April 11, 2018 ZBA meeting

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April 11, 2018 ZBA meeting

Postby Mary Wright » Sun Jul 01, 2018 3:03 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, APRIL 11, 2018

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, April 11, 2018. Mr. Heney called the meeting to order at 7:02 PM in the Community Meeting Room.

ATTENDANCE:
PRESENT: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), Michael Fitzpatrick (Alternate), Sean Holland, Louis Tusino (Alternate)
ABSENT: John Bombara (Excused), Maria Lajoie (Administrative Secretary)

7:02 PM CASE #2018-04: PUBLIC HEARING CONTINUED: RAYMOND LAFAVE, 43 Southeast Main Street.
Hearing the case will be Mr. Tusino, Mr. Fitzpatrick, Ms. Holmes, Mr. Holland and Mr. Heney. James Daigneault joined the meeting. The existing garage will be removed and a larger garage will be built. Mr. Daigneault stated that the proposed garage is within the 50’ buffer. The new garage takes up the same amount of square footage within the 50’ buffer as the old garage. The garage will be used to store antique tractors. There will be no commercial use. The Conservation Commission has approved the plan. The lean-to sits 3’4” off the property line.
Ms. Holmes made a motion to close the public hearing for case #2018-04, Raymond LaFave, 43 Southeast Main Street. Mr. Fitzpatrick seconded the motion. Aye-5.
Mr. Holland made a motion to approve the variance as described in the application submitted for case #2018-04, Raymond LaFave, 43 Southeast Main Street, to be constructed as submitted, with the condition that the building not be used for any other purpose other than residential. Mr. Fitzpatrick seconded the motion. Aye-5.
Building Inspector Larry Lench was asked to include the findings in the decision. The variance was granted due to the hardship of the location of the wetlands on the property.

OTHER BUSINESS:
Mr. Heney stated that a letter of resignation was received from Leonard Demers, who has moved out of state. Mr. Heney read the letter. He stated that he received an email from Suzanne Kane stating that the ZBA has an opening for a full member. Mr. Tusino and Mr. Fitzpatrick are alternates, Mr. Fitzpatrick being the senior member. Mr. Tusino stated that he is not able to be a full member. The ZBA supported Mr. Fitzpatrick’s appointment as a full member.
Mr. Holland made a motion to recommend Michael Fitzpatrick as a full member of the ZBA, as Louis Tusino has willingly declined. Ms. Holmes seconded the motion. Vote: Aye-5.
Ms. Kane will advertise for an alternate.
It was noted that the application for a variance needs to be amended as it allows a place to note a financial hardship, however finances cannot be considered for a hardship.

7:22 PM CASE #2018-06: PUBLIC HEARING: ANDREW & RUTH PARKER, 42 Shore Road.
Mr. Heney opened the public hearing. Mr. Tusino recused himself. The Planning Board had no objection to the variance request. Mr. and Mrs. Parker joined the meeting. Mr. Parker stated that he would like to be considered for the precedent that has been allowed on the Terrace. In the past seven years, there have been three homes built on the Terrace on new lots with less square footage than the Parkers have. Their property abuts the State forest.
The original lot was purchased in 1985 and the second, smaller adjacent lot was purchased in 1993. Mr. Holland read a letter dated May 26, 1978 regarding a recent town meeting where the passage of article 14 increased the minimum lot size area in a rural residential (RR) area from 45,000 sq. ft. to 90,000 sq. ft. and increased the frontage requirement from 150’ to 200’. Wallum Lake Terrace was formed in 1965. A discussion was held.
It was decided that Town Counsel will review the application.
Bob Snow of 28 Arnold Road stated that he has no issue with the request for a variance.
Mr. Lench stated that the property would benefit the Town by adding to the tax revenue, and he does feel that there is a family hardship.
Bryan Levesque of 41 Kerney Road has no issue with the plans. He feels it is irresponsible of the Town to allow people to sink money into property without properly guiding them through the process. He feels the house would be a benefit to the neighborhood.
Dennis Sterlacci of Shore Road supports the Parker’s application.
Ms. Holmes made a motion to continue the public hearing for case #2018-06, Andrew and Ruth Parker, 42 Shore Road to May 9, 2018 at 7:00 PM. Mr. Holland seconded the motion. Vote: Aye-4.
Mr. Heney informed Mr. Parker that he needs to fill out a form to extend the decision date for the ZBA.

7:53 PM CASE #2018-07 PUBLIC HEARING: LOUIS TUSINO, 103 Shore Road.
Mr. Heney opened the public hearing. Mr. Tusino recused himself. The Planning Board had no objection to the application. Mr. Tusino’s attorney, Gerald Shugrue joined the meeting. He stated that at the Board of Selectmen’s meeting of August 11, 2015, Leonard Demers, Ms. Holmes, Mr. Fitzpatrick and Mr. Bombara opposed the appointment of Mr. Tusino as an alternate member to the ZBA. Atty. Shugrue feels these members may have violated the Open Meeting Law as they may have met privately to discuss Mr. Tusino’s appointment. Atty. Shugrue feels that Mr. Tusino may not receive a fair judgment since three of the people hearing this case have opposed Mr. Tusino’s appointment. He asked the three members to recuse themselves from the hearing.
Ms. Holmes stated that she has given Mr. Tusino every consideration and fair hearing. A discussion was held.
Mr. Tusino and Atty. Shugrue requested a continuance. Mr. Tusino feels he can prove that he owns additional land.
Atty. Henry Lane stated that this case has been going on for 13 years. This lot is not grandfathered, it is not entitled to a building permit, and as of tomorrow, Mr. Tusino will be in contempt of the order that directs him to tear down the house. Atty. Lane stated that the Appeals Court of Mass. has ruled that there is nothing unique about the lot and there is no hardship. He feels that every issue addressed in the two applications (see #2018-08 below) has been addressed.
A discussion was held.
Mr. Holland made a motion to continue the public hearing for case #2018-07, Louis Tusino, 103 Shore Road to May 9, 2018 at 7:15 PM. Mr. Fitzpatrick seconded the motion. Vote: Aye-0, No-4.
Atty. Shugrue requested to withdraw both applications (see #2018-08 below).
Mr. Holland made a motion to accept the withdrawal of the application for case #2018-07, Louis Tusino, 103 Shore Road. Ms. Holmes seconded the motion. Vote: Aye-4.

8:18 PM CASE #2018-08 PUBLIC HEARING: LOUIS TUSINO, 103 Shore Road.
Mr. Tusino recused himself.
Mr. Holland made a motion to accept the withdrawal of the application for case #2018-08, Louis Tusino, 103 Shore Road. Ms. Holmes seconded the motion. Vote: Aye-4.

DISCUSSION:
1. 12 Roslyn Road: Update. Mr. Lench stated that he was considering fining the property owner, but it was still within the 21-day appeal period. The trailer has now been removed.
2. MINUTES: March 14, 2018
Approval of the March 14, 2018 minutes of the ZBA meeting was deferred to the next meeting.

8:20 PM ADJOURNMENT:
Mr. Fitzpatrick made a motion to adjourn the ZBA meeting at 8:20 PM. Mr. Holland seconded the motion. Vote: Aye-4.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 558
Joined: Thu Jan 12, 2012 8:56 pm

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