Town of New Boston
Zoning Board of Adjustment
Meeting Minutes
06/19/07
Approved 07/17/07
Members present: Chairman David Craig, Vice Chairman Harry Piper, Ed DiPietro, Phil Consolini, Alternates Robert Todd, Chris Golomb, and Laura Todd, clerk.
05/22/07 meeting minutes were approved as written by Ed DiPietro, 2nd by Phil Consolini.
Thibeault Sand and Gravel, LLC, Parker Road, application “Appeal from an Administrative Decision”
At 7:17PM, Chairman Craig opened the Thibeault hearing without the applicant present. The scheduled time for this hearing was 7:00 PM. Chairman Craig read the submitted application.
The board had some discussion on the appropriate way to handle the application in the absence of the applicant and concluded to move forward.
Abutters present were Linden Hodgkins of 84 Parker Road and Dan Hodgkins of 54 Parker Road, both spoke in favor of the applicant. They said the site looks better than it ever has and the signs are very nice. They asked what the sign ordinance says.
Robert Todd said in that zone, it was 4’square.
Harry Piper moved to uphold the Building Inspectors decision, 2nd by Ed DiPietro.
Ed DiPietro spoke to the motion saying we are enforcing our ordinance.
Chairman Craig said we have to decide if the Building Inspector is accurate.
Chairman Craig called for the vote and the motion passed unanimously, with Dave Craig, Harry Piper, Ed DiPietro, Phil Consolini and Robert Todd voting, at 7:25PM.
Tony Eberhardt, Kimberly Messa, New Boston Physical Theraphy, LLC, 18 High Street, application for an “Area Variance”
At 7:40PM, Chairman Craig opened the hearing with the condition that if abutters arrived later and requested we begin again, the applicant would have to start over. He then read the application and asked the applicant to speak.
Atty Jed Callen introduced himself saying he was representing the applicants. He clarified that Jean McCreary was the owner of the property, the applicants have a option to buy and are authorized agents. The applicants are owners of the New Boston Health and Wellness Center which is now located in the Apple Barn and they wish to move the business to the house on High Street. Atty. Callen said he wanted to cover the specifics of what they plan to do before he addressed the criteria.
Dave Craig asked what the house is now.
Atty Callen answered it is residential use in a village commercial district.
Atty. Callen demonstrated on a plan which had been colored (see in file) where the setback line is. The house will be retained as is and converted to the facility. The only outside change made, is the back deck would be extended, but it is not within the setback so doesn’t require a variance. Both the house and barn are within the setback already, photos were shown to illustrate. The barn will be taken down, the proposed septic will be located when the barn is and under the parking area.
Harry Piper asked if the house is residential use now and always would be residential, where could they park as a residence? Anywhere?
Atty. Callen answered yes and continued that most abutting properties have parking right on the street.
Ed DiPietro asked how many parking spaces?
Atty. Callen said 12, (later he corrected to 16), stating that they have been before the Planning Board with a conceptual plan. He continued that the greatest encroachment is 17’ and the least encroachment is 5’
Chairman Craig asked what is behind this lot.
Atty Callen said Jean McCreary owns the lot behind this one and it is on Depot Street, 0.5 acres approx. and is zoned commercial.
Atty. Callen then began addressing the criteria.
#1 (see application) Also, photos were presented which showed surrounding properties with parking well within the setback, such as the bank, Lanzilotti, and Sheas. Photos gave a view of where the parking would be on the subject property as well.
#2 (5) (see application) Improvement on vehicle and pedestrian safety.
#3 (see application) A Variance is needed because of uniqueness of lot, the back is a very steep slope and it is not feasible to use for parking.
Dave asked if the parking was standard. Bob Todd said yes.
#4 (see application) There would be no gain by the denial of this application.
Dave asked if the board had any questions for the applicant. No.
Mrs. Fitzpatrick (26 High Street) an abutter spoke. She is concerned with the parking being so close to her property line and what it will do to the value of her property. She is also concerned about the barn being removed; it provides a great barrier/buffer. She is concerned with headlights and what will be done about screening. She is not opposed to the New Boston Physical Therapy moving to that location.
Dave Craig asked what is proposed to address screening.
Jed Callen said vegetation buffer would be planted and they will try to eliminate any problem.
Harry Piper asked what changes would happen to the exterior of the house beside the rear deck.
Tony, just a handicap ramp.
Louis Lanzilotti, (16 High Street) said he is favor of this application. He thinks it is a wonderful use; his only complaint is the town doesn’t allow mixed use. (Note, Lanzilotti property is grandfathered for mixed use).
Dave Craig asked what the number of parking spaces is required.
Bob Todd said one space for every 300 sq. ft. of gross building area.
It was determined that the 16 spaces planned would serve 4800 Sq. ft.
Dave Craig asked the audience if they had any further questions or comments.
Dave Craig asked the board if they had further questions.
Harry Piper moved to place the application before the board, Chris 2nd.
Harry Piper moved to approve the application with the suggestion the Planning Board look at the buffer issue. Ed DiPietro 2nd.
Harry supported his motion, by saying it is inconceivable that the village ordinance doesn’t allow this application without a variance. No lot in the downtown could be approved without a variance. All the criteria were covered and the board should approve.
Ed DiPietro questioned what it would take to move the parking so it was not within the setback.
Dave Elliott said it is impossible.
Chris Golomb spoke to Mrs. Fitzpatrick saying that when you buy a piece of property, you cannot be assured the use will continue to be the same. This type of use would add value to your property.
Dave Craig commented that the concerns the abutter has should be raised when the applicant reaches the Planning Board.
Dave Craig called for a vote, and the motion carried with no conditions, unanimously, with Dave Craig, Harry Piper, Ed DiPietro, Phil Consolini and Chris Golomb voting.
Phil Consolini moved to adjourn the meeting, 2nd by Harry Piper @ 8:45PM.
Respectfully submitted
Laura Todd
06/25/07
| 
