ZBA Hearing Minutes
Date: 1/31/07
Hearing: Kirson – 8 Seven Arts Rd
Hearing began at: 4:01pm
Members Present: Peter Murkett Chair, Fred Chapman, Dean Amidon, Vice Chair, Cynthia Weber, and Robert Gauthier, Clerk
Also present: Kyle Pierce, ( a neighbor), and Scott Jennsen, builder
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, as well as a letter from abutters Thomas & Barbara Haver.
Scott Jennsen of Bottomline Builders thanked the board members for their time and gave a brief description of the proposed project and setback requirements. The dwelling’s height will not be increased and there are no plans for additional bedrooms. The owners are aware of and in agreement with the Board of Health’s requirements, should this project be approved. Photographs of the current building were submitted. No engineer has looked at the plans as of yet but one will supply all load-bearing data at the request of the Building Commissioner.
Peter Murkett asked about the history of Severn Arts and how there came to be 5+ dwellings on one lot. Kyle Pierce, granddaughter of the original owner, gave a history of the property. It is her understanding that paperwork has been signed to make each of the properties a condominium so that everyone would own their own properties but would still share a water supply. It became a common ownership sometime during the 1960s/70s.
Scott Jennsen stated that the owners are attempting to change this into a condominium status but it has not been filed as of today. Mr. Jennsen presented a surveyed plan from Kelly, Granger and Parsons that shows future lines once it’s subdivided, which to the board’s knowledge has not occurred. It has not gone before the planning board to subdivide and the plans were not recorded. As far as the board is concerned it is 6 dwellings on one lot and under one owner. According to Robert Gauthier who also works in the Board of Assessor’s office there is one tax bill sent for the land and separate bills sent for each of the dwellings.
There are currently 3 bedrooms and there are no additional bedrooms in the proposed plan. A Title 5 inspection, perc test and test pits are scheduled for mid-February. Each building on the lot has its own septic system and the last plan on file for this house shows a septic installed by Tryon Construction in 1973. The drinking water is a deep well and serves approximately 4 homes, possibly 5. It was tested within the last year and was satisfactory. is The owners are currently investigating whether it should be considered a Public Water source.
The zoning issue is the number of buildings on the lot, which makes it non-conforming. The definition for a dwelling unit was reviewed. It’s a non-conforming building lot that contains more than the number of dwelling units that the bylaw allows.
The board went into the deliberative portion of the hearing and closed the evidentiary portion.
Conditions:
1. Before a building permit is granted the applicant must satisfy all Title 5 requirements with regard to the proposed potential bedroom in the basement and to meet the water supply requirements/standards of the Board of Health.
Findings:
1. Non-conforming due to multiple dwelling units on one lot.
2. Existing structure does not meet setback requirements at the time of application.
3. The proposed plan will eliminate the one non-conformity due to setback.
4. It does not increase the non-conforming nature.
The board took a vote and approved granting the special permit four to one.
The hearing concluded at 5:15pm
Submitted by
Melissa Noe, ZBA Secretary
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