Newton Board of Appeals
Meeting of August 21, 2007
Call to Order
Mr. McElroy called the meeting to order at 7:30 pm with the following members present:
Chairman Tom McElroy
Dana Allison
Alternate Ken Pelletier
Alternate Charles Melvin, Sr.
Mr. McElroy introduced the Board and Mrs. Babcock who was sitting in for secretary, Jeanette Clark.
Mr. McElroy appointed alternates Pelletier and Melvin to sit in for absent Board members.
1st Hearing
Lisa Fortin (Map #013-01-006) stated that she wanted to tear down her existing garage and breezeway and rebuild a 24 x 24 garage, the current garage is about 20 x 20. She gave Mr. McElroy a statement signed by her neighbors stating that they did not object to her plans.
Abutters present: James & Susan DeCosta
Ms. Fortin explained that the current garage is 22 feet from the property line. The back corner of the new garage will be 18.8 feet from the property line and will be behind a fence.
Mr. McElroy asked if any abutters were present. Abutter Mary Rau stated that she had no problems with Ms. Fortin’s plans; however her house is currently for sale. There are no sales or offers pending at this time.
Mr. Pelletier mentioned that if a variance is granted, the measurement to the property line must be taken from the portion of the structure that is closest to the property line. Ms. Fortin said that she was aware of that and the 18.8 foot measurement is taken from the soffit of the proposed garage. She also explained that with the current garage she only has about 2 to 3 inches of clearance from the mirrors on her van.
Mr. McElroy then read the Variance Criteria Worksheet
#1 satisfied – all in favor
#2 satisfied – all in favor
#3 N/A
Area or Dimension Criteria
a) satisfied – all in favor
b) satisfied – all in favor
#4 satisfied – all in favor
#5 satisfied – all in favor
Mr. Allison motioned to grant the variance so that no part of the building is closer than 18.8 feet from the side property line as shown on the plan drawn by Lavalle and Associates and dated August 2, 2007. Second by Mr. Melvin. Motion carried unanimously.
Mr. Pelletier informed Ms. Fortin that there is a 30 day period in which someone could contest the decision and she must reapply for a building permit.
Mr. Allison motioned to close the hearing. Second by Mr. Melvin. Carried unanimously.
2nd Hearing
Wilbur Burnham ( Map# 002-04-005) said that he wants to remove two dilapidated buildings from his property and is seeking a variance to build a two car garage.
There was only 1 abutter present: Mary Rau
The Board took a few minutes to review the plans with Mr. Burnham. (They were not addressing the audience, but their discussion should be clear on the tape.)
Mr. McElroy asked if any abutters were present. An abutter stated that he had no problems as long as Mr. Burnham followed his plans as drawn; the abutter said the Mr. Burnham was doing the neighborhood a favor by removing the old buildings. (This person did not state his name.)
Mr. Pelletier asked about the note on the plans regarding the right of way.
Mr. McElroy then read the Variance Criteria Worksheet
#1 satisfied – all in favor
#2 satisfied – all in favor
#3 N/A
Area or Dimension Criteria
a) satisfied – all in favor
b) satisfied – all in favor
#4 satisfied – all in favor
#5 satisfied – all in favor
Mr. Allison motioned to grant 3 variances:
1) No part of the building shall be nearer than 50 feet of the center line of the road.
2) No part of the building shall be nearer than 5 feet from the right side lot line.
3) No part of the building shall be nearer than 18.4 feet from the left side lot line.
With the stipulation that there be no living space at all in this new building. As shown on plans drawn by Paul Nichols for a plot of land in Newton and dated August 6, 2007. Second by Mr. Melvin. Motion carried unanimously.
Mr. Melvin motioned to close the public hearing. Second by Mr. McElroy. Motion carried unanimously.
Mr. Burnham was notified of the 30 day period in which the decision could be contested.
3rd Hearing
Attorney John Ryan represented Mr. Pica(Map#005-01-005). Atty. Ryan requested that both matters before the Board be continued until there is a full five member board present.
Mr. Melvin stated that a site walk should be conducted before the hearing. It was decided that a site walk would be conducted on September 8th, late afternoon.
Abutter Rob Peterson said that some abutters had to put aside their business travel to be present. They had changed their schedules to be here. He also asked if abutters could attend the site walk. Mr. Pica replied that anyone could attend the site walk. Mr. Pica also said that he would like the matter to be continued to September 18th because he would not be available for the October meeting.
Atty. Ryan handed out packets of materials to the board members and requested that the board review the information.
Mr. Allison moved to open the hearing. Second by Mr. Melvin. Motion carried unanimously.
Mr. Allison moved to continue the hearing to September 18th with a planned site walk on September 8th at 3:00 pm . Second by Mr. Melvin. Motion carried unanimously.
Acceptance of Minutes
Mr. Allison moved to accept the minutes of July 17th, 2007. Second by Mr. Pelletier. Motion carried 3-0-1 with Mr. McElroy abstaining.
Other Board Business
Mr. McElroy read a memo from the Recreation Commission regarding the Newton Fall Fair at Greenie Park on September 22nd.
Mr. McElroy asked if everyone had a copy of the budget and said there was nothing unusual in the budget.
Adjournment
Mr. Melvin moved to close the meeting at 8:00 pm. Motion carried unanimously.
The next meeting is scheduled for Tuesday, September 18, 2007 at 7:30 pm in the Town Hall.
Lisa Babcock
for Jeannette Clark, Secretary
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