Minutes to Public Hearing

ZONING BOARD OF APPEALS MINUTES TO PUBLIC HEARING July 16, 2009

The meeting was called to order at 7:34 pm

Present: Mr. Colin Haire – Chairperson Mr. Dan Heney – Clerk Mr. Joseph Fitzpatrick

Case No. 2009-06 – Joseph Bylinski, 103 Shore Road (Constructive Grant):

Mr. Haire made a motion that in light of the constructive grant and appeal, the Board takes no further action and has closed the public hearing, Mr. Heney seconds, all in favor.

Case No. 2009-11 – Mark and Teddianne Parent, 67 Northwest Main Street:

Mr. Haire opened the Public Hearing by reading the notice. Applicant is requesting a Variance from the requirements of Section 4.1.3 of the Bylaws to build a 30’ x 20’ addition, which will lack the required side yard setback for property located in an R/A Zoned District.

Planning Board had no objection to the applicants’ request.

Correspondence from John & Sandra Stolarczyk stated that they did not think that the property had a 25’ rear yard setting and the plot plan was not accurate.

Applicants presented the following to the Board: - 27’ rear yard setback - In-law apartment for parents because of health issues - Septic is to the rear and left of existing dwelling - Well is located in the front of the property

Applicant’s submitted a floor plan for the proposed addition.

Board members reviewed the submitted information. Mr. Haire asked if there were any questions or concerns from the floor.

Pam Holmes asked if the addition was attached to the existing dwelling.

Applicant stated yes.

No further questions from the floor and no further questions from the Board. Mr. Fitzpatrick made a motion to close the public hearing, Mr. Heney seconds, all in favor.

Mr. Heney made a motion to approve the applicant’s request for a Variance with the following conditions: - As built foundation certification to be provided - Foundation of new construction to be no closer than 18’ from the side yard boundary.

Mr. Fitzpatrick seconds, all in favor.

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

Applicant submitted correspondence which stated, “Due to the unprecedented delay by the Board of Selectmen in deciding upon reappointments to the Zoning Board of Appeals and Conservation Commission, the applicant, North Brown LLC, is compelled to request that the hearing before your board, scheduled for July 16, 2009, be continued to your scheduled meeting on August 20, 2009.”

Correspondence further stated that the applicant has agreed to extend the time to close the public hearing to August 31, 2009.

Board members agreed to continue this hearing to August 20, 2009 at 8:00 pm.

Recess

Resume 8:45 pm

Case No. 2009-09, Suzanne Lussier, Maple Street (Constructive Grant)

Applicant submitted a request for an extension.

Mr. Haire stated that there was approval by a constructive grant; this Board takes no further action, no longer under the jurisdiction of this Board.

Mr. Fitzpatrick made a motion to close the public hearing stating the above, Mr. Heney seconds, all in favor.

Case No. 2009-12 – Laurie Tomko, 15 Franklin Street

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

Applicant is requesting a Special Permit pursuant to Section 3.2.1 #4 of the Bylaws for a home occupation (dog grooming business) on property located in an R/A Zoned District. Planning Board had no objection to the applicant’s request.

Applicant presented to the Board:

- 30 years in the dog grooming business - 10 years home based business in Penn. - No big dogs – no dogs over 40 lbs. - Appt. time only – 1 ½ hours per dog - 15 dogs per week - No boarding - No employees - Ample parking - No retail – service only - Small sign indicating business - 1 dog at a time - Fenced in yard - 3 – 4 days a week – Mon. to Sat. (No Sundays)I - 10 am to 5 pm - All animals to be leashed or restrained by owner - All services provided inside building (garage)

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

Mr. Heney made a motion to close the public hearing, Mr. Fitzpatrick seconds, all in favor.

Mr. Fitzpatrick made a motion to approve the applicant’s request for a Special Permit with the following conditions: - Hours of operation 10am – 5pm. Three to four days a week. No Sundays. - No retail – service only. All services to be provided inside building. - No boarding of animals - No employees - One dog at a time on the premises. – animals to be restrained at all times. - Applicant to have a small sign, as per the sign bylaw

Mr. Heney seconds, all in favor.

Case No. 2009-13 – Cliff VanReed, 5 Church Street and Map 198, Parcels 65 & 66

Applicant has requested a continuance, due to the insufficient number of members on the Board to hear the case.

Mr. Heney has abstained from this case. Mr. Fitzpatrick made a motion to continue to August 20, 2009 at 7:30 pm. Mr. Haire approves.

Discussion

Board members review an application for appointment to the Board submitted by Mr. John Marston. Members are in favor of recommending Mr. Marston’s appointment as an alternate to replace Mr. George Burns.

Mr. Haire would like members to submit recommendation for re-appointment of Mr. Hal Davis as a permanent member of the Board. Mr. Heney feels it should be at the discretion of the Board of Selectmen. Mr. Haire and Mr. Fitzpatrick to submit individual recommendations.

Case No. 2009- 14 – Joe and Karen Arpin, 44 Depot Street

Mr. Haire opened the hearing by reading the notice.

Applicant is requesting a Variance from the requirements of Section 4.1.3 of the Bylaws to construct an 8’ x 12’ shed, which lacks the required side yard setback (required 15’ – actual 8’) and rear yard setback (required 20’ - actual 2’) for property located in a V/R Zoned District.

Planning Board stated that the rear yard setback was too tight. More info. needed as to why this must be.

Applicant presented to the Board: - 8’ x 12’ shed - Embankment in rear of property - Adjacent shed will be 8’ from neighbors - Moving it towards existing dwelling interferes with any access to backyard - Photos of property submitted - Dig out topsoil 1’ of crushed stone - Pressured treated 4x4

No questions or comments from the floor.

Board members to site walk the property.

Mr. Heney made a motion to close the public hearing and schedule a Decision Meeting for 7:30 pm, August 20, 2009, Mr. Fitzpatrick seconds, all in favor.

Case No. 2009- 15 – Gordon Marko, 13 Cottage Colony

Mr. Haire opened the public hearing by reading the notice. Applicant is requesting a Variance from the requirements of Section 3.4.7 of the Bylaws to rebuild a single family dwelling after removing existing trailer and deck from a nonconforming lot on property located in a R/A Zoned District.

Previous variance granted in 2000 expired. Applicant installed well and cleared lot prior to lapse of variance.

Planning Board had no objection to the applicant’s request.

Applicant presented to the Board: - well – holding tank installed - illness prevented applicant from continuing - 2 bedroom w/ 1 car garage - New construction 30’ x 30’ limitation

Adele Reynolds, Building Commissioner stated that the applicant also had an eviction process prior to acting on the previous variance.

Board members stated that they would like a set of plans showing the proposed house on the lot and showing the distance of the lot lines. Also requested was correspondence from BOH stating that the tight tank will support the proposed dwelling.

Mr. Heney made a motion to continue the public hearing to August 20, 2009 at 7:30 pm, Mr. Fitzpatrick seconds, all in favor.

Adjourn 10:03 pm.

Respectfully submitted,

Christine Mitchell, ZBA Secretary