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ZBA Minutes 10-25-12


ZONING BOARD OF ADJUSTMENT MINUTES
October 25, 2012

Call to Order:  7:05 P.M.

Item One:

ROLL CALL:  Present were – Larry Ordway; Chairman, Paul Boniface and Joyce Ingerson.  Roderick Cole and Jim Allen were excused.

Minutes of August 30, 2012

J. Ingerson motioned to accept the minutes of the August 30, 2012 meeting, second by L. Ordway.

There was no discussion on the motion and the vote was 2-0-1; J. Ingerson abstained.

L. Ordway explained to the applicant that there are only three 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.

#12-13: A request from Chad Putney for a special exception under Article X, all sections for a home occupation, namely a home office for an alarm/security systems company.  The property is located at 115 Main Street, Tax Map 40, Lot 78 in the CII District.  The property owners of record are Chad Putney and Stephanie Young.

Present for the hearing was Chad Putney, 115 Main Street.  He stated that he wished to proceed with the hearing.  He explained the following to the Board:

  • He would like a special exception for a home occupation; his alarm company
  • There will be storage for files and bookkeeping
  • It will be one room
  • No clients will ever go to the home
  • No signs
  • No operating hours
  • His work is contracted privately
  • He owns one van; there will be no sign on the van
  • He has one employee who will not be at the home office
  • There will be no hazardous materials
  • There will be o exterior storage
The Board reviewed the requirements for the granting of a special exception and the following was noted:

  • Security alarm business falls under Section C; tradesman, repair or contractor
  • There will be no testing of alarms or alarm noise
  • C. Putney owns and resides in the house for the last 4 years
  • The home office will within the 25% of the living space requirement; 36 square feet
  • There will be no change in the outside appearance of the dwelling
  • No signs
  • Only storage of files will be in the office; tools will be inside the van
  • No operations will occur in the home
  • No merchandise will be on display
  • There will be no noxious or dangerous materials
  • There are no provisions in the deed that prevent a home occupation
L. Ordway explained that the Building Inspector has the right to inspect the home occupation during the three year period; after that three year period the applicant needs to renew for another three years.  The special exception goes with the applicant not the home.

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

#12-13: A request from Chad Putney for a special exception under Article X, all sections for a home occupation, namely a home office for an alarm/security systems company.  The property is located at 115 Main Street, Tax Map 40, Lot 78 in the CII District.  The property owners of record are Chad Putney and Stephanie Young.

P. Boniface motioned to grant the request from Chad Putney for a special exception under Article X, all sections for a home occupation, namely a home office for an alarm/security systems company.  The property is located at 115 Main Street, Tax Map 40, Lot 78 in the CII District.  The property owners of record are Chad Putney and Stephanie Young.

L. Ordway summarized the case noting the following:

  • It is a classic home occupation request
  • The space will be used for a security alarm company
  • There will be no business activity
  • Only one employee who will not be at the home office
  • There are no clients to the home
  • There will be no signs
  • There will be no exterior changes to the dwelling; will no affect the neighbors
There was no further discussion on the case and the vote was 3-0-0 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 7:15 P.M.


Respectfully submitted as recorded by Laurie Pagnottaro.



Approved by the Zoning Board of Adjustment on ______________________________________

_______________________________________
Larry Ordway, Chairman