December 6, 2012
Minutes of Meeting
In attendance: JD, AP, JS, PD, MarioC, BS, NF and MaryC
LR
7:00 PM
Continuance – 53-55 Highridge Road – Timothy Jones
Appeal of Building Inspector Decision
Sitting in – PD, AP, JS, MarioC and BS
The applicant would like to ask for a continuance until January 3, 2013 at 7:00 PM.
AP motion to grant the request for a continuance.
MarioC second.
All in favor to grant the continuance to January 3, 2013 at 7:00 PM.
Continuance – 53 – 55 Highridge Road – Timothy Jones
Variance Request for less than 10 lots in Major Res. Development
Sitting In: MarioC, AP, JS, PD and BS
The applicant would like to ask for a continuance until January 3, 2013 at 7:00 PM.
AP motion to grant the request for a continuance.
MarioC second.
All in favor to grant the continuance to January 3, 2013 at 7:00 PM.
JD explained that the next 2 hearings will be combined together and heard as one.
Continuance – 341 Pulaski Blvd. – Ronald Lussier
Appeal of Building Permit
New - Appeal of Class II License, fencing and town ordinance
Sitting IN: JD, AP, PD, JS and NF
Attorney Gail Balser stated she would be representing the applicant, Mr. Ronald Lussier. Their first issue for discussion is the Building Permit question. She stated the fence was not on the owner’s property. It is 7 feet into the right of way and 10 feet into the rear abutter’s property. It effects snowplowing and many safety issues. It also states on the Inspectional Services Fee Schedule that a fence must drop to 4 feet within 10 feet of the street and she states this is not the case and it must be moved to comply. The next issue is the site plan. There was a change in the site plan. There were 3 driveways, 2 comply and 1 has poles erected in it. This is a non-conforming issue so when the fence is put up and it is blocking the driveways
it creates more of a non-conforming situation. You cannot have a one way curb cut. This should have been put before the Planning Board and not the Town Planner. We also feel that the Board of Selectmen may have the jurisdiction to approve licensing for cars but not the approval of a development plan. Selectmen Mr. Mayhew stated that when the applicant came before the BOS there was a 4 to 1 vote. He was the 1 vote that was in favor of allowing the business but not the fence. The blocking of 3 driveways is a substantial change. The Planning Board, Safety Officer and Building Official should have conferred before this Building Permit was issued. There is only that one way in and out now and by law you need a 30 foot unobstructed area. Mr. Lussier stated he did meet the Safety Officer on site but he (safety officer) was not interested in listening to him and only took into consideration what he was told by Town Counsel. (Officer Rolls is
not present for comments)There were no questions from the public. Jay Talerman, Town Counsel was in attendance but stated he had not looked over the new information and when he did he would discuss it with the Town Planner. The board stated they had heard new information and had issues to consider: should the fence be moved? Who has control over the 2 driveways on Arthur Street and must they remain open? Stuart LeClaire, Building Commissioner stated he would look at the property again with the Safety Officer and stated when the building application is submitted the survey plan is attached and that is what is used to approve the permit to go forward. The applicant requested a continuance to the next meeting in January.
AP motion to continue to January 3, 2013 at 7:00 PM.
JS second.
All in favor to continue as requested.
New – 870 South Main Street – Mr. and Mrs. Chimeno
Special Permit for mixed use
Attorney Bill Sacks would be representing The Chimeno’s . He stated they were the owners of a business that was always a mixed use in the past of office space and a furniture store. They recently purchased this property where they are using it for their own small engine repair business and they moved into the 2 family home. They would like to have a lunch counter for their customers while they wait for their repairs. They would also be using another section for a thrift store. Stuart LeClaire stated that the Fire Department did their inspection and all firewalls are up to code. Mr. Chimeno stated they would not be doing any structural changes, just cosmetic. Jay Talerman, Town Counsel stated that section 2570 is for a variance request and for a principal
building. It is not for a special permit request. A retail shop is allowed in B-1, they have the acreage for a 2 family house and they would be adding 2 accessory uses. It appears that they are all set. They do not need anything from the ZBA. The applicants requested to withdraw without prejudice.
PD motion to allow applicant to withdraw without prejudice.
AP second.
All in favor to allow applicants to withdraw.
Continuance – 579 Pulaski Blvd. – Comprehensive Permit MGL 40B
Taft Estates, LLC. Timothy Jones
Paul Cusson, representative for applicant stated that in the past month they requested feedback from other departments, are seeking a firm for the peer review, and submitting a new plan to the firm that is chosen. There has been one minor change in the plan which was a wetland being re-flagged (Revision date is 11/15/12). The BOS asked to see the master bedrooms downstairs on the plans (see tab 6). PB suggested 2 peer review groups: Tom Houston of Professional Services Group or Beta Engineering. The ZBA must vote on which one to choose. We have been corresponding with the Conservation Commission regarding the Permit Extension Act. They would like it reflagged. We have been working with the DPW discussing a loop road, studies have been done. Jay Talerman, Town Counsel
stated that the next step is that the ZBA must vote on the peer review company. The PB has suggested 2, both can do all aspects. We will get the proposal and Tim Jones will have the deposit to hire. You should choose one ZBA Member for a liaison and I will also be involved.
AP motion to choose Thomas Houston of Professional Services Group to do the peer review.
JS second.
All in favor.
PD motion to choose Chairman James Dunlea to be the liaison for this project and work alongside Town Counsel Jay Talerman.
JS second.
All in favor.
The applicant requested a continuation to February 7, 2013 at 7:00 PM.
JS motion to grant the continuance as requested.
AP second.
All in favor to continue to February 7, 2013 at 7:00 PM.
Meeting adjourned at 10:00 p.m.
Approved 2/7/2013
| 
