggested a revised dwelling that allows more than 10’ on each side.
Mr. Bombara made a motion to continue the public hearing for Robert Parent and Carole Dolan (2018-10), 12 Roslyn Road to July 11, 2018 at 7:30 PM. Mr. Holland seconded the motion. Vote: Aye-5.
Mr. Tusino rejoined the meeting.

7:53 PM CASE #2018-11 PUBLIC HEARING: DAVID & BARBARA TRYCHON, 122 Franklin Street.
Mr. Heney opened the public hearing. The Planning Board objected to the application because it was not complete. Mr. Trychon and Les Stevens joined the meeting. Regarding the 27’ side yard setback, Mr. Trychon stated that on the tape survey, it says 33 ±. There is a 6’ wide mudroom on the side of the house that was added with the second floor. Mr. Stevens stated that adding the second floor to the current existing structure was phase 1. Mr. Trychon is now proposing the build-out as phase 2. The 43’ side setback is still met. The well and septic areas will be maintained on the side. The septic system is directly behind the house. Mr. Trychon’s property abuts Martin Road Park, and he is therefore unable to purchase additional land to increase the side yard setback.
Mr. Lench stated that this property is unique. It has a hardship as Mr. Trychon is not able to purchase abutting land. There is a need to provide an area for an in-law to live.
The ZBA asked for a plan that shows the existing dwelling, proposed dwelling and setbacks.
Mr. Fitzpatrick made a motion to continue the public hearing for David and Barbara Trychon (2018-11), 122 Franklin Street to July 11, 2018 at 7:45 PM. Ms. Holmes seconded the motion. Vote: Aye-7.

DISCUSSION:
1. MINUTES: March 14, & April 11, 2018
Ms. Holmes made a motion to approve the March 14, 2018 minutes of the ZBA meeting as amended. Mr. Holland seconded the motion. Vote: Aye-6.
Ms. Holmes made a motion to withdraw the approval of the March 14, 2018 minutes of the ZBA meeting. Mr. Holland seconded the motion. Vote: Aye-6.
Ms. Holmes made a motion to approve the April 11, 2018 minutes of the ZBA meeting as presented. Mr. Fitzpatrick seconded the motion. Vote: Aye-6.

OTHER BUSINESS:
The ZBA asked Ms. Lajoie to email copies of the minutes to them prior to the meetings for review.
Mr. Lench suggested the ZBA condition stormwater management for properties that are asking for setback variances.

8:29 PM ADJOURNMENT:
Mr. Fitzpatrick made a motion to adjourn the ZBA meeting at 8:29 PM. Mr. Bombara seconded the motion. Vote: Aye-6.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 556
Joined: Thu Jan 12, 2012 8:56 pm

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