ZONING BOARD OF ADJUSTMENT MINUTES
August 30, 2012
Call to Order: 7:00 P.M.
Item One:
ROLL CALL: Present were – Larry Ordway; Chairman, Jim Allen, Paul Boniface and Tim Fisher; Alternate. Roderick Cole and Joyce Ingerson were excused.
L. Ordway appointed T. Fisher a voting member for the meeting.
Minutes of July 26, 2012
J. Allen motioned to accept the minutes of the July 26, 2012 meeting, second by L. Ordway.
There was no discussion on the motion and the vote was 3-0-1; P. Boniface abstained.
L. Ordway explained to the applicant that there are only four members sitting on the Board and all cases heard need three affirmative votes to be granted. He explained that he has a right to ask for a postponement until there are five voting members sitting on the Board. If the applicant chooses to continue with the hearing and it is denied he cannot use lack of a full Board as grounds for a rehearing. He asked the applicant to tell the Board if they would like to postpone his hearing when the case is called before the Board.
#12-12: A request from Roger J. Lemire for a special exception under Article X, all sections for a home occupation, namely a home office for architectural design. The property is located at 25 Sunrise Terr., Tax Map 15, Lot 15 in the LDR District. The property owners of record are Roger and Pamela Lemire.
Present for the hearing was Roger J. Lemire, 25 Sunrise Terr. He explained the following to the Board:
- He has been an architect for 12 years
- He works out of Gloucester
- He would like to start doing side jobs
- He will have a lap top computer in his home office
- He deals with all commercial sites
- He visits the sites; clients will not come to the home office
The Board reviewed the requirements for the granting of a special exception and the following was noted:
- Architect falls under Section A, consultant
- There will be no large computer banks
- R. Lemire owns and resides in the house
- The home office will be 11% of the living space; 207 square feet
- There will be no change in the outside appearance of the dwelling
- There will be no outside storage
- There will be no sign nor are there any plans for a sign
- There are no employees
- There is no merchandise
- Only personal vehicles will be on the property; no business vehicles
- No clients will be at the home office; R. Lemire will do site visits
- The Board has a copy of the deed; there is a provision that there be no commercial venture.
- The dwelling is not a condo
- The Board has received an abutters list as well as a floor plan
There was no one to speak in favor of or against the application and the case was closed.
L. Ordway explained that they will go into deliberative session and the decision will be made. There can be no further input for the case. The applicant can wait to hear the decision but the written decision will be mailed to them within 14 business days. If granted the applicant cannot proceed until 30 days has passed to allow time for an appeal of the decision
DELIBERATION
#12-12: A request from Roger J. Lemire for a special exception under Article X, all sections for a home occupation, namely a home office for architectural design. The property is located at 25 Sunrise Terr., Tax Map 15, Lot 15 in the LDR District. The property owners of record are Roger and Pamela Lemire.
T. Fisher motioned to grant the request from Roger J. Lemire for a special exception under Article X, all sections for a home occupation, namely a home office for architectural design. The property is located at 25 Sunrise Terr., Tax Map 15, Lot 15 in the LDR District. The property owners of record are Roger and Pamela Lemire, second by P. Boniface.
L. Ordway summarized the case noting the following:
- It is a classic home occupation request
- The space will be used for an architectural design office
There are no employees; just R. Lemire
No clients will visit the home office
There will be no signs
There will be no exterior changes to the dwelling
There will be no merchandise
L. Ordway stated that the only issue is the no commercial venture note on the deed. He stated that he does not feel this home occupation would be considered a commercial business. The other Board members agreed.
There was no further discussion on the case ad the vote was 4-0-0 U/A.
Other Business/Updates: Misc. Notices, letters, and other Correspondence from Dept. of Building Safety, Planning Department and ZBA
There is no other business before the Board; the meeting was adjourned at 7:20 P.M.
Respectfully submitted as recorded by Laurie Pagnottaro.
Approved by the Zoning Board of Adjustment on ______________________________________
_______________________________________
Larry Ordway, Chairman
| 
