ZBA Hearing Minutes
Date: 12/4/06
Hearing: Geall – 24 Carrington Battelle Rd.
Hearing began at 4:00pm.
Members Present: Peter Murkett Chair, Fred Chapman, Dean Amidon, Cynthia Weber, and Robert Gauthier (Clerk)
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, Board of Health and abutters.
Mr. Geall wanted to clarify that the existing structure is a one bedroom, one bathroom structure and that the proposed addition has another 2 proposed bedrooms for a total of 3 bedrooms. He didn’t understand how the Board of Health determined that there were already 3 bedrooms and the proposed 2 would total 5. The letter was read again. The ZBA commented that the plans didn’t detail the inside of the house very well. Mr. Geall verbally detailed the layout on the plans provided. The basement is unfinished and houses the utilities. The upgraded septic was installed by Scott Mackenzie because it had failed Title 5 during the sale of the house.
Mr. Geall continued to detail the proposed plans. Mr. Geall was asked if he had any conversations with the Building Inspector as to how this fits the zoning bylaws and Mr. Geall explained how it was explained to him. Mr. Geall explained that one of the reasons they chose to place the addition where they did is because the other parts of his property are under the jurisdiction of the Conservation Commission.
P. Murkett read aloud section IV.E.2.b on page 14 of the bylaws. P. Murkett explained to the best of his ability why the Planning Board wrote what they did with regards to the increase in the non-conforming nature. P. Murkett gave Mr. Geall his options as an applicant; 1.) to submit in writing a request to withdraw without prejudice which would be acceptable with at least a 4 to 1 in favor vote and then resubmit with a new set of plans or 2.) to follow through with the hearing, make findings and vote on a decision which if denied, would prevent Mr. Geall from resubmitting any new application that is substantially the same for a time period of no less than 2 years.
Mr. Geall then submitted in writing a request to allow him to withdraw his application for a special permit without prejudice. The board voted on this request and unanimously agreed to allow Mr. Geall to withdraw without prejudice. The board advised Mr. Geall that when and if he chooses to reapply he will need to submit new plans and a new application and fee.
The hearing concluded at 5:05pm
Submitted by
Melissa Noe
Inter-Departmental Secretary
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