September 6, 2012
Minutes of Meeting
In Attendance: MC, AP, JS, PD, NF and BS
LR
(JD absent)
7:00 PM
MC opened the meeting.
New – 39 Irene Court – Mr. & Mrs. Martin
Sitting In: MC, AP, JS, PD and NF
The applicants are seeking a permit for a family apartment for their daughter so that she can live close by and help them with their health issues. They presented a proposed plan of the addition which shows no variances will be needed. The applicants stated they have lived in the home for 35 years under legal occupancy. They currently have parking for 3 vehicles which will be enlarged to hold 6 when construction is completed. They agreed to meet the Board of Health septic requirements if needed. JS explained that one of the units must be owner occupied and the other must house the stated family member, Heather Thomas Michael. If the family member chooses to move out or the owners sell the property then the Special Permit is no longer valid. The applicants stated
they understood this and also agreed to return in 5 years to renew the permit.
JS motion to close the hearing
PD second.
All in favor to close the hearing.
AP motion to grant the Special Permit as requested.
PD second.
All in favor (5 - ) to grant the Special Permit for a family apartment.
There is a 20 day appeal period and the applicant understood it must be registered at the Registry of Deeds.
New – 8 Main Avenue – June Marino
Special Permit to allow 8 dogs
MC recused himself.
JS took over as Chairman.
Sitting In: AP, JS, PD, NF and BS
The applicant, June Marino, explained she was in attendance to seek permission to keep all of her dogs in her home. She has 1 Labrador who is 10 years old, 2 adult boxers who are parents to the 5 younger (2 years old) boxers. Ms. Marino said she takes all of the dogs out on their leashes 4 to 5 times a day so they get their exercise, their waste is buried in the woods where she walks them and she does not work so she is home all day to care for them. She has 1 acre of land but no fence so she cannot let them run on their own outside. NF questioned the applicant if she would be willing to put a fence. Ms. Marino stated she could not afford one. NF questioned what would happen if major medical expenses with the dogs and Ms. Marino stated she did not know what she would do
in that situation. JS stated there was a lot of care, attention and maintenance for that many dogs on one person. PD read letters from abutters that could not attend the meeting. They all had safety concerns, as did the abutters who were in attendance as they all felt that was too many dogs to have in a family neighborhood without any fencing. The Animal Control Officer, Cindy Souza was in attendance. She stated that she has not really had any official complaints but has helped the applicant catch her dogs at different times when they did run away. She felt that it was a hardship for one person to care for 8 dogs, physically or financially. She stated the 5 younger dogs should have been placed before 6 months of age but she would help Ms. Marino find good homes for them. The board felt it was a hardship to the owner and the neighborhood to allow 8 dogs on this property even though they did feel compassionate to the applicant with her attachment to the
animals.
AP motion to close.
PD second.
All in favor to close the hearing.
AP motion to grant the special permit to all 8 dogs on the property.
JS second the motion.
Discussion:
The board discussed if there would be a time frame to remove the animals. They agreed that if it was not approved they would have to be removed right away as the Animal Control Officer and Nancy Fisk, Board Member agreed to help find homes for the dogs.
Voting in Favor:
None
Voting against:
AP, JS, PD, NF and BS
The Special Permit is denied. There is a 20-day appeal period.
New – 53 – 55 Highridge Road – Variance Request for less than 10 lots in a major residential development – Timothy Jones
Sitting In: MC, AP, JS, PD and BS
The applicant explained that in order to keep in continuity with the subdivision he is seeking a variance to allow only 5 lots where the bylaw states a cluster subdivision requires 10 lots. Mr. Jones stated he had to apply for this variance in order to continue with the Planning Board process. He presented a subdivision plan. If he gets this variance he will then take it to the Planning Board. The board questioned what he would do with the open space. Mr. Jones said it would be donated to Conservation. They asked if Town Counsel had been kept informed of the steps with this project. Mr. Jones stated that he has been aware of all going on. JS suggested the board seek clarification from Town Counsel. There were abutters in attendance asking for clarification as to the
process and reasons a variance like this could be granted. The board explained the process and how if they feel the applicant meets the criteria set for the in the bylaw then it can be granted. Mr. Narducci, a direct abutter questions why he is allowed to change his plan after he already has 2 accepted lots. He felt it would have negative effects on the town and neighborhood. The board explained that he would still have to follow all the specifications required from each department. Mr. Bennett of 43 Highridge Road questioned the first application and why he wasn’t aware of that application. The board explained that was a separate issue regarding denial of building permits and he (the abutter) should have been notified of the hearing when it began. The board felt they would like to have input from Town Counsel. Mr. Jones requested a continuance to October 4, 2012.
AP motion to continue to October 4, 2012 as requested.
PD second.
All in favor to continue.
Other Business:
Minutes
June 7, 2012 – approved
July 5, 2012 – approved
August 2, 2012 – on hold until 10/4/12
Board Member Reorganization – on hold until all members in attendance
Meeting adjourned at 9:00 PM
Approved 10/4/2012
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