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Zoning Board of Appeals Minutes 01/09/07
FINAL
Present for the Board of Appeals and attending the meeting were:  Bill Rossi, Chair, Peter Knight, Chris Murphy, Rodney Bunker, Barbara Armstrong, and Chuck Hodgkinson.  Also present:  Reid Silva (Nixon) and Tom Pierce (Lochridge).  Absent were Frank LoRusso and Wendy Weldon.  

Mr. Rossi opened the meeting at 7:00 PM and appointed Ms. Armstrong as a voting member on all cases.
MINUTES:  The December 12, 2006 minutes were reviewed.  A motion to approve the minutes as presented was made, seconded and unanimously approved.

TED WHEELER; 7:10 PM:  Article 6, Section 6.6; 142 State Road; Map 33 Lot 18:  Mr. Rossi read a letter from the applicant requesting a continuance to February 13, 2007 @ 7:10 PM.  A motion to accept the request was made, seconded and unanimously approved.

TOM PIERCE FOR RICHARD LOCHRIDGE; 7:40 PM:  Article 6, Section 6.6; 2 Stone Ridge;       Map 25 Lots 130, 131:  Mr. Rossi opened the public hearing at 7:40 PM.  Mr. Pierce summarized the history of how the shed was built several years ago without any permits.  He added that the Building Inspector insisted the shed receive the appropriate permits before he issues a building permit for another construction project.  Mr. Rossi read four letters of consent from abutters.  Two letters were from abutters within 100 feet of the shed – Messrs. Malkin and LoRusso.  Mr. LoRusso’s letter of consent was contingent upon the relocation of the lot line for his roadway “Stone Ridge Road”.  The other two letters of consent were from Messrs. Davies and Koren – even though their lots are not located within 100 feet of the shed.  

After much discussion Mr. Rossi said he was not inclined to grant approval until Mr. LoRusso’s lot line condition is resolved.  There is consent from the other abutters within 100 feet of the shed – as outlined in the by-law.  Mr. Pierce thanked the Board and asked for permission to continue the hearing to February 13, 2007 @ 7:25 PM to allow more time to satisfy Mr. LoRusso’s request.  A motion to continue the hearing to February 13 @ 7:25 PM was made, seconded and unanimously approved.

REID SILVA FOR ROBERT NIXON; 7:55 PM:  Article 6, Section 6.6; Article 4 Section 4.2A3; 86 Beach Plum Lane; Map 21 Lot 79:  Mr. Rossi opened the public hearing at 8:00 PM.  Ms. Armstrong recused herself as an abutter and sat in the audience.  Mr. Rossi explained that a unanimous vote of four in favor would be required of the remaining Board members and gave Mr. Silva the option of holding the hearing tonight or continuing the hearing to February 13th            @ 7:40 PM with a full five voting member Board.  Mr. Silva thanked the Board and requested a continuance to February 13, 2007 @ 7:40 PM.  A motion to accept the request was made seconded and unanimously approved with a vote of four in favor.   

ADMINISTRATION:  The following administrative items were reviewed:
1.      Rosemallow Farm Trust Special Permit Deed Restriction Map 24 Lot 36:  The Board reviewed the Deed restriction and unanimously approved it as proposed.
2.      David Grain Swimming Pool Special Permit landscape plan:  The Board reviewed and unanimously approved the landscape plan as conditioned in the Special Permit.
3.      Dennis Jason Special Permit (Article 6 Section 6.6):  Chuck H. informed the Board that Mr. Jason and the Building Inspector do not think it is necessary to file both a copy of the house elevation design and the certified site plan showing the distance from the lot line.  The Board confirmed that the adopted regulations specify a copy of the approved plans must be filed with the registry of deeds and this has always included the elevations.
4.      The Board approved the draft 2006 Annual Report.

 With no further business to discuss the meeting adjourned at 8:15 PM.
 Respectfully submitted by Chuck Hodgkinson CAS.