ZONING BOARD OF ADJUSTMENT
October 30, 2008
The meeting was called to order at 7:02 p.m.
Roll Call: Present were Peter Bealo; Robert Loeffler; Roderic Cole, Alternate; and Dan Lloyd, Alternate. Larry Ordway, Chairman, and Julie Matthews, Vice-Chairman; and Cliff Clark were excused.
P. Bealo was acting chairman for the meeting.
R. Cole and D. Lloyd were appointed as voting members for this meeting in place of L. Ordway and J. Matthews.
Minutes of September 25, 2008
R. Loeffler moved, second by D. Lloyd, to approve the minutes of the September 25, 2008, meeting. There was no discussion and the vote was 2-0-2 (Bealo and Cole abstaining).
P. Bealo noted there were only four (4) voting members at this meeting and noted the significance that a tie vote would have to defeat any motion. He offered all applicants the opportunity to request a continuance until there are five (5) voting members present.
#08-30: A request from Kelly Ward, for a variance from Article V, §220-32B (permitted uses), to permit a combined residential-commercial use where only commercial use is allowed. The property is located at 19 Danville Road, Tax Map 30, Lot 79 in the CI district. The property owners of record are Kelly E. Ward and Francis H. Ward.
#08-31: A request from Kelly Ward, for a special exception under Article III, §220-8C, to permit the expansion of a non-conforming lot. The property is located at 19 Danville Road, Tax Map 30, Lot 79 in the CI district. The property owners of record are Kelly E. Ward and Francis H. Ward.
Kelly Ward, property owner, was present for the application. He explained that he would like to move his business to this location but retain the residential use and have a combined commercial/residential use of the property, which is not permitted in the Commercial I District. He said that initially his father would be living at the site but if he ever left K. Ward would like to be able to rent the property.
There was a discussion for the need of a special exception to expand the non-conforming lot. It was noted that granting the variance for the combined use, while legitimizing the residential use on a commercial site, made it so the residential dwelling would not comply with the commercial setback requirements, thus making the site non-conforming and creating the need for a special exception.
R. Loeffler suggested that the application made a lot of sense, offering that the house staying on the property and occupied would offer additional security for the business.
P. Bealo noted that it could also figure into the calculations for workforce housing for the Town.
K. Ward added that he had friends who were teachers in the Timberlane School who were looking to share the rent for a house since they could not afford to purchase one in the area.
P. Bealo asked if the Board had any additional questions, there were none. He asked if there was anyone speaking in favor of or in opposition to the application. There was no one and the matter was closed.
P. Bealo explained that all matters would be heard and then deliberations would take place to make decisions on each matter. He noted that no further input would be accepted by any party once a matter was closed.
#08-32: A request from Town Fair Tire Centers, Inc., for a variance Article IV, §220-21A/B, to permit the continuance of pavement, building, existing disturbance within the no-cut, no disturb buffer and twenty-five (25) foot/fifty (50) foot no construction buffer. Also to allow for reclaiming of existing pavement, drainage and general site improvement of approximately 400 more sq. ft. of proposed building with the aforementioned areas. The property is located at 42 Plaistow Road, Tax Map 25, Lot 6 in the CI district. The property owner of record is MCM Realty, LLC.
CONTINUED FROM SEPTEMBER 25, 2008
#08-29: A request from Town Fair Tire Centers, Inc., for a special exception under Article III, §220-8C, to permit the expansion of a building on a non-conforming lot. The property is located at 42 Plaistow Road, Tax Map 25, Lot 6 in the CI district. The property owner of record is MCM Realty, LLC.
Jennifer Viarengo, Appledore Engineering, Inc., and John Wypychoski, Town Fair Tire, were present for the application.
J. Viarengo noted that it was Town Fair Tire Corporate policy to automatically request a continuance in the event of a less than five (5) member board and she was making that request.
R. Cole moved, second by R. Loeffler, to grant the request for a continuance in the matters of cases number 08-29 and 08-32. There was no discussion on the motion. The vote was 5-0-0 U/A.
It was noted that this was the official notification of the continuance to all parties originally notified and there would be no additional written or verbal notification in this matter.
DELIBERATIONS
#08-30: A request from Kelly Ward, for a variance from Article V, §220-32B (permitted uses), to permit a combined residential-commercial use where only commercial use is allowed. The property is located at 19 Danville Road, Tax Map 30, Lot 79 in the CI district. The property owners of record are Kelly E. Ward and Francis H. Ward.
R. Cole moved, second by R. Loeffler, to grant the request from Kelly Ward for a variance from Article V, §220-32B and permit a combined residential/commercial use at 19 Danville Road.
The Board discussed the requirements for the granting of a variance noting the following:
- There would be no diminishment of the surrounding property values, allowing this use was seen as possibly increasing those values.
- There would be a benefit to the public interest and the site was seen to be more secure with the combined used and there would be additional workforce housing provided to the Town.
- There would be a hardship in requiring the owner to dissolve the residential use in that it did provide housing for the Town. It was noted that there are other pre-existing combined uses in the vicinity of this property and that discontinuing the residential use would diminish the value of the property to this owner.
- There was substantial justice in granting the application as it would be wasteful to not be able to use the house not only to the owner but to the Town.
- It is not contrary to the spirit and intent or the ordinance, which is to separate commercial from residential uses, as there are pre-existing combined uses in this same neighborhood.
There was no further discussion on the motion. The vote was 4-0-0 U/A, and the variance was granted.
#08-31: A request from Kelly Ward, for a special exception under Article III, §220-8C, to permit the expansion of a non-conforming lot. The property is located at 19 Danville Road, Tax Map 30, Lot 79 in the CI district. The property owners of record are Kelly E. Ward and Francis H. Ward.
R. Cole moved, second by R. Loeffler, to grant the request for a special exception to expand a non-conforming lot at 19 Danville Road.
P. Bealo noted that the non-conformance was caused by the change of use to the property and there was nothing physically changing.
R. Loeffler added that the change was one on paper only and this would legitimize the lot.
There was no further discussion on the motion. The vote was 4-0-0 U/A, and the variance was granted.
Other Business
It was noted that a letter from Nicholas and Joan Pichowicz, Chandler Ave, citing concerns with the Chandler Ave elderly housing project, had been received, but that it was not relative to any matters scheduled before this Board.
There was no other business before the Board and the meeting was adjourned at 7:25 p.m.
Respectfully Submitted,
Dee Voss
Administrative Assistant
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