MINUTES of the February 23, 2012 meeting
Call to Order: 7:00 P.M.
ROLL CALL:
Present: Larry Ordway, Chairman; Joyce Ingerson Alternate; James Allen, Alternate; Paul Boniface, Member.
Excused: Roderick Cole, Member; Kim Crapo, Alternate.
L. Ordway appointed both James Allen and Joyce Ingerson voting members for tonight's meeting because they did not have a full Board.
Minutes of October 27, 2011
L. Ordway noted the Board was to review the Minutes of the October 27, 2011 meeting however he suggested postponing the review until the March meeting.
L. Ordway motioned to postpone the minutes review, second by J. Allen.
There was no discussion on the motion and the vote was 4-0-0 U/A.
#12-01: A request from Timothy Fisher for a variance from Article III, §220-8.1, to permit a residential garage said to be 912 sq. ft., which exceeds the limit of 900 sq. ft. for a lot up to 40,000 sq. ft. in size. The foundation was poured prior to the final review and issuance of the building permit. The property is located at 19 Elm St, Tax Map 41, Lot 81, in the MDR District. The applicant is the property owner of record.
Present for the application was Timothy E. Fisher
L. Ordway asked T. Fisher what happened.
T. Fisher discussed case; he hired a contractor who moved forward without following the regulations of the Town. He noted that the contractor was AWC; Jake Wyman. He explained that he has trusted multiple contractors who have followed regulations in the past; pulling permits when needed. He entrusted the contractor to do the right thing; this contractor did not.
L. Ordway stated that because there are only four board members present that the applicant has the right to request a postponement until there are five board members present.
T. Fisher replied that he wished to continue. He explained the following:
- The original plans were drawn with 36 feet x 24 feet which would give the house an 864 foot foundation; within the 900 sq. ft. regulation.
- The contractor chose to pour the foundation at 38 feet; exceeding the limit by 12 feet.
- The contractor took it upon himself to exceed the limit.
- T. Fisher never intended to have a garage that exceeded the limits of the plan, it happened by accident.
- The builder was not well informed of the regulations.
- The garage does not encroach upon nor violate any setbacks
- There are no wetlands in the area.
- There are no other restricted areas other than a cemetery behind the house by 75 feet to 80 feet.
- No encroachment to the neighbors.
- It comes down to 6 inches longer on the foundation over the 24 foot length.
J. Ingerson inquired what else was behind house and if there was a green house.
T. Fisher noted yes, attached to the main house.
T. Fisher apologized to the Board for the situation.
L. Ordway asked if there was anyone to speak in favor of or against the application. There was no one and the case was closed.
Larry informed T. Fisher of the ZBA process noting that if approved he cannot move forward for 30 days to allow time for someone to come forward and appeal the decision.
#12-02: A request from Vicki Michel for a variance from Article V, §220-32I to allow the construction of a deck within 8 feet of the property line where 15 feet is the minimum required. The property is located at 4 Joanne Drive, Tax Map 27, Lot 39, and is a pre-existing residential use in the CI District. The applicant is the property owner of record.
Present for the application was Vicky Michel. She explained that she wants to put an 8 foot x 14 foot deck of the back/side of her house.
L. Ordway discussed regulations call for a 15 foot setback and noted Vicki had 8 feet.
V. Michel discussed distance from house to the lot line; it is 15 feet. The 8 feet of the deck would take up some of that space. She said the overall size of the property is a tenth of an acre, it runs 56 feet across the front and back and 62 feet down the sides.
L. Ordway discussed size of lot being impossible to meet setbacks.
V. Michel clarified that there is 16 feet to the back lot line so the largest deck she could build would be 1 foot.
V. Michel gave a handout to Board that included pictures. She gave a description and explanation of handout/pictures.
L. Ordway asked why she could not build the deck over the run-off pipe.
V. Michel replied that the septic run-off pipe makes the area very wet so the footings may not be ok and she cannot build over the holding tanks as it needs to be pumped regularly.
The Board discussed the small pond in the back of the property.
P. Boniface asked if there was a pre-existing deck.
V. Michel answered no. She added that the wetland is not on her property. She explained that she cannot put the deck on the right side of the house as she just had a well installed and the casing sticks up 3 feet.
L. Ordway asked if there was anyone to speak in favor of or against the application. There was no one and the case was closed.
#12-03: A request from Vicki Michel for a variance from Article IV, §220-20 to allow the construction of a deck less than 25 feet from the wetlands buffer where 75 feet is the minimum required. The property is located at 4 Joanne Drive, Tax Map 27, Lot 39, and is a pre-existing residential use in the CI District. The applicant is the property owner of record.
Present for the application was Vicky Michel.
V. Michel discussed issues of wetland; construction; and deck position noting the following:
- Because the structure would be within 25 feet of the no structure zone and 75 feet of the no disturb zone; there is nowhere on the property that would meet that setback.
- The house itself is in that setback.
L. Ordway discussed paperwork in file from Conservation Commission. Conservation Commission supports granting of the variance for the addition.
J. Ingerson inquired if it was possible or if Vicki was able to consider downsizing a little bit.
V. Michel discussed structure purchased; deck; and possibility of structure being able to be cut down.
L. Ordway noted it wasn't necessary to cut the structure down because it would use the same amount of posts.
L. Ordway asked if there was anyone to speak in favor of or against the application. There was no one and the case was closed.
DELIBERATION:
#12-01: A request from Timothy Fisher for a variance from Article III, §220-8.1, to permit a residential garage said to be 912 sq. ft., which exceeds the limit of 900 sq. ft. for a lot up to 40,000 sq. ft. in size. The foundation was poured prior to the final review and issuance of the building permit. The property is located at 19 Elm St, Tax Map 41, Lot 81, in the MDR District. The applicant is the property owner of record.
J. Ingerson motioned, seconded by J. Allen, to grant the variance.
L. Ordway noted the Article was open for discussion.
L. Ordway summarized the case:
- The plan was for less than 900 feet and due to poor communications; the contractor did not pull a permit and learn requirements and poured a footing for 912 sq. ft. garage.
- The issue before the Board is should they vary the 12 feet.
Larry Ordway noted that personally he thought it was wrong to hold Fisher accountable for the builders mistake; and suggestion to step through the requirements for a variance. He read variance requirements and noted substantial justice had been done. If they do not grant then the owner would have to remove the concrete and dispose of it and then re-pour the foundation. The larger garage does not infringe upon house values. The unnecessary hardship would be to remove the concrete.
There was no further discussion on the motion and the vote was 4-0-0 U/A.
#12-02: A request from Vicki Michel for a variance from Article V, §220-32I to allow the construction of a deck within 8 feet of the property line where 15 feet is the minimum required. The property is located at 4 Joanne Drive, Tax Map 27, Lot 39, and is a pre-existing residential use in the CI District. The applicant is the property owner of record.
P. Boniface motioned, seconded by J. Allen, to grant the variance and the case was opened for discussion.
L. Ordway summarized the case noting the following:
- It is a very small, tenth of an acre lot.
- The deck will replace an existing set of stairs.
- The deck will run out 8 feet wide and 14 feet long the face of the house.
- They are being asked to vary 7 feet.
- There is no other place on the property for the deck to be built.
L. Ordway noted the motion was to grant.
There was no further discussion and the vote was 4-0-0 U/A.
#12-03: A request from Vicki Michel for a variance from Article IV, §220-20 to allow the construction of a deck less than 25 feet from the wetlands buffer where 75 feet is the minimum required. The property is located at 4 Joanne Drive, Tax Map 27, Lot 39, and is a pre-existing residential use in the CI District. The applicant is the property owner of record.
J. Ingerson motioned, seconded by P. Boniface, to grant the variance and the case was opened for discussion.
L. Ordway noted the motion was for granting the variance from Article 5.
L. Ordway summarized the request:
- There is a pond less than 20 feet away; you cannot do anything with the property and be within the 75 foot requirements.
- The Board went through the variance requirements; the variance was not contrary to public interest; it will be a benefit.
- The deck/posts will have no detrimental impact to wet lands.
- The spirit of ordinance is observed. Spirit of ordinance is to protect wetlands and protect run off.
Substantial justice is being done. Looking at granting variance to give owner full use of her property; denying owner would not give owner full use of her property. Substantial justice would be done by granting the variance.
The deck will increase property value.
- The hardship is in property itself because it is a tenth of an acre, is small and the hardship is in the land in this case.
There is no further discussion and the vote was 4-0-0 U/A.
J. Ingerson discussed a personal thought: she is concerned that the Board is not being supported administratively and suggested they sit down with the Town Manager and find out why.
There was no further business before the Board. The meeting was adjourned at 8:05 p.m.
Respectfully submitted by Laurie Pagnottaro.
Approved by the Planning Board on ______________________________________
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Larry Ordway, Chairman
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