6/12/2019 ZBA Meeting

Moderator: Maria Lajoie

6/12/2019 ZBA Meeting

Postby Maria Lajoie » Mon Jun 10, 2019 11:37 am

ZONING BOARD OF APPEALS MEETING
WEDNESDAY, JUNE 12, 2019
7:00 PM
(Community Meeting Room)
A G E N D A

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

7:15 PM PUBLIC HEARING: PELU, Inc.
520 Northwest Main Street
Date of Application: 5/22/2019
Decision Date for Appeal/Variance: 100 Days of Application (8/30/19)

DISCUSSION
1. Minutes: 5/8

Upcoming Meetings: 7/10, 8/14

Open session for topics not reasonably anticipated 48 hours in advance of meeting.
Maria Lajoie
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Re: 6/12/2019 ZBA Meeting

Postby Mary Wright » Thu Jul 18, 2019 7:44 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, JUNE 12, 2019

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, June 12, 2019. Ms. Holmes called the meeting to order at 7:00 PM in the Community Meeting Room.

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

7:00 PM DISCUSSION: NORTHBROWN, LLC: NORTH VILLAGE UPDATE.
Atty. Ed Taipale joined the meeting. He stated that the piping for the cistern has been installed and they are waiting to paint it. The paving for the cistern’s apron was done.
He provided an updated sales and construction schedule. He stated that he was surprised to receive a letter from Mr. Cundiff on the 29th stating that occupancy permits would not be issued for the final three units until certain work is performed, including the construction of the sidewalk. The applicant was under the assumption that sidewalk construction would happen after construction of that side of phase 1 was completed.
Mr. Cundiff explained that there have been ongoing conversations about the sidewalk. Technically, the sidewalk needs to be finished before occupancy permits can be issued. He has worked with the applicant and, to date, twenty-two occupancy permits have been allowed without sidewalks being constructed. The number of inhabitants of the development has reached a level where not having sidewalks is a safety issue. Also, some landscaping has not been completed. Mr. Cundiff clarified that this project does not have surety.
Mr. Cundiff feels that some of this consternation could be avoided if some detailed Gantt charts were submitted in a critical path format, or if requests for building permits and occupancy permits could be intermixed with the construction schedule. He presented an example.
Regarding pedestrian safety, Atty. Taipale stated that a construction access has been construction around phase 1. Atty. Taipale is willing to work out a procedure to help the permitting process run more smoothly.
Ms. Holmes read an email from Mr. Cundiff from November, 2018 where Atty. Taipale said that Mr. Cundiff said sidewalks could be constructed at the end of phase 1. Mr. Cundiff stated that there are three units remaining in phase 1: they are near the end. Tim Barlow of NorthBrown, LLC joined the meeting and stated that Gantt charts referred to in the email are sent to Mr. Cundiff monthly. He feels that Mr. Cundiff had fair notice regarding the sidewalks. Mr. Barlow asked for the inspection requirements in writing. Atty. Taipale is asking that the ZBA allow the issuance of an occupancy permit for unit 60.
Town Counsel Atty. Winner joined the meeting and stated that there is nothing before the Board for it to act upon. A discussion was held.
It was determined that Mr. Barlow, Atty. Taipale, Mr. Cundiff, Mr. Kaferlein and others would meet to clarify a procedure.

7:23 PM PUBLIC HEARING: PELU, INC., 520 Northwest Main Street.
Ms. Holmes opened the public hearing. Voting on the case will be Mr. Holland, Ms. Holmes, Mr. Tusino and Mr. Fitzpatrick. Lauren and Keith Forget joined the meeting. Atty. Winner described the ZBA’s options, and it was discussed that the application presented is for a variance, but what the applicant needs is a special permit to extend or modify a non-conforming use. Mr. Forget explained that he is appealing the Building Inspector’s decision to not issue a special permit. If the appeal is unsuccessful, he is asking for a variance.
Mr. Forget stated that he made the concession stand smaller. Mr. Kaferlein stated that the footprint of the building increased from 22’ to 30’. Ms. Holmes stated that if the applicants wish to have relief from the size of the building, they should withdraw the application for a variance and file an application for a special permit. Mr. Forget stated that there is currently no occupancy on the building and the location is opening full time for the season this Saturday.
Ron Forget of 38 Northwest Main Street stated that before anything was done to the building, they asked the administrator about the procedure. Mr. Fitzpatrick stated that the current Building Inspector gave Mr. Keith Forget the correct information – a special permit is needed. Mr. Keith Forget stated that in October, 2018, he presented his plans to the prior Building Inspector, who had no problems with the plans. He did not apply for a permit at that time because he didn’t have a contractor. He never applied for a building permit. A discussion was held.
Mr. Fitzpatrick made a motion to accept the withdrawal, without prejudice, for PELU, Inc., 520 Northwest Main Street. Mr. Holland seconded the motion. Vote: Aye-4.

DISCUSSION:
1. MINUTES: May 8, 2019
Approval of the May 8, 2019 ZBA meeting minutes was deferred to the next meeting.

8:03 PM ADJOURNMENT:
Mr. Holland made a motion to adjourn the ZBA meeting at 8:03 PM. Mr. Tusino seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
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