ZBA Hearing Minutes
Date: August 28, 2006
Hearing: Rothschild, 4 Brewer Circle
Hearing began at: 4:00pm
Members Present: Peter Murkett Chair, Fred Chapman, Dean Amidon, Cynthia Weber, and Robert Gauthier (Clerk)
Also present: Robert McMahon, Architect, Mr & Mrs Rothschild
The hearing began with Peter Murkett, Chair, explaining the hearing process and then Robert Gauthier, Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, and Board of Health. Nothing was entered into the file from any abutters.
At this time Robert McMahon, Architect for the Rothschild’s presented the project plans. Mr. McMahon had questions about what section of the bylaws the Building Inspector stated this project needed to be filed under and what section the Planning Board referenced. Currently there are 3 small bedrooms and the owners would like to expand those by adding an addition which would also create a crawlspace for some utilities. Another part of the project is to expand their kitchen, add a bathroom and an entry and rebuild a deck. The 2nd floor has a study that is not a closed room and is open to the floor below. Mr. McMahon did not consider the non-conforming nature to be increased. Photographs of the existing house were also present to the board. Mr. McMahon commented that
theoretically the study according to code could be considered a bedroom.
Dean Amidon questioned whether or not the reference made to Section IV.E.2.c in the Planning Board's letter was a typo since the filing for the special permit is under Section IV.E.2.b, Maggie Leonard, Planning Board Chair will be contacted to clarify. Previous additions to the house occurred around 1987. Peter Murkett noted that the percent of increase only becomes a problem if the board finds that the proposed addition increases the non-conforming nature of the structure, lot and/or use. The percent of increase is always in relation to the square footage of the structure as it was at the time it first became non-conforming.
Cynthia Weber questioned if the applicant has begun filings with the Conservation Commission with regards to their comments about the WPA and River Protection Act. The applicant was asked if they appeared before the Board of Health prior to filing with the ZBA and the applicant stated they did not. Fred Chapman stated that applicants should have filed with the other boards prior to coming to the Zoning Board.
The options for the applicant were explained by the board because of the letter received from the Board of Health. A motion was made and the board voted unanimously to continue the hearing to Monday, October 30, 2006 at 4pm so that the applicant may meet with the Board of Health to resolve the bedroom issue.
Submitted by
Melissa Noe, ZBA Secretary
| 
