TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
09/30/08
Approved 11/10/08
Members present: Vice Chairman Harry Piper (sitting), Ed DiPietro, Robert Todd, Phil Consolini, Laura Todd, clerk, all voting.
2008-8 “EQUITABLE WAIVER FOR DIMENSIONAL REQUIREMENT, by Kevin D’Amelio for property located at Byam Road, Map/Lot 6/41-2.
Harry Piper brought the hearing to order at 7:05PM. He explained the meeting procedure and asked Laura to read the application.
The owner of the property Kevin D’Amelio and builder Steve LaBranch attended the hearing. Steve LaBranch presented the application. He said the error was not noticed until the bank asked for a plot plan before releasing construction money. Ed the building inspector had not asked for a plot plan. They had assumed the corner from a wrong marker, the correct original marker was buried. They had lengthened the driveway because of wetland. The abutting lot (lot 1) is steep slope, so no one will probably build near the common line. Laura read the letter received from Thibeault Corporation the owner of lot one, supporting the applicant. (Please note the letter is in the file).
Bob Todd looked at the tax map to locate the lot in question.
Harry asked if anyone wanted to speak in favor of the application. No one.
Harry asked if anyone wanted to speak in opposition of the application. No.
Phil questioned why the building inspector didn’t require a plot plan.
Robert Todd moved to grant the “Equitable Waiver of Dimensional Requirement”, seconded by Ed.
Robert said the applicant has demonstrated that the error was not intentional, not an attempt to cause a problem and the violation was not due to ignorance of the law. The lack of the building inspector to require a plot plan, the letter from the abutter supporting the application and the buried corner are all considerations. There is no public or private nuisance.
Harry Piper said there is no adverse effect. All criteria had been met.
Application passed unanimously.
Phil called the meeting adjourned at 7:18PM, seconded by Ed.
Respectfully Submitted
Laura Todd
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