12/11/2019 - ZBA Meeting

Moderator: Maria Lajoie

12/11/2019 - ZBA Meeting

Postby Maria Lajoie » Thu Dec 05, 2019 2:44 pm

ZONING BOARD OF APPEALS MEETING
A G E N D A
WEDNESDAY, DECEMBER 11, 2019
7:00 PM
Community Meeting Room

Business:

7:00 PM PUBLIC HEARING CONTINUED: JEH Real Estate Investment Company, LLC
40 Depot Street
Date of Application: 10/22/2019
Decision Date for Special Permit: 90 days after close of Public Hearing

1. 2020 Meeting Schedule/Conflict
2. Purchase of chair(s) for Meeting Room – Possible Vote(s)
3. Approve Minutes: 9/11, 10/1, 10/9, 11/13 – Possible Vote(s)

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Future Agenda Items:
TBD: Zoning Bylaws: Definition of Structures
Upcoming Meeting: 1/8/2020










Note: Times are estimates unless denoted as a Hearing.
Items listed are those reasonably anticipated as a topic
48 hours in advance by the Chairman

The Town of Douglas is an equal opportunity Provider and Employer.
Maria Lajoie
Maria Lajoie
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Re: 12/11/2019 - ZBA Meeting

Postby Mary Wright » Mon Jan 13, 2020 8:20 pm

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

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, December 11, 2019. Mr. Heney called the meeting to order at 7:05 PM in the Community Meeting Room.

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

BUSINESS:

7:05 PM PUBLIC HEARING CONTINUED: JEH REAL ESTATE INVESTMENT COMPANY, LLC, 40 Depot Street.
Mr. Bombara stated that he watched the recording of the 11/13/19 ZBA meeting. Atty. Rob Knapik joined the meeting. Also present were Jim Hasty of JEH Real Estate and architect Gary Moyer. Atty. Knapik summarized what was presented at the last meeting.
Since the last hearing, the plans have been revised to reduce the number of bedrooms from 19-16, resulting in all 8 units being 2-bedroom units. The plans have also been revised to show a fence in the island to screen the glare of headlights from cars exiting the parking lot.
Ms. Holmes asked to see a plan that shows the original footprint with an overlay of the proposed structure. Mr. Moyer presented that detail. The distance from the corner of the last unit to Martin Road is approximately 57’. The back space will remain green space.
Ms. Holmes asked if a conversation with the Police Dept. could be held to monitor the activity at the building. Mr. Hasty stated that the tenants of these units will be required to provide security deposits and will not be Section 8 housing. He said that he is a “hands-on” landlord.
Mr. Bombara feels that the proposed structure is an improvement over the previous one.
Suzanne Carrier of 42 Depot Street is concerned about preserving privacy. Ms. Carrier also stated that the dumpster is right against her property. Atty. Knapik reminded the Board that they can impose conditions, however this is only the first step of a two-part process. If the ZBA grants the Special Permit, then the plan is still subject to Site Plan Review in front of the Planning Board.
Kevin Josey of 15 Martin Road stated that the entrance to his driveway is only 30’ from the back of the last building. The existing building is 6,000 sq. ft. The existing building that is to remain is 3,475 sq. ft., the new connector would be 534 sq. ft. and the new addition would be 6,184 sq. ft., not including the basement. Mr. Josey feels the increase in size is excessive, and he is especially is concerned about how close the extra unit on the end is to his property.
In response to a question from Karen McNamara of 44 Depot Street, Mr. Heney replied that for 9 units, 95,000 sq. ft. is needed. This project is 33,000 sq. ft. Atty. Knapik stated that that bylaw would apply if this was new construction. Mr. Heney explained that the bylaw for reconstruction after a fire or catastrophe allows for reconstruction on the exact same footprint; this footprint is being expanded. Ms. McNamara also feels that the increase in size is excessive.
Atty. Knapik did not research whether or not the existing water main has the capacity for the fire suppression system.
John Linde of 43 Depot Street feels that the screening may take care of the lights, but it does not take care of the noise.
Mr. Bombara made a motion to close the public hearing for JEH Real Estate Investment Company, LLC, 40 Depot Street. Ms. Holmes seconded the motion. Vote: Aye-4.
Mr. Bombara made a motion to grant the Special Permit for JEH Real Estate Investment Company, LLC, 40 Depot Street (2019-12), such that the existing structure contain 3 2-bedroom units and the new construction to contain 6 2-bedroom units per the revised plans dated 11/14/19 and site plan dated 12/2/19. Ms. Holmes seconded the motion. Vote: Aye-4.
Mark Kaferlein asked if the ZBA’s decision was going to contain conditions. Mr. Heney replied in the positive. Mr. Bombara explained that the applicant has already agreed to a fence to screen headlights, has reduced the number of beds, and acknowledged screening/fencing of the dumpster. A discussion was held. The ZBA decided that their findings will include enclosing the dumpster.

1. 2020 Zoning Board of Appeals Meeting Schedule/Conflict-Possible Vote. Wednesday, November 11, 2020 is Veterans Day. The meeting room is available on Thursday, November 12, 2020. It was decided to move the 11/11/20 meeting to 11/12/20. Mr. Fitzpatrick made a motion to approve the revised 2020 Zoning Board of Appeals Meeting Schedule. Mr. Bombara seconded the motion. Vote: Aye-4.
2. Purchase of chair(s) for meeting room-Possible Vote. Ms. Holmes made a motion to have the chairs in the meeting room cleaned, not replaced. Mr. Fitzpatrick seconded the motion. Vote: Aye-4.
3. MINUTES: November 13, 2019.
Ms. Holmes made a motion to approve the November 13, 2019 ZBA meeting minutes as presented. Mr. Fitzpatrick seconded the motion. Vote: Aye-4.

7:55 PM ADJOURNMENT:
Mr. Bombara made a motion at 7:55 PM to adjourn the ZBA meeting. Mr. Fitzpatrick seconded the motion. Vote: Aye-4.

Respectfully submitted,


Mary Wright
Recording Secretary
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