December 2, 2015 ZBA meeting

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December 2, 2015 ZBA meeting

Postby Mary Wright » Sun Jan 10, 2016 7:31 pm


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, December 2, 2015. Mr. Heney called the meeting to order at 7:00 PM in the Community Meeting Room.

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

7:00 PM ZBA CASE #2015-11 PUBLIC HEARING: DEBORAH L. STOCKWELL, 115 Ledgestone Road.
Mr. Heney opened the public hearing. Voting on the case was Mr. Heney, Ms. Holmes, Mr. Holland, Mr. Bombara, and Mr. Fitzpatrick. Mr. Tusino participated.
Mr. Heney stated that the Planning Board had no objection to the request for the Special Permit. Leonard Jalbert from Jalbert Engineering and James Daigneault from General Contractors joined the meeting. Deborah and Jeff Stockwell were also present. Mr. Jalbert stated that the applicant plans to raze the existing one-story seasonal structure and erect a seasonal 24’ x 40’ 1.5 story structure on a 4’ high crawl space. Mr. Jalbert is willing to install a drain if needed. Mr. Jalbert outlined the position of the structure on the lot. The setback remains the same. There will be a graveled three-car parking area. James Malley of the Board of Health has stated that the septic system does not need an upgrade because it passed Title 5. Mr. Jalbert said that the septic is for two-bedrooms. The well will stay as is. A discussion was held.
Adelle Reynolds, Building Commissioner, stated that there is no Building Permit yet. She asked if the applicant would have to come before the ZBA again if they decided to go full-use. Also, the plan says “existing storage” but the letter in the application talks about a seasonal cabin. Ms. Stockwell replied that there are two cottages on the lot. They are both seasonal cottages, however one is also used as storage. The cottage used as storage has a toilet and a sink, however no one has slept in it for years. The front cottage is the one she plans to raze and rebuild. Ms. Reynolds stated that if the storage cottage has not been used as a seasonal camp in more than two years, then it loses its grandfathering.
A two-bedroom septic cannot exceed five habitable rooms. The Stockwells felt that Title 5 approved the new dwelling and the storage cottage as a seasonal cottage, which would be a total of six rooms. Mr. Jalbert will clarify with Mr. Malley. Mr. Stockwell was present when the Title 5 was done, and he stated that the inspector was aware that there were three bedrooms and two houses involved.
Mr. Heney stated that page 2 of the application says the use is a seasonal use for a single-family residence. Ms. Stockwell stated that she would like to be able to use it full-time, but has no plans to do so in the immediate future. Mr. Heney stated that if the application is approved as written, she would have to come before the ZBA again for full-use. Mr. Jalbert requested a continuance.
Mr. Bombara made a motion to continue the public hearing, ZBA Case #2015-11, Deborah L. Stockwell, 115 Ledgestone Road to January 6, 2016. Ms. Holmes seconded the motion. Vote: Unanimous.

1. NorthBrown, LLC: Received a letter dated 11/9/2015 requesting a one-year
extension for their Comprehensive Permit (Case #2008-09). Ed Taipale and Neil Rybicki of NorthBrown, LLC joined the meeting. Mr. Taipale stated that the Comprehensive Permit was issued by the ZBA in 2010. He presented a history of the permit. The project started in 2006 under the Local Initiative program. The project was redesigned and the single-family project was removed. The Memorandum of Understanding (MOU) was amended. The project that was proposed and approved in 2010 contains 124 condominium units. They are duplex condominiums, each with three bedrooms and an attached garage. They have provisions to give land to the Water/Sewer Commissioner for a water tower. The ZBA granted them a three-year extension in 2012, which expires December, 2015. A year ago, they were able to begin the project. They have done the wetlands work and the replication work. Much of the site has been cleared and the rough road is in.
Ms. Reynolds stated that there is a requirement to have water available at the site. She mentioned that she, Mr. Cundiff, Neil Rybicki, Mr. Barlow and the Water, Sewer, Fire, and Highway Depts. met less than a month ago. The applicant has not yet had the Fire Chief go out to measure progress and accessibility of the road. Mr. Heney presented correspondence from the Fire and Highway Depts. Both Chief Vinson and Highway Superintendent John Furno would like to see NorthBrown, LLC proceed in the same manner as any other subdivision in the Town of Douglas. Fire Chief Vinson wrote that he would require that the road be paved for emergency access and egress, and fire hydrants installed and operational for each phase of the project. John Furno would prefer to see the drainage infrastructure and a basecoat of asphalt completed before a driveway permit could be issued.
William Cundiff, Town Engineer and Jay Talerman, Town Counsel joined the meeting. Mr. Cundiff stated that there are conditions in the MOU that have not been met yet. One is that there has not yet been land donated to the Town for the purpose of constructing a water tower, and the other is that nothing has been submitted to the Water Dept. regarding constructing a booster pump station and donating money to the Town for that purpose. Mr. Cundiff stated that any subdivision project in Douglas has to have a binder coarse of paving in place before a building permit can be issued.
Mr. Taipale argued that the MOU states that building permits will not be held up because of that. He read a letter dated August 19, 2010 from the Water Sewer Dept. that approved the project for connection to the Town municipal water system and municipal sewer system. Mr. Cundiff stated that the letter was never submitted to the board.
Atty. Talerman does feel an extension is a good idea. He feels the Fire Chief’s requests are reasonable. Mr. Cundiff plans to go through the decision and itemize the conditions that are outstanding. He will send that list to the developer.
Mr. Holland wants to be sure that the ZBA is not agreeing that the Town’s actions rendered it impossible for NorthBrown, LLC to complete the program, as was stated in the applicant’s letter. Atty. Talerman does not feel that giving an extension can be interpreted as an admission.
Ms. Holmes made a motion to approve a one-year extension for Comprehensive Permit (Case #2008-09) for NorthBrown, LLC. Mr. Fitzpatrick seconded the motion. Vote: Unanimous.
Mr. Cundiff will send a letter to the applicants letting them know that the 53G and 53E.5 accounts need to be replenished.
Mr. Fitzpatrick asked that reports be supplied on a regular basis, especially if they are going to be part of the decision process. Ms. Lajoie will talk to Mr. Cundiff about that.
2. 2016 Meeting Schedule. Ms. Holmes made a motion to approve the 2016 ZBA Meeting Schedule as presented. Mr. Holland seconded the motion. Vote: Unanimous.
3. MINUTES: November 4, 2015
Ms. Holmes made a motion to approve the November 4, 2015 Zoning Board of Appeals meeting minutes as presented. Mr. Holland seconded the motion. Vote: Aye-4, Mr. Heney and Mr. Holland abstained.
4. Project Review. The Planning Board asked the ZBA for a preliminary review of an application for a subdivision, Sleepy Hollow off of Northeast Main Street. There will be 22-24 homes. The ZBA had no comments at this time.

Mr. Bombara made a motion to adjourn the meeting at 8:20 PM. Ms. Holmes seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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