03/13/2019 - ZBA Meeting

Moderator: Maria Lajoie

03/13/2019 - ZBA Meeting

Postby Maria Lajoie » Thu Mar 07, 2019 3:20 pm

7:00 PM
(Community Meeting Room)

7:00 PM DISCUSSION North Brown, LLC: North Village Update /
North Village Amended MOU

7:15 PM CASE #2019-01
160 Wallis Street
Date of Application: 12/06/2018
Decision Date for Variance: 100 Days of Application (05/16/19)

1. Sign: Decision Case #2019-02, 59 Southwest Main Street
2. Minutes: 2/13/19

Upcoming Meetings: 4/10, 5/8, 6/12

Open session for topics not reasonably anticipated 48 hours in advance of meeting.
Maria Lajoie
Maria Lajoie
Posts: 1392
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Re: 03/13/2019 - ZBA Meeting

Postby Mary Wright » Sun May 12, 2019 10:27 am


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, March 13, 2019. Mr. Heney called the meeting to order at 7:05 PM in the Community Meeting Room.

PRESENT: Daniel Heney (Chairman), John Bombara, Pamela Holmes (Vice Chairman), Michael Fitzpatrick, Jennifer Holland (Alternate), Louis Tusino (Alternate)
ABSENT: Sean Holland
NON-VOTING: William Cundiff (Town Engineer), Maria Lajoie (Administrative Assistant), Mark Kaferlein (Interim Building Inspector)

Tim Barlow of NorthBrown, LLC joined the meeting and stated that the fire cistern has been installed, backfilled, inspected by Stantec and JTC and filled with water. The exterior piping, painting and access drive will be done when the weather is appropriate.
Since the last meeting, they have closed on another affordable, hence three affordables are now conveyed. Two more have gone to P&S, for a total of five affordable sales. Two more affordables are at SEB and almost ready to go to the Dept. of Housing and Community Development. They have four other prospects filling out applications.
Mr. Barlow stated that he would like 2-3 more occupancies on the market rate units. Everything in phase 1, excluding the model, are under agreement with closing dates. Mr. Fitzpatrick stated that the agreement states that occupancies can be released based on units sold, not on units under agreement. Mr. Barlow stated that Atty. Ed Taipale suggested changing the agreement to say 6 out of 24 so that phase 1 can be closed out.
Mr. Cundiff stated that it has been months since the amendment to the amended MOU has been drafted, and the intent of that amendment was to solidify things that deviated from the original comprehensive permit. He encouraged the Board to finalize the amendment to the amended MOU. Mr. Barlow stated that the agreement is not yet complete as both Atty. Taipale and Town Counsel Jay Talerman want to be sure to capture all the changes. A discussion was held. No decision was made.

7:26 PM CASE #2019-01 PUBLIC HEARING CONTINUED: DAN DUDLEY, 160 Wallis Street.
Atty. Shayne Picard joined the meeting. Dan Dudley and abutter Patrick Pollard were also in attendance. The situation involves Mr. Dudley’s outbuildings, constructed many years ago, that are encroaching on Mr. Pollard’s property or are in the setback area. An application for the variance was filed because Mr. Dudley’s lot is long and shallow with a 50’ front setback and a 25’ rear setback, which makes it difficult to locate a shed without being in the setback areas. Both parties are in agreement that Mr. Pollard will convey a small portion (6’x 22’) of his parcel to Mr. Dudley to ensure that the shed to the northeast will be entirely on Mr. Dudley’s property. This does not resolve the issue with the setbacks. By creating this offset for the shed, now there is a rear and side setback issue.
The original application did not include the shed to the southwest, which is entirely on Mr. Pollard’s property. Mr. Dudley would like to move that shed onto his property, but due to the nature of his lot, it is difficult to place without being in violation of a setback.
Atty. Picard distributed an amended application. It was the consensus of the Board that the applicant needs to refile and re-advertise. As long as the letter mentions “structures”, then only one application would be needed. Mr. Heney stated that a lot of information is missing from the plan, such as the sizes of the sheds, distances, zoning setback lines and the distance from Wallis Road to the proposed new location of the shed.
Mr. Kaferlein stated that there needs to be a permit for the largest shed, which is over 200 sq. ft. and was erected approximately 6.5 years ago. Mr. Dudley asked why he needs to pull a permit if he is asking for a variance.
Mr. Heney stated that the ZBA received a letter stating that they were not allowed to trespass on Mr. Dudley’s property. Mr. Dudley stated that what he said was that no one was allowed on his property without an appointment.
Atty. Picard stated that the applicant would like to withdraw the application.
Ms. Holmes made a motion to accept the withdrawal of the application for case #2019-01 Dan Dudley, 160 Wallis Street. Mr. Bombara seconded the motion. Vote: Aye-6.

1. Sign: Decision Case #2019-02, 59 Southwest Main Street.
2. MINUTES: February 13, 2019
Ms. Holmes made a motion to approve the February 13, 2019 ZBA meeting minutes as presented. Mr. Bombara seconded the motion. Vote: Aye-6.

Ms. Holmes made a motion to adjourn the ZBA meeting at 7:53 PM. Mr. Fitzpatrick seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 546
Joined: Thu Jan 12, 2012 8:56 pm

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