Minutes - December,l 2009

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Minutes - December,l 2009

Postby Christine Mitchell » Mon Jan 25, 2010 5:25 am

ZONING BOARD OF APPEALS
MINUTES TO PUBLIC HEARING
December 10, 2009


The meeting was called to order at 7:31 pm

Present:
Mr. Dan Heney – Chairperson
Ms. Pamela Holmes
Mr. Sean Holland
Mr. John Marston
Mr. Michael Nelson


Case No. 2008-09 – North Village, North Street (Map 117, Parcel 61) Comprehensive Permit Application, Decision Meeting:

Also present:

Attorney Jay Talerman, representing the ZBA
Attorney Ed Taipale, representing the applicant
Mr. William Cundiff, Town Engineer, representing the ZBA
Mr. Paul Hutnak, Heritage Design Group, representing applicant

Board members review final draft of Decision.

Adelle Reynolds, Building Commissioner, had a question regarding Pg. 2 #3, Section 4

Attorney Talerman stated that it was defined under #1.

No further questions or comments.

Ms. Holmes made a motion to approve the applicant’s request, Mr. Marston seconded, all in favor.

Ms. Holmes – in favor
Mr. Marston – denied
Mr. Heney – in favor

Application granted by majority vote.

Attorney Talerman stated that the Decision needed to be signed stamped and filed by Tuesday the latest and that both copies of the MOUs needed to be attached to the filed copy.

Case No. 2009-18 – James Dana, 2 North Street, Public Hearing Continuation:

Applicant submitted new plans and requested a continuance in writing to the January meeting with an extension to close the public hearing to January 31, 2010. Mr. Heney made a motion to grant the applicant’s request and extend the public hearing to January 19, 2010 @ 7:00 pm, Ms. Holmes seconds, all in favor.

Case No. 2009-19 – Patty Socrat, 49 Lindberg Ave., Public Hearing Continuation:

Mr. Heney opens the Public Hearing and stated that this was a continuation from October meeting. The Board wanted further information from Conservation.

Mr. Heney read into record correspondence from Conservation approve plan dated September 16, 2009. Also read into record was correspondence from abutter, Scott Davidson, in favor of the applicant’s request.

Steve O’Connell, Andrew’s Survey, representing the applicant presents:

- approved septic and well
- approval from Conservation
- addition is conforming
- no abutter present in opposition
- no further detriment to the neighbor

Board members review the information submitted.

No further questions from the Board. No questions from the floor.

Ms. Holmes made a motion to close the public hearing, Mr. Holland seconded, all in favor.

Mr. Heney opens a Decision Meeting.

Ms. Holmes made a motion to approve the Special Permit as submitted, Mr. Holland seconded, all in favor.

Ms. Holmes – in favor
Mr. Holland – in favor
Mr. Heney – in favor

Application has been approved by unanimous vote.

Case No. 2009-16 – Bryan Levesque, 41 Kerney Road, Public Hearing Continuation:

Applicant was not present. No new plans submitted, no request for a continuance and no extension.

Ms. Reynolds, Building Commissioner, stated that no new plans were submitted to her office.

Ms. Holmes made a motion to close the public hearing, Mr. Holland seconded, all in favor.

Ms. Holmes made a motion to approve the applicant’s request, Mr. Holland seconded, all in favor.

Ms. Holmes – denied
Mr. Holland – denied
Mr. Heney – denied

Applicant’s request for a Variance has been denied by unanimous vote.

Case No. 2009-13 – Cliff VanReed, 5 Church Street & Map 198, Parcels 65 & 66, Public Hearing Continuation:

Mr. Heney excused himself from this case and left the table. Mr. Holland – Chairperson, Mr. Michael Nelson – Alternate Member- stepping in on case.

Mr. VanReed presents the application to the Board.

- 400’ frontage
- Short 5000 square feet of land
- 1995 a septic design was approved
- 3 non-conforming lots to 2 non-conforming lots

Adelle Reynolds, Building Commissioner further explained:
- 87’ the Aquifer Bylaw was passed
- 3 lots- all held in common- described on three separate deeds
- Applicant had 5 years before the 3 lots were considered to be one
- 96’ permit was issued

Mr. Holland asked what the hardship was.

Ms. Holmes stated that it is the applicant’s job to layout hardship.

Ms. Holmes further stated that the purpose of the Aquifer Bylaw was to reduce septic.

Applicant stated that he has been paying taxes on three separate lots, was not aware of the 5 year rule, even in 96’ when home was approved.

Mr. Holland stated that financial reasons did not meet the criteria for a Variance.

No further questions from the Board. No further questions/comments from the floor.

Ms. Holmes made a motion to close the public hearing, Mr. Holland seconded, all in favor.

Mr. Holland made a motion to allow the Variance as proposed, Ms. Holmes seconded, all in favor.

Mr. Holland – denied
Ms. Holmes – denied
Mr. Nelson – in favor

Application has been denied by a vote of 2 against and one in favor.

Case No. 2009-21 – GBI, 93 Davis Street, Public Hearing:

Mr. Heney opened the public hearing by reading the notice.

Mr. Michael Nelson excused himself from the case and left the table.

Mr. Louis Tusino requested that Ms. Holmes also excuse herself.

Ms. Holmes refused and stated that she has filed the proper disclosure forms with her appointing authority and did not feel there was any conflict.

Mr. Tusino stated that if there were any repercussions on this case, he would hold her accountable only. Not the Zoning Board and not the Town of Douglas.

Planning Board submitted no response. Expired 12/08/09

Mr. Bill Pybas presented the plans to the Board for the applicant.

Mr. Southland, an abutter, asked if the grassy area would be used for parking.

Mr. Pybas stated for overflow parking only. Can never be paved.

Ms. Holmes had a question regarding the wetlands.

Mr. Pybas indicated the 75’ no disturb area on the plans.

Ms. Holmes requested that Bill Cundiff attend to answer any additional questions.

Mr. Heney stated that he would ask him to review and e-mail any issues and if possible attend the next meeting.

Mr. Heney made a motion to continue the public hearing to January 19, 2009 @ 7:15 pm, Ms. Holmes seconded, all in favor.

Notify Mr. Southland if there is a change in the date.

Old/New Business

Check next meeting date with Town Clerk.

Leave extension forms in filing cabinet.


Adjourn 10:17 pm.


Respectfully submitted,

Christine Mitchell, ZBA Secretary
Christine Mitchell
 

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