ZONING BOARD OF ADJUSTMENT - Minutes January 5, 2010

AGENDA:                  CONTINUED:  3 VARIANCES:  JOHN & CATHERINE MESSINA, Holiday Hills Drive, #110-049
                                    VARIANCE:  CARL W. CARLSON, 225 Hemphill Rd., #215-004
                                    VARIANCE:  JAMES T. McCAFFREY, 25 Silver ShoresRd., #111-033

ATTENDING:            Sandra Heaney (Chairman), Lloyd Belbin, Larry Denton,
                                    Ashley Dolloff, Lorraine Onorato-Sullivan
                                    Alternates:  Alan DeStefano, Sara Shattuck
ABSENT:                   -----
OTHER:                      Michelle Bonsteel (Land Use Officer), Janice DellaCroce (Planning Board), public

The meeting opened at 6:00 pm.  Mr. DeStefano and Ms. Shattuck were asked to sit in for Mr. Denton and Ms. Onorato-Sullivan until they arrive.  Mr. Denton arrived and Ms. Shattuck stepped down.

A letter was read in which Mr. & Mrs. Messina asked to be continued to April 2010.
Ms. Heaney stated that, due to the elapse of time, fees shall have to be paid to re-notify abutters and for a new ad.

A. DeStefano made a MOTION, second by L. Belbin, to CONTINUE THE 3 VARIANCES FOR JOHN & CATHERINE MESSINA TO APRIL 6, 2010.  The motion CARRIED.

Ms. Onorato-Sullivan arrived.

Ms. Laferriere read the application, the list of abutters notified, and where the hearing was advertised.  Ms. Heaney asked if this is a 2 or a 3 story barn.  Mr. Carlson clarified that it is a 2 story.  He explained that originally they planned to have a straight roof and then decided to change it to a Gambrel.  He did not realize that it was 40’ until the Land Use Officer came to him about it.  There is to be a small caretaker apartment in the back.

It was then noted that the building permit is for a straight roof and should be revised.  Ms. Heaney asked if they have a septic permit.  Mr. Carlson stated that, today, the designer is sending the application in to the State.  The barn is up but the peak is not on it yet, he explained.  There were pictures submitted to show that the barn will not obstruct anyone’s view.  The property is surrounded on 3 sides by protected land.  The only building that could be done is on the north end. 

Ms. Heaney asked about side elevations for the barn.  A discussion was held as to whether or not the Board needs these and Mr. DeStefano stated that we have required it for others and should continue to do the same.  Ms. Bonsteel, the Land Use Officer, agreed.  Ms. Heaney stated that side and front elevations/dimensions are needed.

A. DeStefano made a MOTION, second by A. Dolloff, to CONTINUE THE VARIANCE FOR CARL W. CARLSON TO FEB. 2, 2010.  The motion CARRIED.

Ms. Laferriere read the application, abutters that were notified, and where the hearing was advertised.  It was noted that there are no dimensions for the shed either.  Ms. Bonsteel explained that the shed does meet the setback.  This is a difficult case as it is part of a PUD, which is no longer an option as these are now done as condominiums or cluster housing.  A discussion was held as to what is needed and it was determined that they need dimensions of the shed (length, width, & height), of the shed to the lot line, setback, high water mark and other buildings.  Ms. Heaney also mentioned that they shall need to apply to DES.

Mr. DeStefano made a MOTION, second by L. Denton, to CONTINUE THE VARIANCE FOR JAMES T. McCAFFREY TO FEB. 2, 2010.  The motion CARRIED.

The Board discussed having to be consistent and the difficulty of the last case being a PUD.  It was expressed that the Board must determine on a case to case basis as some applicants may present their case better and prove the criteria even though someone else may have a more serious need but does not prove the criteria.  Ms. Bonsteel explained that, in the case of Silver Shores, they have a new Board who are trying to get their complex straightened out. 

Ms. Heaney then explained that, in the Messina case, the Planning Board has asked for a Wetlands/Soil Scientist evaluation and have received an estimate but, as yet, the Messina’s have not determined what they wish to do.  The Planning Board is allowed to request this but the applicants are required to pay for it.

OTHER continued:
Ms. Heaney then explained, for the sake of those who were not at our last meeting, that she is changing the process of hearings.  As the applicant speaks, we should take notes and then when we deliberate, we shall discuss each individual criteria.  Ms. Bonsteel explained that the vote must be done at the end.  She also stated that a decision can be held over until the next meeting, as well.

The following corrections and clarifications were made:

Page 1, 2nd paragraph under Messina, 4th line, replace “mute” with “moot” and in the last line of that paragraph, insert “of the proposed septic leach field” following “125’”.

Page 2, 2nd paragraph, 2nd line, replace “go back to” with “take into consideration”.  Last paragraph, 4th line, following “want” insert “They have to meet all five criteria”.

Page 3, 2nd paragraph, 3rd line from the bottom, delete “in which” and replace with “where he cited his height as hardship.”  Begin a new sentence with “Raising the roof for the shower” and add “might have been acceptable.”  Delete “was okay”.  3rd paragraph, 6th line, following “a case” insert “or are an abutter”.  5th paragraph, 1st line, replace “need to” with “should”.  Replace “about” with “to explain” and replace “judgement” with “justice”.

Mr. DeStefano made a motion, second by L. Denton, to accept the minutes as amended.  The motion carried.

The DES notice for Mary Wright was looked at.  Ms. Heaney read the letter of complaint from James & Sheila McDonough about the Board denying their Variance but accepting others that required more footage.  The Board acknowledged that this is the result of case to case determination as they had previously discussed.  The secretary is to make copies for the Board of the Form Based Code (FBC) that had been received.

As our November meeting will fall on a Voting day, it was determined to change our meeting to November 3rd.  The secretary will make the change with the Admin. Ass’t.

Lorraine Onorato-Sullivan and Lloyd Belbin are up for renewal in March.  Ms. Onorato-Sullivan stated that she does not wish to renew this time.  Mr. Belbin feels that his decision will depend on his health by then.

With no other business, Ms. Dolloff made a motion, second by Mr. DeStefano, to adjourn at 7:15 p.m.

                                                                        Respectfully submitted,
                                                                        Jan Laferriere, secretary