MONSON ZONING BOARD OF APPEALS
MINUTES AUGUST 27, 2015
MEMBERS PRESENT: David Beaudoin, David Jarvis, Frank Carey, Ronald Fussell, Tere Hrynkiw and Theresa Martin.
MEMBERS ABSENT:
7:30 Frank Carey moved to approve the minutes of May 28, 2015 as presented.
Tere Hrynkiw seconded the motion.
It was so voted.
Voting Aye: David Beaudoin, David Jarvis, Frank Carey, Ronald Fussell and Tere Hrynkiw.
Theresa Martin abstained.
The Board received a written request from Atty. Sarah Miller counsel for Judy Van De Geer 23 Munn Road to withdraw without prejudice a petition from Ms. Van De Geer for a Special Permit as provided by Section 3.1 Table 1 Schedule of Use Regulations, Monson Zoning Bylaws.
The Board received a copy of a legal notice from the Monson Planning Board for a Common Driveway Access at 23 Munn Road, the applicant Judy Van De Geer.
Tere Hrynkiw moved to approve the request.
David Jarvis seconded the motion.
It was so voted.
Voting Aye: David Beaudoin, David Jarvis, Frank Carey, Ronald Fussell and Tere Hrynkiw.
Theresa Martin abstained.
David Beaudoin recused himself to avoid the appearance of a conflict.
7:45 Vice Chairman David Jarvis convened a Public Hearing for a Variance from the requirements of Section 3.1 Table 2 Dimensional & Density Regulations of the Monson Zoning Bylaws for James & Lucinda Nothe 22 May Hill Road. The applicants proposed to add a 3 season room to the rear of their existing home.
The clerk read the legal notice as it appeared in the Republican Newspaper the weeks of August 10, & 17, 2015. Case D- 2015.
Lucinda Nothe made a presentation to be Board stating they wanted to put on a 12’ x 20’ addition to the rear of their existing home. There is an existing deck and that will be removed. The deck will be thirty six (36) feet from the rear lot line, and the Zoning Bylaws requires fifty (50) feet. The addition will have electricity but no plumbing.
David Jarvis stated the plan does not reference the overhang and that would bring the addition two (2) foot closer to the rear line than shown on the plan.
The Board received a letter dated August 26, 2015 from Building Commission/Zoning Enforcement Officer B. J. Church stating the findings the Board must make in order to grant a variance and an explanation that a variance represents a waiver from rules that were adopted by the local legislative body and accordingly it is only in rare instances and under exceptional circumstances that a relaxation of the general restrictions established by the Town ought to be permitted. The letter also pointed out that there is a two (2) foot overhang.
Ron Fussell questioned if the addition was the same size as the existing deck?
Lucinda Nothe stated no.
Ronald Fussell questioned if the existing deck was to be incorporated into the new addition and if the proposed addition was at the same setback as the existing?
David Jarvis stated the applicant is not incorporating the deck into the new building. There is no way to be certain of the setback of the existing deck because no building permit was taken out when the deck was built.
Frank Carey questioned if there was a reason the addition was not going onto the west side of the house?
Lucinda Nothe stated it is the most logical location, there is an existing patio door where the addition is proposed. If it were to be located on the west side of the house the construction of a wall would have to be changed.
David Jarvis stated the plan submitted does not accurately reflect what is proposed.
Lucinda Nothe questioned if the Board was asking for a revised plan showing thirty four (34) feet from the rear property line.
David Jarvis stated the Board could request a revised plan in which case the applicant would need to request a continuation of the public hearing or, the Board could take vote and include a condition that the applicants submit a revised plan showing the correct setback within two weeks of the close of the hearing. He questioned what the Board wanted to do?
Frank Carey stated he read the letter from the Building Commissioner and was having a hard time justifying a hardship financial or otherwise, or that the shape, topography or soil conditions were unique to this property.
Tere Hrynkiw stated she would have no problem voting this evening with the condition that a revised plan is submitted.
Frank Carey stated in the past the Board has required a revised plan before voting on the petition.
Ronald Fussell stated he would prefer not to set a precedent. Additionally he wanted to make a more thorough review of the plans because what was proposed did not appear to be a three season room, it was more of an addition.
Theresa Martin stated she would have no problem voting on the petition with the condition that a revised plan is submitted.
Frank Carey stated a three season room is a luxury not a necessity.
Lucinda Nothe stated the addition adds value to the house and the proposed location makes the most sense.
Ronald Fussell stated the construction proposed is more of an addition to a home, rather than a three season porch.
Theresa Martin questioned if it made any difference if it was an addition or three season porch?
David Jarvis stated it is important for all Board members to have a full understanding of what is proposed, and he was also reluctant to set any precedents. He questioned if the applicants wanted to continue to the next meeting Thursday September 24, 2015 or if they wanted the Board to vote on the plan as submitted with the application?
Lucinda Nothe stated she would request a continuance and provide the Board with a plan that reflected the two (2) foot overhang.
Tere Hrynkiw moved to continue the hearing to September 24, 2015 at 7:30 P.M
Theresa Martin seconded the motion.
It was so voted, unanimous.
David Beaudoin returned.
9:00 Frank Carey moved to adjourn
Ronald Fussell seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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