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Zoning Board Meeting Minutes 11/03/2011
Minutes of Meeting
November 3, 2011


In attendance:  MC, JD, AP, JS, PD, SF, DJ and BS

7:00 PM

MC opened the meeting.

Renewal – 45 Deer Run Road
Sitting In – MC, JD, AP, JS and PD

Denise Maillet was in attendance to seek a renewal for her family apartment which was issued in 2006.  She stated everything has stayed exactly the same.  Her mother is still occupying the apartment.  She stated she understood that she must bring the decision to the registry of deeds and she would need to return in 5 years.  Mr. and Mrs. Maillet will continue to occupy the home and Joan Will will continue to occupy the apartment.

AP motion to approve the renewal as requested.
JS second.

All in favor to accept the special permit for renewal of the family apartment.

Continuation – 53/55 Highridge Road – Timothy Jones
Appeal of the Building Inspector

Sitting In:  PD, AP, JS and MC and SF

Mr. Jones was in attendance.  He presented a new plan showing changes that have been made.  Attorney Talerman was in attendance and stated that Mr. Jones is making progress and felt it was fine to agree to a continuation/extension for 4 months.  Stuart LeClaire, Building Commissioner, could lift the cease and desist and issue a new building permit after he pays his monies.  Mr. Jones said the bank is aware of this and will finance the project.  The board discussed how long of a time frame to continue the hearing.  AP suggested March 2012 as being an appropriate time frame.

AP motion to continue to March 1, 2012.
JS second.

All in favor to continue to March 1, 2012.

Continuation – 12 Cranberry Meadow Road
Sitting In:  MC, JD, AP, JS and PD

Carrie Barrett was in attendance and presented a new plot plan. The board reviewed the plan.  JS noted that it is showing a 20’ setback where a suburban zone requires a 30’ setback.  Ms. Barrett stated it is a private way and it was never surveyed.  JS stated that the plan is a certified stamped plan showing the road and addition. Ms. Barrett stated her lot went 13 feet into the road.  JS stated that the board must go by what is presented to them and if she has additional property the plan isn’t showing it and that is an issued for her to straighten out.  The board discussed exactly what the applicant was asking for.  Aside from the setback issue there is an expansion of a grandfathered use which would be a special permit under section 2310.  There is an existing kennel on the property, which is a grandfathered use and the applicant wants to expand it.  This requires a special permit.  The applicant stated she felt that it was not expanding as it was the same play area, just for parking the van that transports the animals.  The amount of creatures would not be changing.  The second story would be for storage.  The board explained that this was a complicated proposal.  There are use and setback questions and a possible new application.  Attorney Talerman suggested to the applicant to look at an expansion of use (section 2300) and a possible new variance (dimensional), which would be section 1322.  The board suggested Ms. Barrett seek some professional advice to assist her with the correct request for this project.  Ms. Barrett asked for a continuance to December 1, 2011.  

AP motioned to continue the hearing to December 1, 2011 at 7:00 PM as requested.
JS second.

All in favor to continue to December 1, 2011.

New – 26 Kathy Drive – Mr. Montville

MC read the request from the applicant to continue his hearing to December 1, 2011 as he was out of town.  

AP motion to continue this hearing to December 1, 2011 as requested.
JS second.

All in favor to continue to December 1, 2011 at 7:00 PM

Other Business:

40B Rules and Regulations

Attorney Talerman presented the board with a set of rules and regulations in regards to 40B projects. He explained that it sets a template for different steps along the way.  The board discussed the benefits of having this in place.  If it is not in place then the state has more control.  It is a benefit to the town to adopt the regulations.

AP motion to adopt the comprehensive 40B rules and regulations.
JS second.

All board members in favor of adopting the 40B rules and regulations.  

In favor:
MC, JS, AP, PD, SF, DJ and BS

Abstaining:
JD

Update of Varney Brothers Special Permit -Earth Removal
       The board asked LR to request an update on where Varney Brothers was with their earth removal.  They replied by fax that they have not removed any materials from their sites since the engineering work began.  AP requested to have LR get the original documents for the ZBA files.  LR stated she would.

Minutes
        October 6, 2011
AP motion to accept the minutes as amended.
PD second.

All in favor to accept the minutes.

Meeting adjourned 8:30 PM








Approved 12/1/2011