Chairman: William Filsinger
Members Present: William Filsinger, Janet Lombardi, Brad Wyatt
Alternate Members Present: Arlene Murphy, Larry Campo
Members Absent: Rob Cotter
Recorder: Melanie Rich
Mr. Filsinger called the meeting to order at 7:00 p.m.
Mr. Wyatt made a motion to approve the May 11, 2010 Meeting Minutes as amended; Ms. Lombardi seconded the motion. All in favor; none opposed; motion approved.
David & Jeanne Lapan Public Hearing – 367 Mile Hill Road (Application for a Variance) – Mr. Lapan and Ron Aspero were present. Green cards were received and verified. Mr. Lapan stated that he is looking for an 8’ variance from the 20’ side setback as required in the bylaw in order to build a garage. It will be a 1 ½ story garage which will match the character of the house. There are no structures within 20’ of the lot line. The area is wooded and is surrounded by the former town landfill and town property. Mr. Aspero explained that most of the land is unstable and in an isolated area that is subject to flooding. Mr. Lapan provided photos and an explanation for the Members. There will be no disturbance to neighboring
properties. Mr. Aspero provided Conservation Meeting Minutes stating that no additional impact to the resource area would be
created. Mr. Filsinger reminded those present that in order for the Board to grant a variance, all four points listed must be found favorable. The hardship would be that the applicant cannot place the structure on any other part of the property for realistic use due to the topography (wetlands).
The Board made the following findings:
1. Special conditions that affect this land: Wetland restrictions. Because of restrictions with the septic system and wetlands, the only area to put the garage is off of the driveway turnaround. Much of the area where the garage can go was previously an “isolated area subject to flooding”. An order of conditions allowed us to relocate this wet area, but the better soils for construction are closer to the property line. This will minimize a deep excavation for the foundation to get to stable ground.
2. Enforcement of the provisions of the Bylaw would create substantial hardship: Because of restrictions with the septic system and wetlands, the only area to put the garage is off of the driveway turnaround. Much of the area where the garage can go was previously an “isolated area subject to flooding”. An order of conditions allowed us to relocate this wet area, but the better soils for construction are closer to the property line. This will minimize a deep excavation for the foundation to get to stable ground.
3. Relief may be granted without substantial detriment to the public good because the proposed location, being set back from the street some 225’ and adjacent to a wooded lot line, would be nothing less than a pleasant country view as the public looks down the driveway.
4. Relief may be granted without nullifying or substantially derogating from the intent and purpose of the Bylaw because there would be a remaining 12’ of distance from the side lot line. Without structures on the adjacent land, formerly the town dump, the goal to maintain a rural setting will not be affected; the difference of eight feet at this location is not distinguishable.
Mr. Filsinger asked if there were any objections or comments, to which there were none. He then motioned to the close the Public Hearing; Mr. Wyatt seconded. All in favor; none opposed; motion carried. Prior to a vote being taken, Associate Members Arlene Murphy and Larry Campo were present and designated by the chair as full Members in order to act on this matter. Ms. Lombardi made a motion to grant a variance to reduce the size of the side yard setback in order to construct a garage per points of reasons as agreed upon; Mr. Wyatt seconded; Role Call vote taken as follows: Larry Campo Yes; Janet Lombardi Yes, Bradford Wyatt Yes; Arlene Murphy Yes; Bill Filsinger Yes; motion carried.
The meeting was adjourned at 7:45 p.m.
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