8/14/2019 - ZBA Meeting

Moderator: Maria Lajoie

8/14/2019 - ZBA Meeting

Postby Maria Lajoie » Thu Aug 08, 2019 8:53 am

ZONING BOARD OF APPEALS MEETING
WEDNESDAY, AUGUST 14, 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: Dan Dudley (2019-08)
160 Wallis Street
Date of Application: 7/23/2019
Decision Date for Variance: 100 Days of Application (10/31/19)

7:30 PM PUBLIC HEARING: Douglas Ward (2019-09)
179 Wallis Street
Date of Application: 7/23/2019
Decision Date for Special Permit: 90 days after close of Public Hearing

DISCUSSION
1. Minutes: 7/3, 7/10

Upcoming Meetings: 9/11, 10/9


Open session for topics not reasonably anticipated 48 hours in advance of meeting.
Maria Lajoie
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Re: 8/14/2019 - ZBA Meeting

Postby Mary Wright » Thu Sep 12, 2019 5:27 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, AUGUST 14, 2019

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, August 14, 2019. Mr. Heney called the meeting to order at 7:06 PM in the Community Meeting Room.

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

7:06 PM DISCUSSION: NORTHBROWN, LLC: NORTH VILLAGE UPDATE.
Atty. Ed Taipale joined the meeting and stated that he submitted the deeds for all the sold units and provided an updated sales and construction schedule. The cistern is done. They hope to convey the last affordable unit in phase 1 next week. In phase 2, they have a couple affordables sold and 3-4 regular units sold. Five buildings are in various stages of construction. Most of the rain gardens are working well.
Mr. Cundiff stated that the Fire Chief is looking for approximately $600 for the final testing for the cistern. Atty. Taipale stated that they received the request just yesterday. He stated that there may be extra monies in the Stantec account. Mr. Cundiff will check.

7:17 PM PUBLIC HEARING: DAN DUDLEY (2019-08), 160 Wallis Street.
Mr. Heney opened the public hearing. Mr. Heney stated that the Planning Board had no objection to the request. Voting on the case will be Mr. Heney, Ms. Holmes, Mr. Bombara, Mr. Tusino and Mr. Fitzpatrick. Atty. Henry Lane joined the meeting and stated that Mr. Pollard has agreed to convey a strip of land to Mr. Dudley, which will place shed #1 back on Mr. Dudley’s property. Mr. Dudley has agreed to remove shed #2 from Mr. Pollard’s property and place it on his own property. However, the lot is very shallow, and there is not enough space to comply with setbacks.
Mr. Bombara asked if Mr. Dudley obtained Building Permits for the sheds. Atty. Lane stated that Mr. Dudley cannot get a Building Permit for shed #1 without a variance.
Mr. Fitzpatrick suggested that Mr. Dudley could meet three setbacks by using the other 50% of his property. Mr. Heney agreed. Atty. Lane stated that placing the shed on the northerly side of the property would make the shed too far away to conveniently make use of the generator that is stored in it.
A discussion was held regarding the location of the septic. Atty. Lane stated that ground penetrating radar has located the system. Ms. Holmes asked why shed #1 is being moved within 2’ of the property line. Mr. Dudley replied that otherwise, it would be in the middle of boulders.
Atty. Lane asked to continue the public hearing so the applicant can look at other options.
Mr. Fitzpatrick made a motion to continue the public hearing for Dan Dudley (2019-08), 160 Wallis Street to September 11, 2019 at 7:15 PM. Ms. Holmes seconded the motion. Vote: Aye-4, No-1.

7:42 PM PUBLIC HEARING: DOUGLAS WARD (2019-09), 179 Wallis Street.
Mr. Heney opened the public hearing. Mr. Heney stated that the Planning Board had no objection to the request. Voting on the case will be Mr. Heney, Ms. Holmes, Mr. Bombara, Mr. Tusino and Mr. Fitzpatrick. Robert Murphy of Robert Murphy Environmental Consultants and Doug and Linda Ward joined the meeting. They feel that the proposed renovations to their cottage will be beneficial to Douglas and better for the health and safety of the area due to replacing their cesspool with a tight tank. Mr. Heney clarified that the one-bedroom structure is being replaced, not renovated.
The applicants are proposing a two story, two bedroom dwelling on a pre-existing, non-conforming lot. The footprint is almost the same as the prior dwelling. There will be a porch on 6 6’-deep sonotubes on the side of the water, in the area where there is currently a concrete patio. They have not officially applied for a Building Permit.
The existing cesspool is 30’ away from open water and is having a detrimental effect on the lake. The cesspool will be voluntarily replaced with a tight tank.
Mr. Murphy stated that the plan he is presenting tonight has been presented to the Conservation Commission and approved by the Board of Health. The Conservation Commission asked that the dwelling be pushed back a little bit, therefore the applicant is asking for a variance for the lot because it does not meet the requirements for frontage or area. Mr. Murphy is confident the Conservation Commission will approve the plan that is before the ZBA tonight.
Tom Kalinowski of 86 Peters Cove Road and Harriet Van Dyke stated that they have no objection to the plan.
Mr. Bombara made a motion to close the public hearing for Douglas Ward (2019-09), 179 Wallis Street. Mr. Fitzpatrick seconded the motion. Vote: Aye-5.
Mr. Bombara made a motion to approve the Special Permit for Douglas Ward (2019-09), 179 Wallis Street per plan 719-30-09/9 dated 7/13/19 prepared by Stephen Dix and the foundation plan prepared by Robert Murphy Associates, Inc. dated 8/7/19. All setbacks shall comply with the plan drawn by Robert Murphy. Mr. Tusino seconded the motion. Vote: Aye-5.

DISCUSSION:
1. MINUTES: July 3 & July 10, 2019.
Mr. Fitzpatrick made a motion to approve the July 3, 2019 ZBA meeting minutes as presented. Mr. Tusino seconded the motion. Vote: Aye-5.
Ms. Holmes made a motion to approve the July 10, 2019 ZBA meeting minutes as presented. Mr. Bombara seconded the motion. Vote: Aye-5.

8:04 PM ADJOURNMENT:
Mr. Tusino made a motion at 8:04 PM to adjourn the ZBA meeting. Mr. Fitzpatrick seconded the motion. Vote: Aye-5.

Respectfully submitted,


Mary Wright
Recording Secretary
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