Minutes of Zoning Board of Appeals Public Meeting
Date: January 24, 2008
Time: 7:00 PM
Attendees: Trevor Pontbriand, Roger Putnam, , Manny Heyliger, William Nicholson Robert Hankey Don Palladino, Vern Jacob and Christine Bates, Committee Secretary
Regrets: Bruce Drucker
Chair Pontbriand called the meeting to order at 7:00 p.m. and gave an overview of the hearing process.
Public Hearings: 7:00 pm
08-01 Domenech, 70 School St., Map 13, Parcel 86, Request for Special Permit under WZB 6.1.5.1 to build 22 sq ft of additional decking. The Board consisted of Trevor Pontbriand, William Nicholson, Robert Hankey, Don Palladino and Roger Putnam. Richard Lay represented the applicant and gave an overview of the project, stating this application was approved in 2004 for additions to the dwelling and now the applicant is requesting 22 square feet for additional decking to the project. A building permit was granted; however, the Order of Conditions for a Notice of Intent from the Conservation Commission had expired and a cease order was issued.
There is no change in lot coverage. Trevor Pontbriand moved for Findings of Fact:
1. There is no significant increase in use.
2. The majority of the proposal was previously approved with Special Permit 04-34.
3. There are no objections from abutters.
4. The permit had been exercised by the petitioner and some construction has been done.
5. There will be no further intrusion into the setback.
6. There will be no increase in lot coverage.
Robert Hankey moved the Findings of Fact; seconded by Trevor Pontbriand, passed 5-0. Robert Hankey moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam, passed 5-0.
7:15 pm
93-02 Caulfield, 1500 State Highway (Route 6), Map 30, Parcel 29: Application to amend Special Permit 93-02 to delete Condition #3 which states “There is to be no parking or outside storage on the north side of the building, as indicated on the plan”.
(Cont’d from 01/10/07) The Board consisted of Trevor Pontbriand, William Nicholson, Manny Heyliger, Don Palladino, with Roger Putnam replacing Bruce Drucker. The draft meeting minutes of 01/10/08 were read into the record. Pontbriand read the correspondence between Town Counsel and the applicant’s attorney regarding the Board’s capability to change conditions on an already approved plan. A letter dated 01/21/08 from the Sharp’s was also read into the record opposing the elimination of Condition 3. Frank Caulfield gave an overview of his application and stated he is requesting maintaining the number of parking spots he was granted in the original Special Permit. He read a letter dated January 28, 1993 from the Planning Board. He then read the decision
of the ZBA from the approved 93-02 hearing, pointing out the Finding of Fact #3. He stated 8,000 square feet of parking would be lost to his business if the Board stands by the decision of case 07-37 upholding the Building Inspector’s determination of parking spots and be reduced to 2,400 square feet. He presented a picture of the site taken in 1993, which identifies the wooded buffer areas and the parking spots. Pam Poindexter, abutter, stated some of Caulfield’s statements were not relative to the case. She stated she does not want to have his business impacted, but does not want the parking spaces used for storage other than the auto business. She stated there is a wooded area surrounding his property; however, some parts are thin and you can see through to the parking area. Caulfield referred to the July 2007 Building Inspector’s letter several times. Pontbriand stated the issue of the appeal of the Building
Inspector is complete and the Board is currently addressing the amendment to condition #3 of Special Permit 93-02. Caulfield did not provide a new site plan identifying the parking spots as requested at the 01/10/08 hearing. Pontbriand requested another plan by an engineering firm identifying the number of parking spots required to run his business, as well as identifying those lost due to the Conservation Commission restrictions. Caulfield again stated he is looking for relief to gain back the parking on the north side of the building. Attorney Ben Zehnder, from the audience, stated there has to be compromises with the commercial areas because there are residential homes in the same area. He stated our bylaws do not prohibit the storage of boats on commercially zoned properties. Pontbriand stated we are to look at this request as a new application, and new findings and conditions can be set. Pontbriand moved to continue to February 28,
2008; seconded by Vern Jacob; passed 5-0.
7:50 pm
07-41 Coser (Captain Higgins Restaurant), 250 Commercial St., Map 21, Parcel 106, Application for a Special Permit under M.G.L. 40A, Section 6 to increase the use by adding roofing over decking, build walk-in refrigeration unit, and build a second floor deck. (Cont’d from dateYear2008Day10Month101/10/08). Attorney Ben Zehnder represented the owners of the property and Dana Heilman and Steve Swain, developers, came to the table. The Board consisted of Trevor Pontbriand, William Nicholson, Manny Heyliger, Roger Putnam, and Don Palladino replacing Bruce Drucker. Pontbriand read the draft meeting minutes of 01/10/08 as well as the opinion from Town Counsel dated 01/16/08 regarding what bylaw the application is filed under Letters of support from Jane Scherer
received on 01/24/08 and Brad and Lorna Kaplan dated 01/21/08 were read into the record. Roger Putnam stated the business has not had a business license since 2005 and feels the owner should get the licenses in place. Attorney Zehnder stated a formal letter had been sent to the Building Inspector regarding the issue of abandonment and Paul Murphy rendered a decision it was not abandoned. Murphy stated he had read correspondence dating back three years regarding the property, the owners went before the Conservation Commission and the Board of Health to receive approval on septic requirements and conservation issues. He made the determination that steps were taken to keep the use alive. Zehnder stated the owners applied to the Selectmen for their licenses and were approved but did not act upon them this past year. Pontbriand read Paul Murphy’s letter to Zehnder dated 10/17/07 identifying his reasons for not considering this as abandoned.
Zehnder gave an overview of the new plans, identifying the removal of the proposed roof over the decking, reducing the lot coverage, and the adjustment to the lot line which alleviates the setback issue for the walk-in refrigeration unit. He stated there is a small encroachment for the walk-in deck of approximately one foot.
Scott Horsley, Environmentalist, stated the proposed alterations to the building could be used as a model for Cape Cod due to the “smart growth”, low impact development project. He stated the proposed septic system will exceed state requirements, the rain water reuse collection, permeable driveway, solar energy, and waste recycling proposals are standards other establishments and buildings should consider. It was reiterated there will be no change in the number of seats. Further discussion took place regarding the finding that the project is not more substantially detrimental to the neighborhood, as filed under 40A, Section 6. Pontbriand moved for Findings of Fact:
1. The existing lot is nonconforming due to area.
2. The existing structure is nonconforming due to intrusions into the front and rear setbacks.
3. There will be a minor increase in lot coverage due to the proposed walk-in cooler.
4. There will be a minor further intrusion into the west setback due to the proposed walk in cooler.
5. The proposed roof deck will add to the total area for seating patrons, however the number of seats will not be increased.
6. There will be no increases in use.
7. There will be a volumetric increase of the structure within the setbacks.
8. The proposal is designed is lessen the environmental impact to the project.
9. Therefore, the proposed alterations are not substantially more detrimental to the neighborhood than the existing nonconformity.
Trevor Pontribiand moved the Findings of Fact as written; seconded by William Nicholson; passed 4-1. Trevor Pontbriand moved to grant a Special Permit based on the Findings of Fact with conditions:
1. The applicant will make every effort to implement the “low impact development techniques as outlined in the application. Seconded by William Nicholson; passed
4-1
Other Business
Trevor Pontbriand moved to approve the October 11, 2007 meeting minutes as written, seconded by Don Palladino; passed 5-0.
William Nicholson moved to approve the October 24, 207 business meeting minutes as written; seconded by Vern Jacob; 5-0.
Trevor Pontbriand moved to approve the October 25, 2007 meeting minutes as written; seconded by Manny Heyliger; passed 6-0
William Nicholson moved to approve the November 8, 2007 meeting minutes as written; seconded by Don Palladino; passed 5-0.
Trevor Pontbriand moved to adjourn at 9:20 pm; seconded by William Nicholson; passed 7-0..
Respectfully submitted,
Christine Bates
Committee Secretary
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