TOWN OF
ZONING BOARD OF APPEALS
MEETING MINUTES OF
MEETING HELD IN TOWN
Members Present: Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard.
Members Absent: None.
Others Present: Russ Braun (Building Commissioner), Maxine Notaro (Permit Coordinator) and Ellen C. Battaglini (Recording Secretary).
Chair Patrick Eleey called
the Work Session to order at
PENDING
DECISIONS:
Patrick
Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on
the case. Patrick Eleey read the decision. Amy Germain moved to approve the language as written, Robert Littlefield
seconded and it was so voted, 5-0.
MINUTES: August 7, 2008 – Anne Howard moved to approve the language as written, Amy Germain
seconded and it was so voted, 4-0-1
(Elisabeth Verde abstaining).
Moraitis –
The
Board discussed changing the date that had originally been set for the
applicant to remove the deck. Patrick
Eleey moved to change the date for the removal of the deck at the property
located at
Patrick
Eleey adjourned the Work Session at
PUBLIC HEARING
Patrick
Eleey called the Public Hearing to order at
The
applicants seek a Special Permit under Article 4, Section 4170 2. (a) of the
Zoning By-Laws for a change in use from commercial to mixed use. Attorney
Lester J. Murphy, representing the applicants appeared to request a withdrawal
of the case without prejudice.
Patrick Eleey moved to grant the request to
withdraw Case #2008-45 without prejudice, Anne Howard seconded and it was so
voted, 5-0.
The
applicant seeks a Special Permit under Article 3, Section 3340E of the Zoning
By-Laws for a deviation in building scale for the construction of an addition
exceeding the allowable scale. Patrick Eleey, Elisabeth Verde, Robert
Littlefield, Amy Germain and Anne Howard sat on the case.
Presentation:
Mark P. Kinnane and Jerry Albright appeared
to present the application. The applicant has already been issued a building
permit for the project and had started to clear the site and dig a foundation
when it came to the attention of the Assessor’s Office that the scale
calculations hadn’t been done. However,
The applicant seeks to build
two additions. One, on the left side of the house, will project out 13’ and be
two stories in height, matching the ridgeline on the existing house. The
second, on the right side of the house, will be a small bump-out with a
staircase to access the second floor. The screened porch on the rear of the
building will also be increased.
The neighborhood average
scale calculation, per the Assessor’s Office, is 109.6 scale units, which would
allow the applicant to reach a total of
136.32 s.u. without seeking relief. The proposed scale is 156 s.u.
However, Mr. Kinnane alleges that the scale calculations of the Assessor’s
Office are out-of-date and incorrect. And, according to his calculations, the
neighborhood average should be 119.62 s.u., which would allow the applicant to
reach a scale of 149.7 s.u. without seeking relief. Thus, Mr. Kinnane thus
argues that the proposed scale is only slightly higher than his calculated
neighborhood average.
Public Comment:
Steven DeRose, an abutter had a question about the height of a retaining wall.
There were no letters in the file.
Board Discussion: The Board questioned Mr. Kinnane and Mr. Albright.
After Board discussion, the applicant requested a continuance in order to
challenge the scale calculations of the Assessor’s Office.
Patrick Eleey moved to accept the request for a continuance until the
September 18, 2008 hearing, Elisabeth Verde seconded and it was so voted, 5-0.
The
Board briefly discussed the scale by-law.
The next meeting will be on
ADJOURNMENT:
Amy Germain moved to adjourn at
Respectfully submitted,
Ellen C. Battaglini
These minutes were approved by a vote of the Zoning Board of
Appeals at their meeting on
_______________________________________________
Zoning Board of
Appeals Signature