APPROVED 01/26/11
Member Present: Chairman Dave Craig, Robert Todd, Phil Consolini, Greg Mattison and clerk Laura Todd, all voting.
Minutes from the 04/20/10 meeting were approved as corrected.
2010-3 Application for a variance by Robert and Donna Chase, 289 Francestown Road, Map/Lot 4/44-1, in the R/A district to allow them to rent a portion of the building as a residential dwelling that is now their residence and the veterinary hospital. They will be moving to another residence, but the veterinary hospital will stay at the same location.
Chairman Craig addressed the board, applicant, abutters and interested parties, informing them that he is the attorney for the applicant and wanted to be sure that no one had a problem with his participating in the meeting. No one had a problem.
Chairman Craig then asked the applicant to explain their application; Mr. Chase said they were interested in maintaining the operation of the hospital and keeping the appearance of the property the same. They thought that renting the property to a caretaker would be the way for this to be accomplished. The caretaker would be responsible for taking care of the building and property.
Dave asked why they thought they needed to come to the ZBA to be allowed to do this and who referred them to Article VI, Section 602?
Donna Chase said, Nicola Strong had highlighted the Article and Section when she had spoken to her several months ago, she had recently spoken to Ed Hunter and he advised they would need a variance because it had originally been opened as a home business and then in 2002 there was a change in the ordinance that allowed them to operate as a veterinary hospital in the R/A district.
Board members referred to Section 602, of the zoning ordinance amendments under agriculture in 2001 and 2010. Because the section “Agriculture, Farm & Farming” 1 stated that “shall include the residence or residences of owner, occupants, or employees located on such land.” And 2 stated that “shall include the practice of veterinary medicine.” the board decided that the applicant did not need approval by the ZBA to rent the property to a caretaker.
Dave Craig addressed the abutters and asked if anyone had an objection to the renting of the Chase property. Dave Kirtpatrick and his wife renters of 253 Francestown Road, Verna Elliott of 282 Francestown Road, Donna Joyal of 294 Francestown Road and Gloria Chandler of 59 Dennison Road all agreed they did not have any problem with what the Chases were proposing.
The board then discussed how to proceed with this decision. It was determined that the application would be on file. Phil Consolini moved that on review of the ordinance the proposed use is in compliance with the ordinance, a letter/notice of decision would be sent stating that because of this compliance the board did not need to take any action, except to approve the applicant’s appeal of the Building Inspectors and Planning Directors interpretation of the zoning ordinance. Robert Todd 2nd the motion with all voting in favor.
The meeting continued with another hearing.
Respectfully Submitted
Laura Todd, Clerk
01/26/11
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