Minutes of Meeting
September 3, 2015
In attendance: BS, JD, AP, BW, JJ, And JF
LR
JS absent
7:00
Denis Fraine introduced James Kupfer, the new Town Planner and Compliance Officer. He will be attending future Zoning Meetings and also assist with applications and questions.
BS will be chairing the meeting as JS is absent.
New – 25 Pine Warbler Way – Susan Ryan
Special Permit request for a Family Apartment.
Sitting In: BS, AP, JD, BW and JJ
LR read the legal notice.
All fees have been paid.
David and Susan Ryan were in attendance. Chris Cook (CC), their contractor was in attendance. He (CC) handed out copies of the proposed plan stating they were fully meeting the setback requirements. The Ryan’s have lived in the home for 17 years. He explained the existing office will be a bedroom and they will be deleting a bedroom on the 2nd floor. There will be no need to increase the capacity of the septic system as the number of bedrooms will not be increasing. The current septic design is for 4 bedrooms. There will be a 2 car garage under the Family Apartment and 4 spaces in driveway so the parking requirements can be met. The principal unit will be occupied by the owners, David and Susan Ryan. The proposed unit will be occupied by Susan’s
parents, Janet and William Verzal. This will assist them financially and give them any care that is needed as they age. The applicants stated they understood that they had to return every 5 years to renew the permit. If their parents are to leave they also would have to return to the board for a new family member; rental to outsiders is not allowed. The applicant presented a sketch of the proposed building plans. The board felt they were keeping the design with the character of the neighborhood.
AP motion to close the hearing.
JD second.
All in favor to close the hearing.
AP motion to grant the Special Permit for a Family Apartment as requested on the application.
JD second.
All in favor to grant the Special Permit.
There is a 20-day appeal period. The applicant must return in 5 years to renew it and it is non-transferrable.
New – 16 Governor Avenue – Mr. Latraverse
Special Permit to extend property
Sitting In: BS, AP, JS, BW, JF
LR read the legal notice.
All fees have been paid.
The applicant, Paul Latraverse was in attendance. He explained to the board that he would like the permit to increase the square footage of the residence. The home was neglected for many years and it is in poor condition. He stated he wanted to add 96 square feet to the right rear corner of the home. This would allow a new stairway and 2nd egress to the home, bringing it into compliance with the building code. This will not encroach onto the setbacks. He stated the Assessor’s Office requested he apply for the permit. Mr. Latraverse presented a floor plan and a plot plan. The board felt that this would not be increasing the non-conforming nature. It would bring the home up to current safety standards. It would be an overall benefit to the neighborhood.
AP motion to close the hearing.
JD second.
All in favor to close the hearing.
AP motion to grant the Special Permit as requested.
JD second .
All in favor to grant the Special Permit as requested.
There is a 20-day appeal period.
New – 66 Hartford Avenue – Varney Bros. Sand & Gravel
Special Permit to allow for a change in pre-existing non-conform. use
Sitting In: BS, AP, JD, BW and JJ
LR read legal ad.
The Fees have been paid.
Attorney Joseph Antonellis was in attendance to represent his client, Varney Brothers (VB). He (JA) explained that his client has a purchase and sale agreement with another concrete company. The sale would be on the 24 acres on the north side of Hartford Avenue. VB currently owns 190 acres, mainly zoned Agriculture. Once this sale takes place the south side of Hartford Avenue will no longer be used as a concrete business. JA referred to Section 240-30 “legally pre-existing non-conforming structures and uses” may be changed or altered provided the board finds that such a change will not be substantially more detrimental to the area. He explained that this change will not be more substantially detriment to the neighborhood as this will decrease the amount land that would otherwise be used for the manufacturing
activity. There will be no increase in traffic and the impact on the surrounding neighborhood would be diminished in the overall area of the operation. The proposed purchaser currently operates a manufacturing plant in Sutton, MA and plans to import materials from that plant and maintain storage piles at the Bellingham site. They will use the batch plant and have concrete mixers entering and leaving the site. JA explained it will be the same business but it will be consolidated. All business on the south side will cease and VB will be using the office. BS read a letter from the Conservation Commission stating they (new owners) would be subject to the Wetlands Protection Act. JA stated they were aware of all conservation concerns. The board had questions as to noise, number of trucks and hours of operation. JA explained they would have to be under the same confines as the current VB operation. There is limited parking and it is will be
a satellite office. The operation will be pushed further back. AP suggested limiting the number of trucks to 10. JA explained some trucks come in later than others at the end of the day due to the concrete pour times. JA would find out the existing hours. Abutters were in attendance and questioned the buffer zone on Grove Street, the wetlands and hours of operations. JA explained that VB or the new owner could cut down the trees as that would not be changing the non-conforming use. VB will continue to be an abutter to its own land. JA explained what was being proposed is not more detrimental but less. Once this property returns to the conforming use, it cannot be returned back. It will remain non-conforming until the recording of the deed. It will then revert back to Agriculture. They heard from all parties and took all factors into consideration.
AP motion to close.
JD second.
Discussion:
JD felt this was a benefit putting all that land back to an Agriculture Zone. There is a large buffer area.
All in favor to close.
AP motion the grant the Special Permit as requested with a limit of 10 trucks outside of storage areas, no mining and same hours as the existing business.
JA stated he would find out the hours of the existing business. The town regulates that.
JD second the motion subject to the operating hours. They would have to follow the noise and light bylaw of the town.
All in favor to grant as requested and add the existing operating hours.
JA stated he will work on the decision, add the VB hours of operation and get it to LR for the board to review.
Minutes – August 6, 2015
BS motion to approve.
JD second.
All in favor to approve the minutes as presented.
Meeting Adjourned 8:30 PM
Approved ___/___/___
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