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Zoning Board of Appeals Minutes October 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, William Keohan, Edward Conroy, Ryan Matthews and James Simpson

Staff present:  Marilyn Byrne   

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

Public Hearing
#3602 – Jody Pugh
            74-76 Camelot Drive

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

Mr. Keohan read the legal advertisement into the record.

Ms. Pugh represented herself and is requesting a Special Permit in order to run an indoor cycling studio, which will offer 20 stationary spinning bikes and be open 7 days a week. The only exterior alteration will be a sign portraying the studio logo with two pendant lights 6 feet long by 3 feet tall, which complies with the zoning requirements.

There was no public comment offered.

 Mr. Main motioned to approve. Mr. Keohan seconded. Approved unanimously (5-0)

Public Hearing
#3598 – Secured Realty, LLC (British Beer Co.)
             State Road and County Road

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

Mr. Matthews recused himself from the hearing.

Mr. Keohan read the legal advertisement into the record.

Atty. Edward Angley represented the petitioner and explained that this is a special permit for a drive up window only. There will be no eating facility. William Shaw, Associated Engineers,  presented their site plan showing the pedestrian access by way of a walking path and sidewalks.

Public Comment in Favor:  Steven Striar

Public Comment in Opposition:  None

Mr. Main motioned to grant Case No. 3598 with Conditions. Mr. Conroy seconded. Granted unanimously (5-0).

“Continued”  Public Hearing
#3586, 3588, and 3589 – Thomas Donovan
                                        19 and 23 Cape Cod Avenue and 33 Brush Hill Road

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

Mr.Keohan read the legal advertisement into the record.

Steve Kotowsky representing the petitioner, presented updated site plans in order to rebuild three nonconforming structures and is seeking relief in order to waive the front and side setbacks. The petitioner originally requested Special Permits for 4 dwellings but agreed to go down to 3 dwellings at the first public hearing. Mr. Kotowsky’s plans are in keeping with the cottage style neighborhood.

Public comment in favor:  Thomas Donovan

Public comment in opposition:  Eileen Collins

David Peck motioned to Grant Cases #3586, 3588 and 2589 with Conditions.  Mr. Main seconded. Mr. Keohan opposed. Mr. Keohan requested a “Continuance”.

Approved 4-1.

Public Hearing
#3599 – James Deeb
             Saquish Beach

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

Mr. Matthews recused himself from the hearing.

Mr. Keohan read the legal advertisement into the record.

Atty. Rosenberg, from the Law Firm of Winokur, Winokur, Serkey & Rosenberg,  represented the petitioner. He called Mr. Deeb up to the podium who acknowledged that he was wrong to do renovations without the benefit of building permits. The Building Department issued a cease and desist order last fall which resulted in no further work being performed on the house. William Shaw, Associated Engineers, passed out a revised plan explaining that the Building Commissioner is requiring an additional two feet above the flood elevation.

Public Comment in Favor:  Mr. Deeb

Public Comment in Opposition: Steve Kayter, Joanne Jenness, Mike Jenness, Peter Gray, Mike Lopriore, Peter Endicott.

Mr. Main motioned to approve Case #3599. Mr. Conroy seconded. Mr. Conner was in favor of approving and 4 voted to deny. DENIED (4-1).

No further business came before the Board.

Respectfully submitted,

Marilyn Byrne
Administrative Secretary