Holland Zoning Board of Appeals
Meeting Minutes
Date: February 29, 2016
Present: Don Beal, Acting Chairman
Ron Seaburg, Secretary
Tom Kenney, Chairman
Rick Lundin, Associate
10:00 AM Acting Chairman Donald Beal called the meeting to order.
A Special Meeting was called to discuss and set policy concerning the circumstances for requiring assessing another fee if the applicant should have to refile. At present, the ZBA Board consists of four members, one of whom was on vacation during the processing of an application for a Special Permit by Donald Laing of 35 Craig Road. Mr. Laing sent the Board a letter saying he was unable to attend the continuance set for February 23, 2016, and would not send a representative to attend the meeting in his place. At the time of this meeting, ZBA member Rick Lundin said he would have to leave the ZBA because he was required to start his new position as Zoning Enforcement Officer on March 1, 2016. Because he would no longer be on the board after that time, and Mr. Tom Kenney was on vacation for the month of February, the
Board would violate Massachusetts State Zoning regulations which require all members voting on a decision to attend all meetings and site reviews connected with the application for a Special Permit.
Because of this, it appeared Mr. Laing would have to re-apply for a Special Permit and the whole process would start again. The question before the Board was whether he should have to pay an additional $125 fee to re-apply, and to set requirements for future situations like this one.
At the meeting, Mr. Lundin stated he had talked with the Chairperson of the Holland Select Board who said he should not start his new job as Zoning Enforcement Officer until the Laing case had been resolved. At the site review held on February 12th, the Board observed the structure Mr. Laing proposed to build was possibly too close to the setback line on the street side of the property. The Board suggested a survey be done to establish just where the property line was on the street side before it could make a decision.
At today’s meeting, the ZBA reviewed the case and established there was a lot of time remaining in which Mr. Laing could get this resolved, and since Mr. Lundin was not leaving the Board, the case could be continued without Mr. Laing having to re-apply. Donald Beal was appointed to send him a letter by Certified Mail to inform him his continuance was set for March 8, 2016 at 7:30 PM.
The Board decided to continue to think about what circumstances would require an additional fee, and to resolve the question at a future meeting.
The Board made a motion to adjourn the meeting at 10:30.
Submitted by,
Donald Beal, Acting Chairman
CC: Town Website, ZBA file.
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