ZBA Hearing Minutes
Date: 12/11/07
Hearing: 16 Woodland Drive - Crotty
Hearing began at: 4:10pm
Members Present: Cynthia Weber Chair, Fred Chapman, Dean Amidon, Kathleen Wasiuk (Alternate), and Susan Cooper (Alternate)
Also present: Peter Vallianos, Attorney for the Crotty’s, Francis and Jane Crotty, Stefan Grotz, Attorney for the Perelmuter’s (abutter)
The hearing began with Dean Amidon, Vice-Chair, explaining the hearing process and then Fred Chapman, Acting Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, and Board of Health. Dean noted that the original application and legal posting did not include the garage which was submitted as an amendment. The Conservation Commission noted that the Crotty’s did not file with the Conservation Commission and would need to do to their proximity to Lake Garfield.
Stefan Grotz, representative for the Perelmuter’s informed the board that the Perelmuter’s approve of the application but they request that a tree screen of some considerable size be planted for privacy after construction is completed. Dean asked for a letter to be submitted for the abutter’s.
The Board discussed the fact that the original application that was submitted to all the boards to review did not include the garage and that this may pose a problem. Peter Vallianos felt that the garage amendment is covered under the legal notice that was posted as an extension to an existing structure. The Board was concerned with the fact that the applicants did not go before the Conservation Commission as the Board of Appeals is the last stop and they base their findings and conditions on the opinions of the Planning Board, Conservation Commission and Board of Health. Peter Vallianos stated that he felt that the Conservation Commission should be the last board since they would require an engineer to be hired. The Board stated that they need the input from the other Boards prior to making their
decision and granting or denying a permit.
Peter Vallianos presented the proposed project for the Crotty’s. Peter gave the history of the lot and structure. The original lot was 100ft by 139ft, currently there is 1.7 acres (close to 7 times larger than it was originally) since the Crotty’s have acquired additional lots of land. The Board then discussed the possibility that the grandfather rights are lost when you combine and create a larger lot after 1986 (which this lot was). The Board questioned the pitch of the lot. The house is within all the setbacks and the new construction is not intended to go into any of the setbacks. The slope and road frontage are not being changed. Peter believes that the only non conformity is the size of the lot. Fred and Susan both believe that the non conforming nature is
being increased and therefore should fall under IV.E.2.c.
Cynthia asked if when the road was moved if the Road Superintendent was included in the process and if he approved the project. No one could confirm if this had happened or not. Peter stated that Woodland Drive is in much better shape now than it ever was. (A copy of the Select Board’s 11.19.07 minutes were provided to the Board where the Fire Chief Raymond Tryon commented, “Ray doesn’t think you could say that Woodland Drive is safe and passable for emergency vehicles and a note should be sent that the Town can’t be held liable if their emergency vehicles can’t access the property.”)
Peter Vallianos spoke with the Crotty’s and they are requesting that the Board continue the hearing so that they may file with the Conservation Commission. The garage addition was added after the fact because the Building Inspector stated that the garage is not part of the single family dwelling and therefore does not fall under section IV.E.2.a sections 1, 2 or 3 and therefore requires a special permit. Peter asked if they were now asking for 2 special permits. The Board confirmed that the garage would need to be a separate application to which the board agreed the applicant would not need to pay the $200 filing fee but they would need to pay for the advertising fee.
The Board voted to continue the hearing until Thursday, February 7, 2008 at 4pm. The Crottys agreed to resubmit in entirety: They will make 2 separate applications:
1. Application to conduct a Professional home occupation in the Lakeshore District By-Law Section~ IV.D..2.a.
2. Application for Special Permit to ~"Reconstruct...., Enlarge...etc. under By-Law Section IV.D.2.b.~~, accompanied by the revised, supporting papers (Comment from Health Dept. Planning Board and Conservation Commission and with revised plans and drawings supporting the enlarged building project.
The fees for both hearings are waived, but the Crotty’s agreed to pay all advertising costs.
The hearing concluded at 5:30pm
Submitted by
Melissa Noe, ZBA Secretary
| 
