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Zoning Board of Appeals Minutes January 6, 2010
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, David Peck, Michael Main, Edward Conroy, William Keohan and Ryan Matthews.  

Member absent: Walter Kelley

Staff present: Peggy Fitzgibbons and Paul McAuliffe  

Mr. Conner called the meeting to order and explained the procedures for the evening.

Public Hearing    
#3567 – EDMUND CORVELLI
          16 Mandeville Avenue, Gurnet

Sitting: Peter Conner, Michael Main, Edward Conroy, William Keohan and David Peck.

Mr. Keohan read the legal advertisement into the record.

Mr. Flaherty, Flaherty & Stefani, Inc., representing the petitioner, said the petitioner owned two lots on the Gurnet.  The lots are subject to old zoning 20-10-10.  The petitioner requires relief for the front setback and to enlarge a non-conforming structure.  There are two small decks that the petitioner would like to demolish and construct a new deck 14 feet from the front setback.  Mandeville Avenue is a secondary roadway.  The new deck will be an open wood deck with a railing.   The deck will sit 24 feet from the travel way and 11 feet from the side lot line.

No public comment was offered.

Hearing closed.
VOTE:

Mr. Main made a motion to grant Case No. 3567 with condition as stated in Planning Board recommendation.

Mr. Conroy seconded.

Granted unanimously.

Public Hearing    
#3568 – ALBERT WHITE
          Lois Street

Sitting: Peter Conner, William Keohan, Edward Conroy, Michael Main and David Peck.

Mr. Keohan read the legal advertisement into the record.

Mr. Bennett, Bennett Engineering, representing the petitioner said that the Planning Board recommendation says it all.  The conditions are okay with the Petitioner with the exception of the permitting timeline on the roadway improvements.  The Petitioner request that the road improvements be completed prior to the issuance of an occupancy permit not a building permit.

A discussion ensued between the Board and Mr. McAuliffe regarding the timeline on the roadway improvements.  

Mr. McAuliffe stated that he would like the road work done prior to a building permit not an occupancy permit.

No public comment was offered in favor.

Public comment offered in opposition.
Earl Burgess
Christine Sampson
Bob Coppage
Bill McGinnis
Kate George
Duncan McCloud
Albert Bouchard
John Grady
Joe Sullivan

Mr. Bennett in closing said that the petitioner would not make the drainage worse.
Hearing closed.

Public Hearing
#3569 – RONALD J. FERIOLI
          Federal Furnace Road
Sitting: Peter Conner, William Keohan, Edward Conroy, Michael Main and David Peck.

Mr. Keohan read the legal advertisement into the record.

Attorney Betters, representing the petitioner, said the building is located on Federal Furnace Road and over the years has been used by the owner as a shop for fabrication of cabinets, doors and window frames for his construction company.  Brenner Signs would like to lease the building for a sign shop.  One of the overhead garage doors will be removed and two house type windows will be installed.  There are three employees.  In addition to signs the business does vehicle and boat lettering.  The hours of operation are 8 a.m. – 5 p.m. Monday through Friday.  There are two signs proposed that are not part of the petition because the signs will meet the requirements of the By-law and are allowed.
A discussion ensued regarding the signs and landscaping for the site.

Mr. Brenner said that he would make the lot appealing to the public.

No public comment was offered in favor.

Public comment offered in opposition.
Mike Darbyshire
Jason Silva

Attorney Betters, in closing, said that this building has been used for more than a storage facility.  The signs are not part of the petition.  Any signs would meet the requirements of the By-law or the petitioner would have to return for a special permit.

Hearing closed.
VOTES:

#3568 – ALBERT WHITE
          Lois Street

A very long discussion ensued regarding the drainage, plans and the paving of the 200’ of Lois Street. The Board was of the opinion that the plans did not depict enough information regarding the contours, grading, or the improvements proposed to the roadway.  The roadway improvements should be to the area where the water flows down Amos Hill Lane.  

Mr. Main made a motion to deny Case No. 3568 without prejudice.

Mr. Keohan seconded.

Unanimously denied without prejudice.

#3569 - RONALD J. FERIOLI
        Federal Furnace Road

A discussion ensued regarding the entrance off Federal Furnace and the landscaping in front of the building and around the fenced area in the back of the building.

Mr. Main made a motion to approve with five (5) conditions.

Mr. Peck seconded.

Granted 4-1 Mr. Keohan opposed.
 
Mr. Conner said that the Board would be entering into Executive Session to discuss pending litigation and would not be returning to open session.

Roll call vote to enter Executive Session.
Mr. Conroy – yes
Mr. Main – yes
Mr. Peck – yes
Mr. Keohan – yes
Mr. Conner - yes

No further business came before the Board in open session.

Respectfully submitted,



Peggy Fitzgibbons
Administrative Assistant
Approved 1/19/10