TOWN OF
ZONING BOARD OF APPEALS
MEETING MINUTES OF
MEETING HELD IN TOWN
Members Present: Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard.
Members Absent: Keith Amato
(excused).
Others Present: Russ Braun (
Chair Patrick Eleey called
the Work Session to order at
PENDING
DECISIONS:
Patrick
Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on
the case. Patrick Eleey read the decision. Amy Germain moved to accept the language as written, Anne Howard seconded
and it was so voted, 5-0.
MINUTES:
Manager
Patrick
Eleey, Robert Littlefield, Amy Germain, Keith Amato and Anne Howard sat on the
case. Robert Littlefield read the decision. Patrick Eleey moved to approve the language as written, Anne Howard seconded
and it was so voted, 4-0-1 (Keith Amato absent).
Anne
Howard, Elisabeth Verde, Robert Littlefield, Amy Germain and Keith Amato sat on
the case. Robert Littlefield read the decision. Anne Howard moved to approve the language as written, Amy Germain
seconded and it was so voted, 4-0-1 (Keith Amato absent).
The
applicant seeks a Special Permit under Article 2, Section 2440A, footnote 8 and
Article 3, Section 3340E of the Zoning By-Laws to construct 20 rental units in
6 buildings on a 1.62 acre lot, and to request a deviation from the
neighborhood average in building scale for 2 of the 6 buildings.
The
applicant seeks a Special Permit under Article 2, Section 2440A, footnote 8 and
Article 3, Section 3340E of the Zoning By-Laws to construct 15 units in 5
buildings on a 1.05 acre lot, and to request a deviation from the neighborhood
average in building scale for 2 of the 5 buildings.
The applicant requested
to withdraw these two cases without prejudice.
Amy Germain moved to accept the withdrawal
without prejudice, Anne Howard seconded and it was so voted, 4-0-1 (Elisabeth
Verde abstaining).
Chair
Patrick Eleey postponed the Work Session at
PUBLIC HEARING
Chair
Patrick Eleey called the Public Hearing to order at
CONTINUED
CASES:
The
applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning
By-Laws for the alteration and extension of a pre-existing, non-conforming
three unit multiple single-family dwelling complex by the addition of a fourth
dwelling unit. Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain
and Anne Howard sat on the case.
Chair Patrick Eleey read the
opinion of Town Counsel with regard to the issues of whether a Special Permit
or a Variance was the subject of the application. In the opinion of Town
Counsel, the applicant should, most appropriately, be requesting a Special
Permit and not a Variance. Several of the Board members had made a site visit
since the last hearing and the applicant had submitted new site plans showing
elevations.
Presentation:
Attorney Lester J. Murphy and Lori Wein
appeared to discuss the application.
Board Discussion: The Board questioned Attorney Murphy and Ms.
Wein. The Board discussed whether they should consider the new dwelling unit as
an accessory apartment, in which case, according to the Zoning By-Laws, it
would have to be deed-restricted as affordable, or if the dwelling unit
constituted an extension of a pre-existing, non-conforming use, which is as a
multi-family residential use on a lot that doesnt have sufficient area for it.
The applicant is seeking to extend the use of the property to encompass an
additional residential unit and argues that the resulting alteration and
extension would not be substantially more detrimental to the neighborhood than
the existing non-conformancy. The applicant agreed to remove from the plans and
therefore not construct the proposed deck.
Robert
Littlefield moved to grant a Special Permit under Article 3, Section 3110 of
the Zoning By-Laws for the alteration and extension of a pre-existing,
non-conforming three unit multiple single-family dwelling complex by the
addition of a fourth dwelling unit at the property located at 290D Bradford
Street, Unit #1, (Res 3), Anne Howard seconded and it was so voted, 5-0. Robert Littlefield will write the decision.
Moraitis
The
applicant seeks a Special Permit under Article 3, Section 3340E of the Zoning
By-Laws to request a deviation in building scale to extend an existing second
floor deck to egress stairs. Patrick Eleey, Elisabeth Verde, Robert
Littlefield, Amy Germain and Anne Howard sat on the case.
Presentation:
Tom Thompson and Harry J. Moraitis appeared
to present the application. The applicant is requesting a 5.65 scale unit
increase in the structure to allow for a connection from an existing rear deck
to a side landing and staircase that leads to the ground of his second floor
unit. He is proposing this as a second means of egress from the dwelling unit.
The extension under discussion has already been constructed at the premises.
Public Comment:
Roxanne Peres and Bernard Phillips, both abutters, and Arthur Santos spoke
against the application. There were 3 letters in the file opposed to and 3 in
support of the application.
Board Discussion: The Board questioned Mr. Thompson and Mr.
Moraitis.
Amy Germain moved to deny the request for a Special Permit under Article
3, Section 3340E of the Zoning By-Laws for a deviation in building scale to
extend an existing second floor deck to egress stairs at the property located
at 96 Commercial Street (Res 3), Anne Howard seconded and it was so voted, 4-1
(Robert Littlefield opposed). Amy
Germain will write the decision.
Chair
Patrick Eleey adjourned the Public Hearing at
Patrick
Eleey reconvened the Work Session at
The
Zoning Board discussed the practice of some applicants of applying for a
Special Permit under two Articles and Sections of the Zoning By-Laws on a
single application.
Elisabeth Verde moved that applicants submit a separate Special Permit
application for each Article and Section of the Zoning By-Laws that they are
applying for relief under, and submit one set of plans for each application,
and that the applicants shall bring, for recording purposes, one set of plans
measuring, drawn to scale, 8 1/2 by 14 Patrick Eleey seconded and it was so
voted, 4-0-1 (Robert Littlefield abstaining).
The next meeting will be on
ADJOURNMENT:
Amy Germain moved to adjourn at
These minutes were approved by a vote of the Zoning Board of
Appeals at their meeting on
Respectfully submitted,
Ellen C. Battaglini
_______________________________________________
Zoning Board of
Appeals Signature