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ZONING BOARD OF APPEALS MINUTES 12/02/2010



Minutes of Meeting

December 2, 2010




In attendance: AP, MC, PD, JD, JS, SF and DJ
LR
(Absent PH)

7:00 PM

New – 100 Suffolk Street – Special Permit
        William & Maria Gallant

Sitting In:  AP, MC, JS, AP, PD and JD

The applicants, their representative and their contractor were in attendance.  Don Hardy (DH) explained their situation as they were in need of this special permit for an addition
due to the family’s need to care for Mr. Gallant. The single-family home was constructed in 1955, is a non-conforming structure having 41.35 feet of frontage and does not meet the required 150 feet of frontage for single and two family dwellings.  It is on an 81, 290 square foot lot, which does exceed the 80,000 square foot requirements.  The proposed addition does meet the current setback requirements.  DH stated he believes that this alteration of a single family home into a two family home will not be substantially more detrimental to the neighborhood than the existing non-conforming use. The board reviewed and discussed section 2310 (Non-conforming uses and structures – change, extension or alterations) in detail.   The board members questioned if it was a change of use, whether or not it was more substantially detrimental to the neighborhood than the current existing non-conforming use.  The board did see that there were many other multi-family homes in the area.  AP asked for audience questions or concerns and there were none.  A motion was made to close the hearing.

JD motion to close.
MC second.

JS stated if the board felt like they needed to seek advice from Town Counsel that might be a suggestion.  PD stated they had all the information they needed and it was a matter or how each board member interprets this bylaw.  

JS motion to grant the special permit as requested.
MC second.

In favor:  AP, PD, JS and MC
Opposed:  JD

AP stated the Special Permit to allow for an alteration has been granted and that there would be a 20 day appeal period from the day it is given to the Town Clerk.


Continuation – Highridge Road

Tim Jones was in attendance for his continuance.  AP read an email from Town Counsel (dated 12/2) suggested allowing Tim Jones to extend his time for a few months to complete his modifications to the subdivision allowing him to develop a few extra lots, generating the revenue that is owed to the town under the special permit conditions.  The board asked Mr. Jones for a general time line of events so they could follow his progress.  He did present this in writing to the board. He stated he is waiting on the plans from his engineer which is time consuming.  The only 2 lots that are involved were lots 27 & 28.  Stuart Leclaire, Building Commissioner was in attendance and stated that he is kept informed of this applicant’s progress by Town Counsel.  Mr. Jones asked for an extension of time until May 5, 2011 at 7:00 PM.

AP motioned to allow the request.
JS second.

The board voted all in favor to allow for the continuation as requested.

Remand - Assessors Map 64/Lot 212 – South Center Realty

The request for a continuance was read by JS.  The applicant is requesting a continuance to January 6, 2011.  

AP motion to continue as requested.
JS second.

All in favor to continue the hearing to January 6, 2011.


Adjourned at 9:00 PM.





Approved 2/3/11