Minutes-November, 2008

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Minutes-November, 2008

Postby Christine Mitchell » Thu Oct 01, 2009 3:52 am

ZONING BOARD OF APPEALS
MINUTES TO PUBLIC HEARING
November 20, 2008


The meeting was called to order at 7:22 pm

Present:
Mr. Colin Haire – Chairperson
Mr. Harold Davis – Vice-chairperson
Mr. Daniel Heney – Clerk

Case No. 2008-20 – Steve Bagdis – 90 Peters Cove Road – Public Hearing Continuation:

Mr. Haire opened the Public Hearing by reading the notice and further stated that the Public Hearing was continued from October 16, for the submittal of a plot plan showing the original footprint of the existing dwelling.

Applicant submitted plot plan for the record.

Mr. Davis made a motion to approve the applicant’s request for a Special Permit with the condition that the applicant adhere to the plans submitted, Mr. Heney seconds, all in favor.

Closed 7:25 pm

Case No. 2008-09 – North Village, North Street – Public Hearing Continuation:

Also present:

Attorney Jay Talerman
Bill Cundiff
Attorney Ed Taipale
Paul Hutnak, representing Heritage Design

Mr. Hutnak presents plans to the Board:

- pervious pavers to be used on emergency access driveway
- bank added with plantings and swale to mitigate any run-off to homes on Brown Road
- screening added to detention basin on Colonial Street abutters

Subs have not received answers to some of the questions submitted;

- Sewer and Traffic Study submitted tonight
- Water to be submitted; Heritage to forward

Detailed drawings for remainder of North Street
- Mr. Cundiff stated that the crossing has been redesigned and addressed, they are now focused on the sidewalks

Board members had questions regarding centralized mailboxes and school bus access and turn around.

- Central mailboxes to be established for the condo units with two parking spaces
- Leaving Single-Family units to the discretion of the post-master
- Paul Hutnak to contact bus company for information

Board members request an extension from the applicant. Applicant has granted an extension to February 19, 2009.

Mr. Davis made a motion to continue the public hearing to December 20, 2008, Mr. Heney seconds, all in favor.

Continued to December 20, 2008 at 7:00 pm.

Case No. 2008-21 – James Glode, 17 & 35 Peters Cove Road – Public Hearing:

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

Also present:
Attorney Gerald Shugrue
Mike Yerka

Mr. Yerka presented the application to the Board:

- 26’ x 36’ single family dwelling
- Lots combined are just under 25,000 square feet
- 42’ front yard setback – required 50’
- Applicant is requesting a variance for lack of area and front yard setback
- 2 parcels on same deed
- 2 separate tax bills
- Applicant stated that he would combine lots

Attorney Shugrue submitted facts in support of a variance for the file.

There are no further questions from the Board and no questions from the floor.

There is no response from the Planning Board – expiration date is November 24.

Mr. Davis made a motion to continue the public hearing to December 18 at 8:00 pm, Mr. Heney seconds, all in favor.

Case No. 2008-22 – George Schultheiss, 18 Marylyn Drive – Public Hearing:

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

There is no input from the Planning Board – expires December 5.

Applicant presents the application to the Board:
- requesting a variance to build a garage which will lack the required side yard setback (proposed is 18’ required is 25’)
- layout of existing dwelling presents applicant from moving
- septic system is on the left of the existing dwelling preventing any building in that area

Board members request that the applicant submit a plot plan showing existing and to be built drawings with setbacks.

There are no further questions from the Board and no questions from the floor.

Mr. Davis made a motion to continue the public hearing to December 18 at 8:15 pm, Mr. Heney seconds, all in favor.

Case No. 2008-14 – Charles & Maureen Johnston, 15 North Street - Public Hearing Continuation:

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

This hearing was continued from September. At that time the ZBA felt that they did not have the jurisdiction and recommended that the applicant apply to the Planning Board. This case was left open to November 20, in the event there was further information obtained.

Mr. Haire stated that the applicant received a violation notice from the Building Commissioner.

Upon further review the Board members determined that they had jurisdiction. The members discussed whether to allow the violation to stand or to determine that the applicants did not pave more than 20% of the lot area.

Mr. Davis made a motion, that based on the evidence submitted find that the paved are was a pre-existing condition and the applicants’ did not increase the impervious area, therefore there is no violation of the by-laws by the applicants and no Special Permit is required, Mr. Heney seconds, all in favor.

Mr. Davis made a motion to adjourn, Mr. Heney seconds, all in favor.

Adjourned: 9:12 pm

Respectfully submitted,



Christine Mitchell, ZBA Secretary
Christine Mitchell
 

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