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Date: March 9, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, Vern Jacob, Charles Amsler, Jeffrey Stuart, Bruce Drucker, Robert Hankey, William Nicholson and Christine Bates, Committee Secretary.
Regrets: Sibel Asanturgrul
Chair Pontbriand called the meeting to order at 7:00 pm.
7:00 pm: 06-03 Kevin J. Doherty/Marcia T. Allen, 54 Hiller Avenue, Map 20, Parcel 68: Application for a Special Permit under WZB 6.1.5: Replace existing garage with a one story structure to include a bedroom, bathroom, and storage area. (Continued from 01/26/06). Trevor Pontbriand read a letter from Kevin J. Doherty dated 03/01/06 requesting a withdrawal without prejudice. Pontbriand moved to allow the applicant to withdraw without prejudice; seconded by William Nicholson; passed 7-0.
7:03 pm: 06-07 Richard Bailey, 190 Chequessett Neck Road, Map 12, Parcel 297: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit: Make renovations to existing cottage on property to provide for a two bedroom dwelling. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. Nicholas Watkins represented the applicant. He stated the applicant wants to add a second floor to the existing cottage and convert the structure to Affordable Housing. A disposal works construction permit dated 1996 was entered into the file which restricts the lot to only two bedrooms. Marian Bowers, an abutter, stated the cottage was built by her family and has always contained
two bedrooms. She stated that the main house has two bedrooms as well, and opposes any additional building on the lot. She questioned if the owner could live in the cottage and rent out the main house. Denny O’Connell stated the owner could occupy the cottage himself if he qualified under the Affordable Accessory guidelines, and also rent the main house at market rates. Ron Bosworth, nephew of the applicant, stated the proposed dormer would extend out from the pitched roof and would be a minor change. Another abutter (Geraldine) questioned how the existing structures are classified. Building Inspector Paul Murphy stated that he views the cottage as a garage, which is accessory to the main house. Pontbriand recommended Nicholas Watkins talk with the Health Agent regarding the septic requirements and to clarify the number of bedrooms allowed on the property. Trevor Pontbriand moved to continue to April 13, 2006; seconded by Robert
Hankey, passed
5-0.
7:12 pm 05-08 Mark and Mary Berry, 633 Rouite 6, Map 42, Parcel 72: Amend Special Permit 05-08 to allow year round use of the condominium units and/or a Special Permit under 6.1.1 to allow intensification of non-conforming use. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Vern Jacob. Attorney Ben Zehnder represented the applicant. He stated the Special Permit granted in April 2005 for the condominium conversion was for seasonal use, with the exception of the main house. The cottages were built in 1945 and 1952, which predate zoning by-laws. They are requesting an alteration to one of the findings for an amendment to the Master Deed to allow year-round use. He cited previously approved Special Permits for
year round use (Ennis and Kelley).
A letter from John Nordahl dated 03/06/06 objected to the proposal. A letter from Matt McPartland dated 03/06/06 also objected. Andy Koch, an abutter in the audience, asked the following questions: 1) What is the reason for making them year round; 2) He stated he is on the Herring River Technical Committee which is trying to clean up the water in the Town, and stated this property abuts wetlands and had concerns with the septic; 3) he had heard all the condo units could be year round; 4) if this is affordable housing, will the cottages be sold to those with limited income and is there a lottery or will they sell for maximum dollars; and 5) he knows the Berry’s want to sell the main house in which they reside. Nate Johnson, a shell fisherman, expressed concern that if the Board allows one
condominium village to be year round, all the other condominium villages will want to do the same and he has a concern regarding his livelihood, as well as other shell fishermen due to nitrates and coli form in the bay. Denny O’Connell of the Planning Board, stated the Planning Board had considered changing the zoning bylaw removing the restrictions on cottage colonies converting to condominiums but the Planning Board has decided to defer this decision because there are too many issues to consider. He stated as a resident, he is opposed to changing the use to year round.
Zehnder disagreed with O’Connell regarding bylaw 6.11. He stated the property has a Title 5 septic system which will not affect the water quality in the area. The public water supply is tested monthly. He feels the condo’s will not be used as much in the summer if the owner’s have the ability to spread out the use over a year. Mark Berry stated the units still need to be made into year round units. The buildings cannot be increased in size, and he is not asking for affordable housing; however, they would contribute to year round housing.
Jeffrey Stewart moved to refer the application to the Planning Board and Board of Health to review the previous decision as well as previous and current by-laws; seconded by Vern Jacob. After further discussion, Stewart moved to amend his motion to include a continuation to date certain April 13, 2006; seconded by Vern Jacob; passed 5-0.
7:48 pm: 06-09 Jean C. Bessette, Lee Ann Fanning, Dorrit Bimbi Jacob, (Bank Square Condominium), Bank Street, Map 14, Parcel 182: Application for a Special Permit under WZB 6.11 to convert existing retail space with four units into the same number of retail units under the condominium form of ownership. The Board for this hearing consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Bruce Drucker. Attorney Ben Zehnder represented the applicants. He stated the existing property is used for retail stores, and the application is to change to a condominium form of ownership. There will be no change in the use. He stated that historically there have been five (5) or six (6) shops on the property. He distributed updated
language changes to the condominium documents which included Article III, Section 3.1 of the Declaration of Trust and Article VI, Section 6.11 (b) of the Declaration of Trust. A letter from the Planning Board dated February 16, 2006 was read which stated that they had no comments or concerns. A letter dated March 3, 2006 from Town Counsel was read stating that the documents provided are satisfactory. The Board of Health verbally stated the documents were satisfactory (letter to be added to file). Jeffrey Stewart questioned if the application had been filled out properly. After reviewing the application, the Board was satisfied that the plans identify six shops and four condominium units. Further discussion took place regarding the need to forward the application to the Planning Board and Board of Health. It was determined it was not necessary because the proposed conversion only affects ownership. Trevor Pontbriand moved to amend the
application to read under Section 4: “The Petitioners wish to convert existing retail space into four (4) units under the condominium form of ownership”; seconded by Robert Hankey, passed 5-0. Trevor Pontbriand moved for Findings of Fact:
1. The proposed use of the premises does not substantially change the then existing use of the premises
2. The proposed condominium documents (e.g. Master Deed, Declaration of Trust, By-law, Rules and Regulations, etc.) explicitly define the proposed use of the units.
3. The condominium documents are written with proper management authority to insure maintenance and repair of public health and safety aspects (e.g. water lines, sewage facilities, etc.) of real property being converted. Each such special permit shall provide that the condominium documents may not be changed so as to alter the three (3) findings required by the preceding sentence without first obtaining a special permit from the Board of Appeals permitting such alteration.
4. The Board of Appeals sought the advise of the Board of Health, Planning Board and Town Counsel and there was no objections.
Robert Hankey seconded the Findings of Fact. Trevor Pontbriand moved to grant a Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Other Business
Denny O’Connell, Chair of the Planning Board, requested time for them to express their concerns over the granting of a Variance in Case 06-01, Joseph and Claire Sibilia, 185 Indian Neck Road, as reflected in the Planning Board’s letter of February 16, 2006. He acknowledged that the ZBA could not rescind its’ decision; however, they felt the conditions on the property were self-imposed and that no variance should have been granted. Pontbriand stated he was happy to listen to their opinions, but did not want to re-hear the case. David Rowell pointed out some of the history of the property regarding grade measurements when built, location within the flood plain, and the height of the building. He emphasized the property is a non-compliant structure, not a non-conforming structure. He stated he would like the Planning Board and ZBA to work closer regarding this type of application. Gerry Parent expressed his concern regarding the hearing, as well as the by-laws as they are
written. He stated he felt the Board should have spent more time on this case. Peter Watts recommended the two Boards work together on variance cases. Jeffrey Stewart reminded the Planning Board that the meeting was posted in the newspaper, at Town Hall and on the Town Web site two weeks prior to the hearing and some of the issues expressed could have been raised at the hearing had any Planning Board members attended. Discussion took place as to whether Variance Requests should be sent to the Planning Board for their review. No formal decision was made.
Case 04-8, Rodolphe G. Bessette (Exxon/Mobil Station), 2683 State Highway, Map 15, Lot 129: In a letter received March 01, 2006, Bessette requested an extension for twelve months to complete the proposed project. Paul Murphy, Building Inspector, stated the Board could grant an extension. Jeffrey Stewart moved to grant an extension for 12 months, changing the final date of July l7, 2006 to July 16, 2007; seconded by Trevor Pontbriand; passed 7-0.
Meeting Minutes:
Trevor Pontbriand moved to approve the meeting minutes of January 12, 2006; seconded by Robert Hankey, passed 5-0.
Trevor Pontbriand moved to approve January 26, 2006 meeting minutes as presented; seconded by Bruce Drucker; passed 5-0.
Robert Hankey moved to approved February 9, 2006 meeting minutes; seconded by William Nicholson; passed 5-0.
Trevor Pontbriand moved to adjourn the meeting at 8:45 pm; seconded by William Nicholson; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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