Minutes of Zoning Board of Appeals Public Meeting
Date: May 11, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, Vern Jacob, William Nicholson, Sibel Asantugrul, Charlie Amsler, Bruce Drucker, Robert Hankey, and Christine Bates, Committee Secretary.
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the hearing process.
7:00 pm 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 (Cont’d 03/09/06). A letter dated May 8, 2006 was received from Mr. Bailey requesting his application be withdrawn without prejudice. Robert Hankey moved to approve the withdrawal without prejudice; seconded by Trevor Pontbriand; passed 8-0.
7:05 06-16 Lawrence & Karen Goldberg, 75 East Hill Road, Map 29, Parcel 445: Application for a Special Permit under WZB 6.1.5.2b to construct a small deck within setback (Cont’d from 04/13/06). Chet Lay of Slade Associates, Inc. represented the applicant. The meeting minutes of 04/13/06 were read into the record. The Board remained the same with Trevor Pontbriand, Jeffrey Stewart, Sibel Asantugrul, Bruce Drucker and Vern Jacob. Elevation plans were provided. Building Inspector Paul Murphy stated the pool and decking were properly permitted. The proposed decking will be creating a new non-conformity. Discussion took place among the Board members that the decking could be located in another location or be built as a wrap around
deck so as not to create a new nonconformity within the setbacks. Chet Lay requested a continuation to May 25, 2006 to discuss the options with the applicant. Trevor Pontbriand moved to continue to May 25, 2006; seconded by Bruce Drucker; passed 5-0..
7:35 06-18 Gary & Margaret Ender, Samoset Ave., Map 28, Parcel 104: Application for a Special Permit under 6.1.5.1 to construct wooden deck within setback. A site visit was made. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Sibel Asantugrul. Chet Lay represented the applicant. Mr. Lay stated the project was approved by the Conservation Commission. The project involves replacing the concrete steps with wooden steps. Abutter David Wright sent a letter to the ZBA stating he had no objection to the proposal and requested no lighting illuminate the shoreline. Pontbriand moved for Findings of Fact:
1. The existing lot is nonconforming due to lot size and frontage.
2. The existing structure is nonconforming due to side setback violations.
3. There will be no increase in use.
4. There was no objection from abutters.
5. There will be no increase in lot coverage.
6. There will be a minor further intrusion in the north side setback of 1.2 feet.
Pontbriand moved to accept the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Pontbriand moved to grant the Special Permit based on the Findings of Fact with the following conditions:
1. If a railing is constructed on the outside perimeter of the deck, it will not be higher than 36 inches.
2. The deck will be the same height as the deck on the west side.
Robert Hankey seconded the motion; passed 5-0.
Other Business
Jeffrey Stewart moved to approve the March 23, 2006 meeting minutes with amendments; seconded by Trevor Pontbriand; passed 8-0.
Trevor Pontbriand moved to approve the meeting minutes of April 13, 2006 as presented; seconded by Bruce Drucker; passed 5-0.
The Board discussed the following issues:
1. Charlie Amsler wanted to discuss the 25% lot coverage requirements for commercial properties. The Board determined this is a Planning Board issue and we would take it up again at a later date.
2. Signing letters / forms: Trevor Pontbriand, Chair, will be able to sign letters on behalf of the Board. Any future liquor license forms will be returned to the Board of Selectmen. It was the Board’s and Building Inspector’s agreement that the ZBA has nothing to do with Liquor Licenses. Any other forms directed to the ZBA will be brought to the attention of the entire Board prior to signing.
3. Special Permits – granted to applicant, business or property (commercial): After debating the issue, the consensus was to issue to the property (map and parcel). Christine Bates will conduct a survey of other towns.
4. Bruce Drucker suggested we request the applicants prove there is a hardship (particularly money) when an applicant states they have no alternative to their request, but the Board sees an alternate. Sibel Asantugrul felt the ZBA should not get involved in hardship issues.
5. Based on several different cases the Board has heard recently, Vern Jacob requested a discussion regarding when we approve/disapprove a special permit on setbacks. Each case is heard on a case by case basis.
6. Trevor Pontbriand stated he reviews all applications when they come in. Christine Bates will forward the application and instructions given to applicants to Board members for their review and input in helping both the applicant and the board get the proper information required.
7. Jeffrey Stewart requested a discussion be held regarding condominiums / cottage colonies year round use. Paul Murphy, Building Inspector, stated if there is a change in use (year round use versus seasonal), people will have to come before the ZBA. He stated people can renovate their buildings, but if he becomes aware they are using the buildings during the off season November 1 through April 1), they would have to come before the ZBA.
Trevor moved to adjourn the meeting at 8:45 pm; seconded by Jeffrey Stewart, passed 8-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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