Minutes of Zoning Board of Appeals Public Meeting
Date: February 14, 2008
Time: 7:00 PM
Attendees: Bruce Drucker, Roger Putnam, , Manny Heyliger, William Nicholson Robert Hankey Don Palladino, Vern Jacob and Christine Bates, Committee Secretary
Regrets: Trevor Pontbriand
Vice Chair Bruce Drucker called the meeting to order at 7:00 p.m. and gave an overview of the hearing process.
Public Hearings: 7:00 pm
08-02 Black, 85 Chequessett Bluff Rd., Map 19, Parcel 138: Application for a Special Permit under WZB 6.1.5.1.b to add a deck with awning. The Board consisted of Bruce Drucker, William Nicholson, Robert Hankey, Don Palladino, and Vern Jacob. Brandon Sackett of Architect Studio gave an overview of the project and provided the various setback issues and stated the awning would be made of retractable fabric. Nicholson suggested removing the concrete patio pad for water drainage purposes. Sackett stated he is aware of the two previous hearings on this property. Bruce Drucker moved for Findings of Fact:
The house is a preexisting nonconforming structure having been built in 1965 according to the Assessor’s office.
The house is nonconforming due to the intrusion of the house into the setbacks and because it is an undersized lot.
There will be no increase in use.
There will be no change in use.
The application is subject to the approval of the Conservation Commission.
The application is for a deck with a seasonal awning and there is no proposed change to the house itself.
The east line of the deck will be a continuation of the east line of the house and will not intrude into the setback any further than the existing house.
The proposed deck and seasonal awning is not substantially more detrimental to the neighborhood than the existing structure.
Robert Hankey moved the findings; William Nicholson seconded; passed 5-0.
Bruce Drucker moved to approve the Special Permit based on the Findings of Fact with the following condition:
The existing concrete padding be broken up and removed from the premises.
Seconded by Robert Hankey, passed 5-0.
Other Business
Denny O’Connell and Jerry Parent requested the Planning Board and Zoning Board of Appeals exchange opinions from Town Counsel. O’Connell stated the letters and advice the ZBA receives from Town Counsel would be very instructive to the Planning Board for discussion and any further changes to the bylaws. There was discussion regarding confidential information which could affect the outcome of hearings and appeals. Drucker stated he is concerned other boards in Town would have information prior to an applicant. The Board of Selectmen are already copied on all correspondence. It was determined that Mary Rogers and Christine Bates, Committee Secretaries, would exchange any Town Counsel Opinions. O’Connell stated Town Counsel’s determination on restaurants in the
Central District have made the Planning Board think about our bylaws
Jerry Parent stated many of the town’s bylaws were written in 1976, and it is apparent they need to be reviewed and updated.
Building Inspector Paul Murphy questioned if anyone knew about the van sitting along side of Rte 6 with ‘Green Concierge” being advertised. A member of the Board stated the van was not on the owner’s property. He stated he was going to investigate it.
Roger Putnam suggested we write a letter stating we were in receipt of the letter from George Price of the National Seashore. Denny O’Connell gave an overall review of the Selectmen’s meeting regarding houses in the National Seashore and the size that could be allowed. Drucker stated there is no current application and the Board should not be giving advice or opinions at this time with regard to Price's letter. O’Connell stated he has been researching National Seashore issues with the Town. Jerry stated the National Seashore has guidelines and does not have bylaws that would hold up in individual towns. He stated the National Seashore would like to see the towns come up with a zoning bylaw that they are happy with, restricting the size of houses, the size of lots, etc.
In response to concerns raised by Putnam concerning the prompt approval of meeting minutes, Drucker recommended reviewing the meeting minutes on 02/27/08 before the site visit.
William Nicholson moved to adjourn at 7:55; seconded by Robert Hankey,
passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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