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Zoning Board of Appeals Minutes - July 25, 2005
ZBA Hearing Minutes

Date:  July 25, 2005
Hearing: Schutzmann

Members Present:  Peter Murkett, Robert Gauthier, Gige O’Connell, Fred Chapman, Cynthia Weber, Kerry Schuerer (draftsperson), David Alden (builder).

The meeting began at 3:00 p.m.

This hearing is a continuation of a Public Hearing for an application for Special Permit for Paula Schutzmann.  A new set of plans was provided.

The ZBA Clerk read a letter from the Planning Board stating that its members voted unanimously to approve the permit.

Kerry gave a rough description of the addition.  She was asked to update and add notations to the plans provided during the meeting.  The Board, Ms. Schuerer, and Mr. Alden went over proposed numbers and confirmed.

The Board gave a brief overview of procedures for a hearing.

At 3:30 pm the evidentiary portion of the hearing was closed.

The Board then reviewed relevant sections of the Bylaw with regard a non-conforming structures and the 25% rule. Members discussed what constitutes an increase in the “nonconforming nature” of a structure or lot. By a 4 to 1 vote, the Special Permit was granted, based on the following findings and conditions:


Findings

1.      The property is non-conforming due to sub-minimum lot size, and structure that encroaches on setback.
2.      The proposed additions (screened porch and enlarged bathroom) do not further encroach on setback.
3.      The proposed additions do not increase the non-conforming nature of the structure.


Conditions:

1.      All existing and future sheds, outbuildings, and accessory structures must be located outside the setback.

The hearing concluded at 3:50 p.m.


Submitted by
Melissa Noe, ZBA Clerk