ZONING BOARD OF ADJUSTMENT
May 4th, 2010
ATTENDING: - Alan DeStefano-Chair, Ashley Dolloff, Larry Denton, Lorraine Bohmiller. Sandra Heaney
ABSENT: Sara Shattuck (alternate)
OTHER: Michelle Bonsteel, Land Use Officer and acting Recording Secretary, Janice DellaCroce (Planning Board), Jan Laferriere.
The Chair called the meeting to order at 6:00 PM. The Chair opted to hold approval of the minutes until the end of the meeting.
The first item on the agenda was a REQUEST FOR REHEARING: received on March 31st, 2010 from William Philpot, Esq., the attorney, representing Dr. Carl W. Carlson with regard to the denial of a variance to permit the construction of a detached barn (currently under construction), containing a two bedroom apartment, having a building height in excess of 35’ contrary to Article IV Section 4.4, BUILDING HEIGHT. Average estimated height of the building is approximately 42’ tall. The variance was denied on March 2nd, 2010.
Dr. Carlson and his representative were not present. It was agreed to hold the matter until later in the evening.
The second item on the agenda was #09VAR18, #09VAR19, #09VAR20: John and Catherine Messina, Holiday Hills Drive, Map 110 Lot 049; requests three (3) VARIANCES to erect a single family residence on a nonconforming lot located in the “L” Lake District. (1.) Article IV, Section 4.12.A.3.a., to construct a single family residence on a nonconforming lot contiguous to another nonconforming lot under the same ownership. (2.) Article III, Section 3.3.F., to construct a single family residence on a lot not having the required minimum lot area or lot frontage. (3.) Article IX, 9.8.A., to construct a leaching field for a private septic system within 125’ of a wetland.
Mr. and Mrs. Messina were present. Deb Hinds was not. It was noted that the variances were re-noticed to all abutters by certified mail and re-advertised in the Record Enterprise on April 21st, 2010, due to the length of time between hearings.
Mr. Messina stated that he had a meeting with DES on Thursday. Mr. Messina reiterated the history of the application and that he had hired a professional to represent him before the boards and DES because of the presence of wetlands on and around the property.
Mr. Messina was asked if he or is agent had appeared before the Conservation Commission (CC). He replied in the negative and was unsure when the meeting was to take place. Mr. Messina stated that Ms. Hinds was to appear before the CC with her septic design.
A question arose as to whether or not the ZBA could entertain the application as the Planning Board had not yet rendered their decision. The Chair stated that it could not.
Ms. Heaney made a motion to continue the hearing to the June 1st meeting of the board. Mr. Denton seconded. All aye.
The third item was #10VAR5: Peter Vannah, 975 West Shore Road, Map 101 Lot 002.3; requests a VARIANCE from Article IV Section 4.12.C.3.a., to construct a one story addition to the rear of the existing residence situated on a nonconforming lot located in the “L”, Lake District. The addition meets all other area setbacks.
Mr. and Mrs. Vannah were present, as was their abutter, Mark Sullivan.
Ms. Heaney questioned the information provided, as to how many lots were involved. Mr. Vannah stated that there were three separate lots.
Ms. Heaney questioned the calculations for lot coverage, as they appeared to be low. The Chair cautioned the applicant that if the lot coverage exceeded the allowable lot coverage under zoning, another variance would be required. As the information provided included all three units on one lot, the applicant was requested to provide the exact square footage of the property and the exact square footage of the footprint(s) of any building on the property with the calculation for lot coverage.
Ms. Heaney made a motion to continue the hearing pending the receipt of the calculations to June 1st, 2010. Ms. Bohmiller seconded. All aye.
The fourth item on the agenda was #10SP6: Richard S. Bacon, PE, representing Paul and Tami Zareas, 77 Ravine Drive, Map 111 Lot 84 (001-008); requests a SPECIAL EXCEPTION under Article III Section 3.2.F to permit a restaurant use in the “L”, Lake District.
Mr. and Mrs. Zareas and their agent, Richard Bacon, PE, were present. Mr. Bacon explained that a condominium development was approved for the site. The application for the Special Exception was to permit reverting the property back to the original use and configuration. It was determined by the board that the application was complete.
It was stated that the restaurant would be open approximately 180 days per year. The cabins were noted to be in poor condition. There are no plans at this time to rent them out. One cabin was demolished.
Mr. Bacon read from the narrative that was submitted to the board. He noted that Ravine is a private road and that the restaurant would only be open 3-4 months per year; less than the original restaurant. He also noted that the site will meet all necessary criteria under zoning.
The Chair asked if there was anyone present, for or against, the application. There were none.
Discussion on history of property and Special Exception vs. variance.
The Chair asked if there were any plans to enlarge the building or deck. Mr. Bacon stated there was not.
The public hearing was closed and the board deliberated the five criteria.
Ms. Heaney made a motion to approve the Special Exception. Ms. Dolloff seconded. All aye.
The fifth item on the agenda was #10VAR7: Daniel Wilcox and Audrey McKinney, 55 Lake Street, Map 113 Lot 021; requests a VARIANCE from Article III, Section 3.3A to permit the construction of a portion of a farmer’s porch within the required 20’ front yard setback in the VC, Village Commercial District.
Mr. Wilcox and Ms. McKinney were present. The board was not satisfied with the materials presented as they lacked dimensions of the new roof lines from both sides.
It was noted that a permit from DES would not be required as the footings were poured and in place before the new guidelines for the shore land protection were passed and there would be no new disturbance.
The applicants were requested to provide the missing elevation from the Lake Street side.
Ms. Dolloff made a motion to continue the hearing to June 1st. Mr. Denton seconded. All aye.
The Chair returned to the REQUEST FOR REHEARING: received on March 31st, 2010 from William Philpot, Esq., the attorney, representing Dr. Carl W. Carlson with regard to the denial of a variance to permit the construction of a detached barn (currently under construction), containing a two bedroom apartment, having a building height in excess of 35’ contrary to Article IV Section 4.4, BUILDING HEIGHT. Average estimated height of the building is approximately 42’ tall. The variance was denied on March 2nd, 2010. Dr. Carlson and his agent did not appear. The board decided at 6:55 PM to hear the request in absentia.
The Land Use Officer noted that Dr. Carlson was not the owner of the property, yet had authorized Attorney Philpot to represent the application. Ms. Bonsteel stated that she would notify Mr. Philpot to provide new authorization from the actual property owner and seek the town’s attorney’s opinion on the matter.
Ms. Heaney, who was the Chair during the original proceeding, assumed the role for this application.
Ms. Heaney recommended that the board grant the rehearing.
Mr. DeStefano made a motion to grant the rehearing with the conditions that the applicant provide an engineered plan with all dimensions of the structure, including height and that the applicant file a new application and pay all fees for the next qualifying agenda. Ms. Dolloff seconded. All aye.
Mr. DeStefano resumed as Chair.
APPROVAL OF MINUTES: April 6th, 2010.
The following amendments to the minutes were recommended:
· Page 1, last ¶; insert “view”.
· Page 2, ¶ 3; delete “strees” insert “stress”.
· Page 2, ¶ 5; delete “road”, insert “drive”.
Ms. Heaney made the motion to accept the minutes as corrected. Ms. Bohmiller
seconded. All aye.
Any other business to come before the board: Ms. Heaney asked for clarification regarding the meeting procedures as outlined by the Chair at the beginning of the meeting. Ms. Heaney was not clear as to whether or not a board member was permitted to ask the applicants questions without going through the Chair. The Chair stated that applicants and abutters must direct their comments to the Chair. Board members may ask directly for clarification or other information.
Discussion on volunteerism.
Ms. Heaney made the motion to adjourn at approximately 7:15 PM. Ms. Dolloff seconded. All aye.