10/9/2019 - ZBA Meeting

Moderator: Maria Lajoie

10/9/2019 - ZBA Meeting

Postby Maria Lajoie » Thu Oct 03, 2019 3:00 pm

ZONING BOARD OF APPEALS MEETING
WEDNESDAY, OCTOBER 9, 2019
7:00 PM
(Community Meeting Room)
A G E N D A


7:00 PM DISCUSSION North Brown, LLC: North Village Update
Schedule, Lot Release, Paving

7:15 PM PUBLIC HEARING: THOMAS EVERS (#2019-11)
200 Northwest Main Street
Date of Application: 9/16/2019
Decision Date for Special Permit: 90 days after close of Public Hearing

7:30 PM EXECUTIVE SESSION: To discuss strategy with respect to litigation
Town Counsel / Variance Decision: Dan Dudley, 160 Wallis Street (#2019-08)

DISCUSSION
1. Howard Ballou, 38 Railroad Avenue (#2019-10): Special Permit Decision
2. Zoning Bylaws: Definition of Structures
3. Minutes: 9/11


Upcoming Meetings: 11/13, 12/11

Open session for topics not reasonably anticipated 48 hours in advance of meeting.
Maria Lajoie
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Re: 10/9/2019 - ZBA Meeting

Postby Mary Wright » Mon Dec 09, 2019 6:36 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, OCTOBER 9, 2019

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, October 9, 2019. Mr. Heney called the meeting to order at 7:01 PM in the Community Meeting Room.

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

7:01 PM DISCUSSION: NORTHBROWN, LLC: NORTH VILLAGE UPDATE.
Atty. Ed Taipale joined the meeting. He stated that they are continuing construction in phase 2. They have some projected sales coming up.
Mr. Cundiff stated that the Fire Chief has made it clear that he would like the turnaround at the end of the road to be paved. Atty. Taipale said that half of phase 2 has been paved and a gravel turnaround put in. The units for which they would like Occupancy Permits are in the building immediately adjacent to the pump station and cistern. They project to finish the paving in the next month to month and a half.
Atty. Taipale stated that Tim Barlow and Neal Rybicki met with the Fire Chief and Highway Superintendent John Furno with the understanding that the paving of phase 2 would be completed by the end of the year. Mr. Cundiff reiterated that he would like to be present at those types of meetings. He does not have an email from the Fire Chief stating that he is okay with the temporary turnaround. Mr. Cundiff has asked the Fire Chief to include him in these types of meetings. A discussion was held.
Mr. Heney asked Mr. Cundiff to ask the Fire Chief on the Board’s behalf, to include him in future meetings.
Tim Barlow stated that the meeting with the Fire Chief was not to circumvent Mr. Cundiff. Mr. Cundiff had asked him to do some research on some options for the turnaround. He plans to present those options to Mr. Cundiff. A discussion was held.
Mr. Barlow will get something in writing from the Fire Chief and give it to Mr. Cundiff.

7:36 PM PUBLIC HEARING: THOMAS EVERS (#2019-11), 200 Northwest Main Street.
Mr. Heney opened the public hearing. He recused himself from the meeting and Ms. Holmes took over as Chair. Mike Labbe of Allen Engineering Associates and Mr. Evers joined the meeting. Mr. Labbe presented a plan to remove an existing garage, which is approximately 8’ from the property side line, and erect a 40’ x 24’ garage on basically the same footprint. The new garage will be a bit further from the property line.
Mr. Evers stated that only one corner of the building is 8’ from the property line. He stated that the Conservation Commission has approved the plan. Mr. Evers presented plans for the garage. He explained that he cannot place the garage elsewhere on his property because of his septic and driveway.
Ms. Holmes stated that the Planning Board had no opposition to the special permit.
Mr. Holland made a motion to close the public hearing for Thomas Evers (#2019-11), 200 Northwest Main Street. Mr. Tusino seconded the motion. Vote: Aye-4.
Mr. Holland made a motion to open a decision hearing for Thomas Evers (#2019-11), 200 Northwest Main Street. Mr. Tusino seconded the motion. Vote: Aye-4.
Mr. Holland made a motion to approve the application for the Special Permit for Thomas Evers (#2019-11), 200 Northwest Main Street for a garage per the plans presented this evening by Allen Engineering Associates and Dix, #919-40-04/6 dated 8/22/19. Mr. Tusino seconded the motion. Vote: Aye-4.
Mr. Heney rejoined the meeting and resumed as Chair.

7:39 PM EXECUTIVE SESSION:
Ms. Holmes made a motion at 7:39 PM to go into Executive Session for the purpose of discussing a variance decision and potential litigation and to return to regular session for the purpose of adjournment. Mr. Holland seconded the motion. Roll Call Vote: Pamela Holmes-Aye, Louis Tusino-Aye, Michael Fitzpatrick-Aye, Dan Heney-Aye, Sean Holland-Aye.

DISCUSSION:
1. Howard Ballou, 38 Railroad Avenue (#2019-10): Special Permit Decision. There was no discussion.
2. Zoning Bylaws: Definition of Structures. There was no discussion.
3. MINUTES: September 11, 2019.
Approval of the September 11, 2019 ZBA meeting minutes was deferred to the next meeting.

8:33 PM ADJOURNMENT:
The regular session was adjourned at 8:33 PM.

Respectfully submitted,


Mary Wright
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