These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Members present: Peter Conner, A. Wendy Longo, William Keohan, Michael Main, and Edward Conroy.
Member absent: Marc Betti and David Peck
Staff present: Peggy Fitzgibbons, and Paul McAuliffe
Mr. Conner called the meeting to order and explained the procedures for the evening.
Public Hearing
#3529 – KEVIN RYAN
Gniewek - 1119 Long Pond Road
Sitting: Peter Conner, A. Wendy Longo, William Keohan, Michael Main, and Edward Conroy.
Mr. Main read the legal advertisement into the record.
Attorney Jeffery Angley, representing the petitioner, said that the Gniewek’s are the owners of the property in question. There is one common driveway for the three lots that were created in 1984. An ANR plan was endorsed by the Planning Board to divide the 7± acres into three lots.
A 1963 plan identifies the structures on the property as a tool shed and building #2. In 1964 Betty and George Richards purchased the property and shortly thereafter converted the tool shed to a cottage. No building permits are on record in the Building Department. Building #2 (the camp) was used as a year round residential use. The 1962 by-law was violated in 1964 when the 2nd and 3rd structures were used as living units because the by-law did not allow for more than one residential structure on a lot. There is no limitation on violations for unlawful use.
Mr. Ryan purchased his home 5 years ago and has had problems with the renters ever since.
Attorney Winokur, representing the owner of the property, Mr. Gniewek, said the property was purchased in 1990 for retirement. Mr. Ryan purchased in 2004 and there have been no changes in the buildings since then. Mr. Ryan knew what was there when he purchased his home. Attorney Winokur reviewed pictures and documents that were submitted for the file.
No public comment was offered in favor.
Public comment offered in opposition.
Richard Serkey
Michael Jackson
Jeff Brown
Ray Gniewek
Attorney Jeffery Angley refuted the comments made by both Attorney Winokur and the public.
Hearing closed.
Public Hearing
#3530 – RICHARD BURT
148 Beaver Dam Road
Sitting: Peter Conner, A. Wendy Longo, William Keohan, Michael Main and Edward Conroy.
Mr. Main read the legal advertisement into the record.
Mr. Parker, Land Management Systems, said the petitioner would like to construct a deck on the rear of his home. The property is located on Beaver Dam Road. The deck will be 4.2’ from the property line.
No public comment was offered.
Hearing closed.
Public Hearing
#3531 – STEVEN M. AUSTIN
27 Great Wind Drive
Sitting: Peter Conner, A. Wendy Longo, William Keohan, Michael Main, and Edward Conroy.
Mr. Main read the legal advertisement into the record.
Mr. Parker, Land Management Systems, said the property is in West Wind Shores. A plan was done in 1963 that I misread. A neighbor was concerned because he believed that my measurements were wrong. The neighbor has the land staked and Russ Stefani found that I had made an error in staking. I looked at a 2 and read it as a 7. The house was constructed and it was discovered that the calculation error put the dwelling too close to the property line. The petitioner needs relief from the Board of Appeals to waive the side yard setback so the petitioner can get an occupancy permit for the dwelling.
No public comment was offered.
Hearing closed.
VOTES:
#3530 – RICHARD BURT
148 Beaver Dam Road
Mr. Conroy made a motion to approve Case No. 3530 with condition as stated in the Planning Board recommendation.
Mr. Main seconded.
Unanimously granted.
#3531 – STEVEN M. AUSTIN
27 Great Wind Drive
Mr. Conroy made a motion to approve Case No. 3531.
Mr. Main seconded.
Unanimously granted.
#3529 – KEVIN RYAN
Gniewek – 1119 Long Pond Road
A long discussion ensued regarding the conflicting information and plans.
Mr. Main made a motion to deny the petition of Mr. Ryan (Case No. 3529) thereby upholding the decision of the Director of Inspectional Services.
Mr. Conroy seconded.
Denied 4-1 Mr. Keohan opposed.
INFORMAL DISCUSSIONS
Mr. McAuliffe – Informed the Board that a MOU was received from the County regarding the gravel removal on the “Wood” lot. He spoke to Elizabeth Lane at Town Meeting and she is of the opinion that a special permit is needed. Mr. McAuliffe will speak to Melissa Arrighi regarding enforcement. This may have to wait until July because of the funds.
#3348R – Meharg and Black Cat Cranberry
Watercourse Road
Mr. McAuliffe – Informed the Board that he received a memo from Sid Kashi requesting the release of the road repair money and performance bond to make repairs to Watercourse Road. Mr. McAuliffe said he was concerned about releasing the performance bond because the condition of the permit directly ties the repairs to Billington Street and only after the project is complete. The release of the road construction money can only be authorized by the Board of Appeals.
A long discussion ensued regarding the road condition, the condition of the special permit and the ongoing projects.
The Board voted to send a memo to Paul McAuliffe requesting that he contact P. A. Landers to request that they fix the damage to the road their trucks are causing. Additionally, the Board voted to send a memo to Sid Kashi denying the release of the bond per the condition that the bond can only be used at the end of the project and must be used on repairs to Billington Street.
No further business came before the Board.
Respectfully submitted,
Peggy Fitzgibbons
Administrative Assistant
Approved 6/5/09
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