Zoning Board of Appeals
December 3, 2015
Minutes of Meeting
In attendance: JS, BW, JD, BS, AP, JJ
Jim Kupfer (JK)
LR
(TD on TV)
(JF absent)
JS opened the meeting.
New – 10 Paine Street – Derrick & Kimberly Scott
Special Permit Request to erect an 8 foot fence
Sitting In: JS, BS, JD, AP and BW
The applicants explained that they are seeking this Special Permit due to the location of their home, it sits high on a hill and they are overlooking a business. They explained they also owned dogs and each movement they hear and see causes them to bark. Mr. Scott provided photos from different views from his home. He is seeking the 8 foot high fence as the permitted 6 foot fence does not provide screening to the business abutting him. The photos show the placement of the fence, 90 feet in length. There were no questions from the public. After hearing from the applicant and viewing the provided photos the board felt they had enough information to make a decision.
AP motion to close.
BS second.
All board in favor to close.
AP motion to grant the Special Permit for the fence as outlined in the application.
BS second.
All in favor to grant as requested. There is a 20-day Appeal period.
New – 21 Governor Avenue – Trevor Gifford
Special Permit Request to allow an auto and truck repair business
Sitting in: JS, JD, AP, BW and BS
Attorney Ambler was in attendance to represent, Mr. Gifford, the Applicant and Mr. DaPrato, the owner. Attorney Ambler stated that his client is operating an auto repair business on this property, entirely indoors. He is in attendance as he was notified that he could not establish a new business at this property without a variance as this has been abandoned the current business could not continue as this type of business as it is an abandoned use. He (Attorney Ambler) spoke with the Town Compliance Officer, Jim Kupfer (JK) and was advised to come before the ZBA. JK stated a variance was required not a Special Permit as what is applied for. JS stated the applicant could amend and re-notice this application. Attorney Ambler wanted to explain why this was not an abandoned use, which would allow
them to continue operating the current business. Attorney Ambler stated this property has been in constant use since 1950 as an auto repair shop. He stated he had 2 affidavits from neighbors stating it has never not been used as a motor vehicle repair shop. It has been advertised for sale as this use since 2011, which he felt is evidence of non-abandonment. Attorney Ambler requested to know how the town concluded it was abandonment. JK stated a new use was going in, a business certificate was requested, it hadn’t been an active business for over 2 years and the DPW restored the water in November 2014 when the current owner bought it. The board stated they wanted to see some evidence of a business operating for all these years: tax receipts, repair invoices or utility bills. The board wanted evidence that operationally it has not been abandoned for 2 years. Attorney Ambler felt he provided that with the neighbors’ affidavits
and the broker listing. He stated the town would have to bring a charge against them. He felt it was an improper petition to ask for. Attorney Ambler withdrew the application without prejudice.
Minutes – November 5, 2015
JS motion to approve as amended.
AP second.
All in favor to accept as amended.
Discussion
Cranes 101
JK spoke with Cranes 101 and Attorney Ambler informed him that his client will not be proceeding with the Special Permit request that the board told him they needed. JK will be discussing the next step with Town Counsel.
Varney Brothers
JK will be setting up a meeting with Varney Brothers so he can get a general sense of their business practices as they are a large landowner. AP had inquired about their Earth Removal Permits. JK stated they are no longer doing the Earth Removal.
Family Apartments
There have been ongoing discussions within the board on Family Apartment Permits in regards to the attachment, the egress placement and the 5 year renewal. JK would be speaking with the Planning Board. They could discuss it at the next ZBA Meeting.
Meeting adjourned at 8:00 PM.
Approved 1/7/2016
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