19.0911 ZBA Meeting

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19.0911 ZBA Meeting

Postby Maria Lajoie » Thu Sep 05, 2019 12:32 pm

ZONING BOARD OF APPEALS MEETING
WEDNESDAY, SEPTEMBER 11, 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 CONTINUED: 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: Howard Ballou (#2019-10)
38 Railroad Avenue
Date of Application: 8/21/2019
Decision Date for Variance: 100 Days of Application (11/29/19)
Decision Date for Special Permit: 90 days after close of Public Hearing

DISCUSSION
1. Minutes: 8/14

Upcoming Meetings: 10/9, 11/13, 12/11


Open session for topics not reasonably anticipated 48 hours in advance of meeting.
Maria Lajoie
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Re: 19.0911 ZBA Meeting

Postby Mary Wright » Mon Dec 09, 2019 6:31 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, SEPTEMBER 11, 2019

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, September 11, 2019. Mr. Heney called the meeting to order at 7:01 PM in the Community Meeting Room.

ATTENDANCE:
PRESENT: Daniel Heney (Chairman), John Bombara, Michael Fitzpatrick, Sean Holland (arrived 7:07 PM), Pamela Holmes (Vice Chairman), Louis Tusino (Alternate)
ABSENT:
NON-VOTING: Mark Kaferlein (Building Inspector), Maria Lajoie (Administrative Assistant)

7:01 PM DISCUSSION: NORTHBROWN, LLC: NORTH VILLAGE UPDATE.
Atty. Ed Taipale joined the meeting and stated that they are still waiting for the Town to complete the cistern testing. Mr. Heney saw an email that stated that testing is planned for the 20th. Atty. Taipale stated that they are continuing to build in phase 2 and he provided an updated construction and sale schedule.
Atty. Taipale has reviewed the correspondence from the Fire Chief. He stated that they were hoping to get the cistern approved before they made the final payment. If he receives a letter from the Fire Chief stating that they have delivered everything they are required to deliver under section 4F of the amended MOU, they will pay right away. It is Atty. Taipale’s understanding that Stantec will not do the leak test until after the flow test is done.
Tim Barlow joined the meeting and Ms. Holmes asked to see “a mature area that has been there for a while.” Ms. Holmes stated that Mr. Cundiff contacted Harvard, MA and they have no knowledge of Apple Tree Estates. Mr. Barlow will try to find an address for Ms. Holmes, and he will give it to Mr. Cundiff.

7:15 PM PUBLIC HEARING CONTINUED: DAN DUDLEY (#2019-08), 160 Wallis Street.
Atty. Henry Lane joined the meeting and stated that there has not been a lot of progress since the last meeting, and he asked that the hearing be continued for another month. Atty. Lane is not at liberty to disclose the actions taken thus far, but he has been advised that a resolution can be reached in another month. A discussion was held.
Mr. Fitzpatrick stated that he is not comfortable with the shed being only 2’ from the property line. He would be inclined to cut the setback in half to 12’ off the back line, which creates a building envelope 23’ x 530’ in which to place a shed. Doing so would allow the sheds to comply with front and side setbacks. The sheds are 12’ x 16’ and 8’ x 8’. Mr. Tusino has no issue with the shed being 2’ from the property line. Mr. Heney stated that regardless of a shed’s size, it must conform to zoning. Mr. Kaferlein stated that no accessory structure can be placed in the setback.
At 7:25 PM, Atty. Lane asked for a 2-minute recess. The meeting resumed at 7:26 PM. Atty. Lane stated that the applicant needs another month to “sort it out.” A discussion was held.
Mr. Bombara made a motion to continue the public hearing for Dan Dudley (#2019-08), 160 Wallis Street to October 9, 2019 at 7:15 PM. Mr. Tusino seconded the motion. Vote: Aye-1, No-3, Mr. Fitzpatrick abstained.
Mr. Fitzpatrick made a motion to grant a rear setback variance of 13’ for both sheds, leaving 12’ of rear setback, and allowing for compliance of front and side setbacks for Dan Dudley (#2019-08), 160 Wallis Street. Ms. Holmes seconded the motion. Vote: Aye-5.
Ms. Holmes made a motion to close the public hearing for Dan Dudley (#2019-08), 160 Wallis Street. Mr. Bombara seconded the motion. Vote: Aye-5.
Atty. Lane left the meeting.
Mr. Kaferlein stated that, if the applicant does not comply with the ZBA’s decision and moving of the sheds, he would “take action” when the ZBA tells him to do so.

7:36 PM PUBLIC HEARING: HOWARD BALLOU (#2019-10), 38 Railroad Avenue.
Mr. Heney opened the public hearing. He stated that the Planning Board had no opposition to the application. Voting on the case will be Mr. Heney, Ms. Holmes, Mr. Bombara, Mr. Holland and Mr. Fitzpatrick. Mr. Ballou joined the meeting. Mr. Heney stated that he had a discussion with the Building Inspector and there is a question as to whether or not the applicant needs a variance or Special Permit. Mr. Kaferlein feels that the ZBA needs to decide if the proposed building is an attached or a detached garage. The applicants plan to “attach” the garage by means of a deck. The bylaws do not define “attached” or “detached”.
Mr. Holland pointed out that there is an argument to be made that the proposed building is a structure as defined by “building” and “structure” in the bylaws. Mr. Heney clarified, if the deck is considered to be the connection to the garage, then Mr. Ballou would need a Special Permit to add on to a pre-existing, nonconforming structure. If the proposed 2-car garage is considered detached, Mr. Ballou would need a variance. Mr. Ballou has applied for both a variance and a Special Permit. A discussion was held.
Mr. Holland made a motion to consider the proposed 2-car garage as an attached structure as the deck’s proposed use is to allow access to and from the house for a person with impaired mobility, and therefore, a Special Permit is required for Howard Ballou (#2019-10), 38 Railroad Avenue. Mr. Fitzpatrick seconded the motion. Vote: Aye-5.
Mr. Ballou explained that the garage will go right to the edge where there had been a pool.
Dustin Bonina of 74 Depot Street asked what the intended use is for the garage and if there will be a restriction on a commercial use in the future. He is concerned that the garage would be used commercially in the future, and commercial vehicles would make the intersection more dangerous than it already is. Mr. Heney explained that a commercial garage is not allowed in a VR zone. The footprint of the garage, minus the ramp, is 24’ x 24’ and the doors are only 7’ high.

Mr. Holland made a motion to close the public hearing for Howard Ballou (#2019-10), 38 Railroad Avenue. Ms. Holmes seconded the motion. Vote: Aye-5.
Ms. Holmes made a motion to open a decision hearing for Howard Ballou (#2019-10), 38 Railroad Avenue. Mr. Fitzpatrick seconded the motion. Vote: Aye-5.
Mr. Holland clarified his opinion on the definition of a structure and his opinion, in this case, that the deck, based on its proposed use, will serve to connect the proposed garage to the existing house. Mr. Bombara read the definition.
Mr. Fitzpatrick made a motion to approve the Special Permit for Howard Ballou (#2019-10), 38 Railroad Avenue for a residential garage and to be constructed as shown on the following plans: plan 1875 drawn by Existing Grade, Inc. and dated 8/14/19 and plan 719-29-08/5 by Stephen Dix dated 7/2/19. Mr. Bombara seconded the motion. Vote: Aye-5.

DISCUSSION:
1. MINUTES: August 14, 2019.
Ms. Holmes made a motion to approve the August 14, 2019 ZBA meeting minutes as amended. Mr. Bombara seconded the motion. Vote: Aye-5, Mr. Holland abstained.
2. Building Inspector Mark Kaferlein joined the meeting and explained that a Special Permit has a two-year limit and variances do not have a limit, therefore, with a variance, the Inspector needs to be instructed to take action.
Regarding the Ballou hearing, it is Mr. Kaferlein’s opinion that the garage is not attached. He feels that, with an attached structure, you should be able to travel from shelter into shelter. He feels the definition of “attached” in the bylaw should be changed. Mr. Holland argued the current use of “support” in the definition.
Mr. Holland will draft language to suggest improvements to “Definition of Structure” to review at the next meeting to recommend to the Planning Board.

8:12 PM ADJOURNMENT:
Mr. Fitzpatrick made a motion at 8:12 PM to adjourn the ZBA meeting. Mr. Bombara seconded the motion. Vote: Aye-5.

Respectfully submitted,


Mary Wright
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