12/8/2010 - Meeting Minutes

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12/8/2010 - Meeting Minutes

Postby Maria Lajoie » Mon Jan 10, 2011 12:16 pm

The meeting was called to order at 7:10pm.

ATTENDANCE
Present were Chairman Daniel Heney, Pamela Holmes (Vice Chairwoman), Michael Nelson (Alternate Member) and Adelle Reynolds (Building Commissioner).Absent was Sean Holland (Member).

*Hearing cases tonight are Chairman Daniel Heney, Pamela Holmes (Vice Chairwoman) and Michael Nelson (Alternate Member).

7:10 PM DISCUSSION
1. 2011 Meeting Schedule. After review, a Motion was made by Holmes to approve the 2011 Meeting Schedule, as amended, seconded by Nelson. Vote was unanimous.

7:15 PM ZBA CASE # 2010-14
PUBLIC HEARING: PETER R. & SUSAN M. BRADY
35 Wallis Street
Hearing this case tonight is Chairwoman Pamela Holmes and Michael Nelson (Alternate Member). Chairman Daniel Heney recused himself. Present on behalf of the applicant was Attorney Edwin Taipale. Acting Chairwoman Pamela Holmes said that due to Holland’s absence, she asked Taipale if he would approve a continuance until the January meeting and Taipale agreed. A Motion was made by Nelson to continue the Public Hearing on Wednesday, January 5, 2011 at 7:00pm, seconded by Holmes. Vote was unanimous.

DISCUSSION
American Pro Wind, “Douglas Woods Wind Farm”.
Present was the Applicant Ernesto Caparrotta and his representative Rod Jane of New England Expansion Strategies. Jane is here to give the Board a progress report. 1) Site Plan Review with the Planning Board – there is a question regarding the turbine #1 setbacks and Jane asked if he could meet with the Building Commissioner and our town counsel; 2) Jane said on 9/15/10 an ENF was filed with MEPA and this will delay the project between four to six months; 3) submitted a stamped site plan, shadow flicker study and acoustic study; 4) 81X plan submitted and will be recorded at the Registry of Deeds; 5) Jane said that the project is an industrial zoned area but the southern end is residential (a split parcel) with two proposed turbines which will be moved; and 6) and submitted a preliminary plan of the structure. Jane asked the Board to vote to approve their extension for the Variance for their bank. Heney said the Board would discuss this at their next meeting when there is a full Board. Cundiff said that American Pro Wind has made a lot of progress with the 18 items listed. Heney asked that an updated list be submitted for the meeting in January.

7:35 PM ZBA CASE #2010-10
PUBLIC HEARING CONTINUED: Funding Services Trust
Charles Street, Map 141, Parcel 29
Present on behalf of the applicant was Attorney Henry Lane. Also present was Lori Dzivasen, abutter. The Applicant is requesting a Variance in a Village Residential Zoned area pursuant to the Douglas Zoning Bylaws, Appendix B – Dimensional Regulations to vary the 100-foot required frontage to 28-feet of frontage. Lane said that the Applicant wants to build a single family house. Heney said that the Planning Board ANR Plan said that this is not a buildable lot. Lane said that this just means that the lot does not meet the frontage requirements and that is why he is coming to the Board for a Variance and then will go back to Planning Board with a revised ANR Plan. Nelson asked if there are other lots like this and Cundiff said yes prior to the Zoning Bylaws these lots were grandfathered. Ms. Dzivasen talked to the Board about the history of this property saying that it was sold to UXOR in 1994 and in 1995 to J.A. Construction and in 2006 a duplex was built with this lot not being buildable. She said that the (secondary) aquifer goes through this property and that part of her driveway is on lot #29. She is concerned with runoff and additional water problems and said that the water comes down from the rock ledge on this site. Lane said that the Applicant would not build a large house and that the plan was submitted to demonstrate that a large house could fit on the lot. Lane said the Applicant would rather build a house that would blend in with the neighborhood (less dense). The Board will do a site walk prior to the next meeting. There was discussion about the Lot Exemption Bylaw which Lane said he did not meet due to area and Reduced Frontage. Reynolds said that with the aquifer on this lot, area is important. Dzivasen asked about the water issues and Lane said that the Board can have the Applicant address all the water issues. Cundiff said that the abutters across the street have been complaining about the runoff for quite some time. Heney said that if the house is built, this could solve the runoff problems. After discussion, a Motion was made by Holmes to continue the Public Hearing on Wednesday, January 5, 2011 at 7:30pm, seconded by Nelson. Vote was unanimous.

DISCUSSION:
1. The Board received a letter dated 11/10/10 from Will Taylor & Carla Williamson dba Body Utopia, 100 Linden Street, the intent of the letter was to help clarify any misunderstandings the Board may have had regarding the business. Heney said that the Board will discuss this issue at their meeting on January 5, 2011 at 7:45pm. Reynolds said that the Selectmen rely on the Town Moderator for town meeting guidance and said she would talk to the Town Administrator and ask what to do. The Board has until February 1, 2011 to submit their decision.
2. Format for Forms. Cundiff asked the Board’s permission to use a new format for all Special Permits and Variances and the Board agreed to look at them at their next meeting.
3. Vouchers. The Board signed (2) vouchers.
4. FYI. Heney told the Board members that there was a document from Kopelman & Paige regarding an Appeal if they want to review it.

MEETING MINUTES OF 9/1/10
After review, a Motion was made by Holmes to approve the Meeting Minutes of September 1, 2010, as written, seconded by Nelson. Vote was unanimous.

MEETING MINUTES OF 10/6/10
After review, a Motion was made by Holmes to approve the Meeting Minutes of October 6, 2010, as written, seconded by Nelson. Vote was unanimous.

MEETING MINUTES OF 11/3/10
After review, a Motion was made by Holmes to approve the Meeting Minutes of November 3, 2010, as amended, seconded by Nelson. Vote was unanimous.

ADJOURNMENT
At 8:34pm, a Motion was made by Nelson to adjourn the meeting, seconded by Holmes. Vote was unanimous.

Respectfully submitted,


Maria Lajoie
Administrative Secretary
Community Development Dept.
Maria Lajoie
Maria Lajoie
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