October 11, 2017 ZBA Meeting

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October 11, 2017 ZBA Meeting

Postby Mary Wright » Thu Nov 16, 2017 7:48 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, OCTOBER 11, 2017

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, October 11, 2017. 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), John Bombara, Michael Fitzpatrick, Louis Tusino (Alternate), Maria Lajoie (Administrative Secretary)
ABSENT: Leonard Demers, Sean Holland

7:03 PM ZBA CASE #2017-04: PUBLIC HEARING CONTINUED: HENRY LaBONNE, JR., 56 Martin Road.
Mike Yerka of Civil Site Engineering joined the meeting. He stated that the back half of the building has been moved back 6’. They are now only asking for a variance for a small area which amounts to 47 sq. ft. of total building. The front half of the garage is within the zoning offsets. The garage will be used strictly for storage.
Ms. Holmes is concerned about the proximity to the existing home and the size of the garage on the lot.
The Planning Board had an objection to the front and side setbacks, however the objection did not pertain to the September 9, 2017 revision of the plans.
Mr. Bombara made a motion to close the public hearing for case #2107-04, Henry LaBonne, Jr, 56 Martin Road. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.
Mr. Bombara made a motion to approve the variance for case #2017-04, Henry LaBonne, Jr, 56 Martin Road, with the condition that the plan submitted today with the revised date of 9/9/17 be included in the approval. Mr. Tusino seconded the motion. Vote: Aye-4, No-1.

7:16 PM NORTHBROWN, LLC: North Village.
Atty. Ed Taipale joined the meeting. He presented the updated Affirmative Fair Housing Marketing Plan. Since the last meeting, the Town hired housing consultant Elizabeth Ross to submit a local preference request to the Dept. of Housing and Community Development, which was recently approved.
William Cundiff, Town Engineer gave a background of the local preference procedure. Mr. Cundiff stated that the marketing plan is a fairly standard document, however he requested that he be notified about scheduling and advertising so that the local preference can be promoted. The way to promote is still to be determined. The cost for the consultant was borne by the applicant.
Ms. Holmes made a motion to accept the marketing plan for NorthBrown, LLC, North Village. Mr. Bombara seconded the motion. Vote: All-Aye.

7:40 PM CASE #2017-07 PUBLIC HEARING: DONALD FARINEAU, 294 Northwest Main Street.
Mr. Heney opened the public hearing. Mr. Heney stated that a special permit is needed, not a variance, however the hearing was advertised for only a variance. The hearing will need to be re-advertised; the Town will absorb that expense. Town Counsel will be consulted. Mr. Heney asked that a house plan be submitted.
Ms. Holmes made a motion to continue case #2017-07, Donald Farineau, 294 Northwest Main Street to November 8, 2017 at 7:15 PM. Mr. Tusino seconded the motion. Vote: All-Aye.

7:45 PM CASE #2017-08 PUBLIC HEARING: ROBERT PARENT & CAROLE DOLAN, 12 Roslyn Road.
Mr. Heney opened the public hearing. Again, Mr. Heney stated that a special permit is needed, not avariance, however the hearing was advertised for only a variance. The applicant plans to raze a structure on a pre-existing, non-conforming lot and replace it with a larger structure. The hearing will need to be re-advertised; the Town will absorb that expense. Town Counsel will be consulted.
Mr. Parent stated that they have combined the two lots, each of which is 5,000 sq. ft.
Ms. Holmes made a motion to continue case #2017-08, Robert Parent and Carole Dolan, 12 Roslyn Road to November 8, 2017 at 7:30 PM. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.

8:00 PM CASE #2017-09 PUBLIC HEARING: RICHARD E. KLOTZ, 185 Yew Street.
Mr. Heney opened the public hearing. The Planning Board had no objection to the request for a variance. Mr. Klotz joined the meeting. He stated that his in-laws bought the property in the 1980’s and transferred the property to Mr. Klotz and his wife a few years ago. Mr. Klotz would like to sell the lot as a buildable lot, and he is requesting an extension of the grandfathering. The grandfathering ended in 2004, per State law and the grace period ended in 2009. A discussion was held.
David Mort, 217 Southeast Main Street stated that he is the prospective purchaser of the property. He would like to build a home on the lot.
Larry Lench, Building Inspector clarified Mr. Tusino’s sentiment that it would not be a detriment to the neighborhood to grant the grandfathering because the abutting lots are all similar in size. Mr. Bombara was in agreement. A discussion was held.
The ZBA would like to consult Town Counsel as to the extent of their authority to extend a grandfathering clause.
Mr. Bombara made a motion to continue the public hearing for case #2017-09, Richard E. Klotz, 185 Yew Street to November 8, 2017 at 7:45 PM. Ms. Holmes seconded the motion. Vote: All-Aye.

DISCUSSION:
1. ZBA Regulations Governing Fees and Fee Schedules/ZBA Rules & Regulations. Mr. Cundiff presented a draft document regarding fees that allows the Town to recover costs that the Town may occur while reviewing complicated applications. He carried the $150 fee and the $7 fee per certified abutter. Mr. Cundiff suggested that the three documents be amended to be one continuous document. The ZBA was in agreement. Mr. Cundiff will have that continuous document for the next meeting. The ZBA will next need to schedule a public hearing.
2. MINUTES: May 3, August 9 & September 13, 2017.
Mr. Bombara made a motion to approve the May 3, 2017 minutes of the ZBA meeting as presented. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.
Mr. Bombara made a motion to approve the August 9, 2017 minutes of the ZBA meeting as presented. Mr. Fitzpatrick seconded the motion. Vote: All-Aye.
Ms. Holmes made a motion to approve the September 13, 2017 minutes of the ZBA meeting as presented. Mr. Fitzpatrick seconded the motion. Vote: Aye-4, Mr. Bombara abstained.

8:19 PM ADJOURNMENT:
Mr. Bombara made a motion to adjourn the ZBA meeting at 8:19 PM. Ms. Holmes seconded the motion. Vote: All-Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 489
Joined: Thu Jan 12, 2012 8:56 pm

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