ZBA Hearing Minutes
Date: 12/12/06
Hearing: Fried/Greenwald
Hearing began at: 4:00pm
Members Present: Peter Murkett Chair, Dean Amidon, Cynthia Weber, Robert Gauthier (Clerk) and Kathy Wasiuk (alternate)
Also present: Christopher Blair, Stefan Grotz, Judith Greenwald and Robin Fried
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.
Stefan Grotz, attorney for Ms. Greenwald and Ms. Fried, addressed the reason that the property is grand fathered. He stated that it was established in 1956 when that whole area of the lake was subdivided into small lots (plan was provided). In 1989 it was sold to Ms. Greenwald and Ms. Fried. Attorney Grotz stated that the house and lot were in existence before the town had any bylaws.
Cynthia Weber asked the applicants to clarify that the existing shed would be removed and Christopher Blair confirmed this. Peter Murkett asked what the plans were for the foundation. Currently it is on piers and the applicants hope to put a crawlspace and partial foundation and raising the first floor about 2 feet from where it is currently. Kathy Wasiuk asked if the idea behind the foundation was to make it a year round house and the applicant responded that it was mostly to get rid of the moisture coming up through the floor and to give them a few more square feet in their living area by moving the furnace out and to improve the warmth of the floor.
Peter Murkett asked about the discrepancy between the site plan in Christopher Blair’s set and the site plan from the survey. Christopher Blair clarified the differences.
After hearing the presentation of the applicant and examining plans, the Board made the following findings of fact:
1. The lot has sub-minimum acreage and road frontage, and there is encroachment of structure within setback.
The board voted unanimously to grant the special permit with the following condition:
1. That the existing encroachment of the lakeside porch and its foundation piers into setback be moved away from the lake, outside the 40' setback (as suggested by the applicant, but in contrast to what is shown on a sheet marked "Proposed First Floor" in the plans submitted), and that a freestanding shed likewise be moved beyond the 15' roadside setback.
The hearing concluded at 5:00pm
Submitted by
Melissa Noe, ZBA Secretary
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