Minutes of Zoning Board of Appeals Public Meeting
Date: May 10, 2007
Time: 7:00 PM
Attendees: Trevor Pontbriand, Vern Jacob, Robert Hankey Charles Amsler, Bruce Drucker, Roger Putnam, William Nicholson and Christine Bates, Committee Secretary.
Regrets: Jeffrey Stewart
Chair Pontbriand called the meeting to order at 7:03 p.m. Pontbriand gave an overview of the hearing process.
Public Hearings:
7:05 pm 07-19 Brooks, 150 Commercial Street, Map 21, Parcel 87: Application for a Special Permit under WZB 6.1.5.1 to restore front porch. The Board for this hearing consisted of Trevor Pontbriand, Robert Hankey, Bruce Drucker, William Nicholson and Charlie Amsler. Ms. Brooks gave an overview of the project. She wants to construct a porch to match one that existed on the house originally. She stated this is a registered historic house. Historic photographic evidence was produced that clearly showed the porch in existence. The front setback in the Central District is 25,’ which the proposed porch would extend into. Pontbriand recommended she reduce the size of the porch to 7 feet instead of 8 feet. Ms. Brooks agreed the porch will be reduced to
7 feet.Pontbriand moved for Findings of Fact:
1. The property is pre-existing non-conforming due to lot area, frontage, and setback violations.
2. This is a registered historic dwelling and the addition of the porch will restore a significant historical element of the building.
3. The porch will not extend into the front setback; although the steps down will.
4. There will be no change or increase in use.
5. There was no objection from abutters
Robert Hankey moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0.Pontbriand moved to grant a Special Permit based on the Findings of Fact; seconded by Amsler; passed 5-0.
07-18 pm 07-15 Nickerson Lumber placeCo., 45 Commercial Street, Map 15, Parcel 102: Application for a Special Permit under WZB 5.3.2 and Flood Plain Exemption for the installation of two lumber storage racks within a paved surface yard. The Board consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, Bruce Drucker, and Roger Putnam. Duane Landreth, Attorney, represented Nickerson Lumber as well as Gary Hague, an employee. Landreth gave an overview of the project. Landreth stated there will be a continuous concrete slab along the lumber rack located in the front and there will be three shelves every five feet, with a roof. Hague stated this will improve the entry access to the property and improve serviceability by utilizing a forklift. The color
of the racks will be battleship gray. Landreth stated this is a pre-existing, nonconforming property. Landreth identified elevations in the flood zone. He stated the lumber would now be at a height so as not to float away if there were flooding in the area. The Conservation Commission approved the project. Landreth stated he would have the racks moved back two feet in order to stay out of the front setback. Pontbriand noted the width of the concrete slab is 10', and the overhang of the roof is approximately 1½' wider, which would affect the setback location. Hague stated they would decrease the size of the roof. The Board requested a revised plan showing the new location of the front racks, a drawing showing the current elevations of the buildings, and a drawing showing what the racks would look like (and/or similar materials from the supplier). Amsler expressed concern with the visual impact of the racks on Commercial
Street. Pontbriand moved to continue to 05/24/07; seconded by Putnam; passed 5-0. Hague came back to the Board and requested the hearing be continued to 06/14/07; Pontbriand moved to continue to 06/14/07; seconded by Drucker; passed 7-0.
Other Business:A letter from Kopelman and Page dated 4/17/07 regarding the Zelinski court case was reviewed by the Board. It stated that the Court had upheld the ZBA's decision.
A letter of resignation, effective 6/30/07, from Charlie Amsler, was read into the record.
Roger Putnam moved to approve the meeting minutes of 04/26/07; seconded by Charlie Amsler; passed 5-0.
Paul Murphy, Building Inspector, discussed issues with the landings, decks, and stairs for the replacement trailers at Harborside Village. The conditioned lot coverage for each trailer was 840 square feet; however, the trailers require two egresses, which includes landings and stairs. Murphy will contact the Harborside Village Cooperative and request the Association remedy the problem.
Trevor Pontbriand moved to adjourn at 8:20 pm; seconded by Bruce Drucker; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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