7/3/2019 - ZBA Meeting

Moderator: Maria Lajoie

7/3/2019 - ZBA Meeting

Postby Maria Lajoie » Wed Jun 19, 2019 11:13 am

ZONING BOARD OF APPEALS MEETING
WEDNESDAY, JULY 3, 2019
7:00 PM
(Community Meeting Room)
A G E N D A

7:00 PM PUBLIC HEARING: PELU, Inc.
520 Northwest Main Street
Date of Application: 6/13/2019
Decision Date for Special Permit: 90 days after close of Public Hearing
DISCUSSION
1. Minutes: 5/8, 6/12


Upcoming Meetings: 7/10, 8/14


Open session for topics not reasonably anticipated 48 hours in advance of meeting.
Maria Lajoie
Maria Lajoie
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Re: 7/3/2019 - ZBA Meeting

Postby Mary Wright » Wed Aug 21, 2019 8:06 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, JULY 3, 2019

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, July 3, 2019. Mr. Heney called the meeting to order at 7:04 PM in the Community Meeting Room.

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

7:02 PM PUBLIC HEARING: PELU, INC., 520 Northwest Main Street.
Mr. Heney opened the public hearing. Voting on the case will be Mr. Heney, Mr. Holland, Mr. Bombara and Mr. Fitzpatrick. Mr. Bombara stated his opinion to not offer applicants preferential treatment of scheduling a special ZBA meeting. Lauren and Keith Forget joined the meeting. The board reviewed the documents submitted by Mr. Forget.
Mr. Holland made a motion to omit legal counsel’s written argument into the public record as evidence, as a legal counsel representative was not present. Mr. Fitzpatrick seconded the motion. Vote: Aye-4.
Mr. Forget stated that he was told he needed a Special Permit to get a Building Permit for the concession stand. Mr. Forget stated that he does not know why he needs a Special Permit. Mr. Heney stated his opinion that the Building Inspector’s denial letter was self-explanatory; any expansion or renovation to a pre-existing, non-conforming structure needs a Special Permit. Mr. and Mrs. Forget countered that the use of the structure is non-conforming, not the structure itself.
Mr. Bombara agreed that the structure meets all of the setbacks, except for the side facing the water. Town Counsel Atty. Winner stated that any structure or use that is non-conforming cannot be altered without a Special Permit.
Ron Forget of 538 Northwest Main Street joined the meeting and stated that the prior Building Inspector, Larry Lench, stated last fall that he had no problem with the plans for the alterations to the structure.
Mr. Holland clarified the reasons for Mr. Keith Forget’s coming before the ZBA, and clarified that Mr. Keith Forget does indeed need a special permit. Mr. Keith Forget described the changes he made to the structure including reducing the structure from three stories to two, new windows, new roof, and new siding. Mr. Kaferlein stated that eight feet was added to one side of the structure and that area was enclosed, changing the footprint. Mr. Kaferlein stated that there are no problems with the plans for the alterations.
Roy Swenson of 565 Northwest Main Street joined the meeting and stated that issuance of a Special Permit should have come before issuance of a Building Permit.
Mr. Bombara made a motion to close the public hearing for PELU, Inc., 520 Northwest Main Street. Mr. Holland seconded the motion. Vote: Aye-4.
Atty. Winner suggested adding a finding to the motion regarding section 3.4 of the zoning bylaws stating that the alterations are no more detrimental to the neighborhood.
Mr. Bombara made a motion to approve the Special Permit for PELU, Inc., 520 Northwest Main Street, case #2019-05, that allows the structure to be expanded per plan 818-43-10/7 by Stephen Dix with the finding that the alterations are no more detrimental to the neighborhood (section 3.4). Mr. Holland seconded the motion. Vote: Aye-4.
Mr. Holland thanked Mr. Kaferlein for making himself available for this meeting.

DISCUSSION:
1. MINUTES: May 8 & June 12, 2019
Approval of the May 8 and June 12, 2019 ZBA meeting minutes was deferred to the next meeting.

7:36 PM ADJOURNMENT:
Mr. Fitzpatrick made a motion at 7:36 PM to adjourn the ZBA meeting. Mr. Bombara seconded the motion. Vote: Aye-4.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
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