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Zoning Board of Appeals Minutes 8/17/11 - 47 Old Beartown Rd
ZBA Hearing Minutes

Date:  8/17/11
Hearing began at: 1:30pm

Members Present:  Fred Chapman, Chair, Cynthia Weber, Clerk, Robert Lazzarini and Jonathan Levin, Alternate

Also present: Arthur Jackson and Stanley Ross

This hearing was continued from June 29, 2011.  The applicant was informed that one of the original sitting members was unable to make today’s hearing and if the applicant chooses may proceed with a 4 member board which will require a unanimous “yes” vote for the special permit to be granted or they may continue it to a later date when the entire board can be present.  The applicant chose to proceed.

The applicant has received a foundation only permit, a well certificate of compliance and is waiting on one document for a septic certificate of compliance.  The Board made it clear that once this special permit is granted that the trailer will only be allowed to exist on the property for a period of one year and there is no provision for extending the permit or for re-applying for another permit.  The applicant is hoping that there will be changes to the bylaws during the year that might allow an extension.

Arthur stated that the house is still in design mode and the framing probably won’t start until the spring.  The Board suggested if construction wasn’t going to begin until spring they should withdraw without prejudice and re-apply then.  The applicant didn’t want to do this and understands the one year time limit.  Arthur did ask what the applicant is supposed to do with the trailer once they aren’t living in it, will they be allowed to store it on their property?  The Board stated it can not be on the property and it would need to be stored off-site somewhere.

The Board then agreed to vote on the application as there were no further questions.  The Board voted unanimously to grant the permit.

The Board made the following findings:
1.  A foundation only permit has been obtained.
2.  The applicant understands the time restrictions of the permit.
3.  The applicant has a potable water source and septic system which the trailer will be connected to.

The board concluded that the request was in harmony with the general purpose and intent of the Bylaws and will not be injurious, noxious, offensive or detrimental to the neighborhood or town.

The hearing concluded at 1:41pm

Submitted by
Melissa Noe, Inter-Departmental Secretary