Members Present: Jane Roberts, Coni Porter, Gretchen Wittenborg, Jack Ernst, Steve Filipi.
Others Present: Mike Methe, Selectmen’s representative, Matt Buonomano, Alternate.
Meeting was called to order at 7:00 PM
Minutes: Two typos were noted in the minutes. Filipi moved, Ernst seconded and the Board approved the October 10, 2006 minutes as amended.
Policy on records retention: The Board considered a policy recently adopted by the Planning Board regarding retention of meeting tapes. With input from Local Government Center legal counsel the Board decided to have meeting tapes destroyed following approval of minutes of that meeting, under most circumstances. Wittenborg moved, Filipi seconded and the Board voted to adopt a policy to destroy audio meeting tapes after written minutes have been approved by the Board, unless litigation is suspected in which case tapes will be retained.
Alternate members for ZBA: The Board discussed recommendations of new members to serve as alternates and will forward three names to the Selectmen for their consideration.
Appointment with Pauline Fish: Mrs. Fish has lived at 123 Royalston Road for 26 years. The home burned down in 1992 and a mobile home was placed in front of the old foundation in 1993. She explained she will be retiring next month and plans to sell the mobile home. Two days ago the surveyor for the purchaser’s bank discovered that the mobile home is within the town’s 75 foot front setback and notified her that she can’t close on the home unless she has a waiver for the setback violation. She planned to close on November 30, 2006, two weeks before the next scheduled ZBA meeting. She asked the Board to convene a special meeting to hear her application for an equitable waiver of dimensional requirements before the 30th.
Roberts suggested the Board could meet in two weeks, on the 28th. She added that while she is in favor of holding the special meeting, she would hate to set a precedent by doing so. Filipi noted every case is individual and this special meeting is to handle a very unique situation. Methe asked if the mobile home was grandfathered. It is not.
Porter asked if the buyer intended to live in the mobile home. Wittenborg noted that Mrs. Fish couldn’t sell the property with the zoning situation unresolved.
Wittenborg moved, Filipi seconded and the Board voted to hold a special meeting on November 28th at 7 PM to hear Mrs. Fish’s application for an equitable waiver of dimensional requirements.
Wittenborg resignation: Wittenborg asked the Board if she could make a statement regarding her letter of resignation, which the chairman did not accept. Following her presentation which included questions of conflict of interest and perception of prejudice, she asked the Board to take a week or so to consider whether or not they wanted to accept her resignation. She said the Selectmen did not think she should resign.
Case # 06-16 Scot Sanderson appeal for Area Variance to replace nonconforming garage with larger garage on property located at 70 Keene Ave., Map 23, Lot 23, Rural District. The lot is .36 acres.
Carl Hagstrom presented the case. Mr. Sanderson wants to demolish the existing garage and replace it with a two car garage with storage loft. He noted the garage was 106 feet back from the lake. He said Mr. Sanderson plans to put it on a new Alaskan slab that will not be any closer to the boundary line than the existing garage, which is 2 feet from the boundary. The garage will extend into the property away from the boundary line. The structure will have electricity, as does the existing garage, but will not have water or heat.
Several members of the Board had driven by the property. Methe asked if the pitch of the roof would change, since many people who live by the lake are trying to get more living space by changing the pitch of their roofs. Mr. Hagstrom noted the pitch 6/12 on the drawing. There was no information about the height of the proposed structure.
Wittenborg expressed concern that the area is so densely populated that she would like to see a more detailed drawing with elevation information so she can compare what is there now with what is proposed prior to making a decision. She said the Board has heard lots of complaints of vistas blocked by new structures. Porter noted that her impression of the area is that the existing garage is really tiny and believes the proposed garage will be a tremendous change. She is concerned that it will extend so far into the lot that emergency equipment wouldn’t be able to respond adequately. She noted that all the structures in the neighborhood are small and low, and wondered if the proposed garage would fit in the area. She is concerned about allowing ever larger structures in this
area.
Roberts concurred with the need to have more detailed information for comparison purposes, especially information on the height of the existing garage and the proposed garage. Filipi said that a 24X24 foot garage is not huge for a two car garage. Wittenborg said her concern was with density and expansion of a nonconforming structure.
Roberts read section 127-36 B of the Land Use Ordinance referring to changing a nonconforming structure. A nonconforming structure can be altered, reconstructed, extended or structurally changed, provided that such alteration conforms to all the dimensional requirements of the ordinance. Porter noted that the proposed garage will not meet setback requirements.
Roberts reiterated that the Board needed more detailed information on what the proposed structure will look like.
Ernst moved, Filipi seconded and the Board voted to continue the hearing to December 12, 2006 at 7:30 PM.
Wittenborg moved, Ernst seconded and the Board voted to adjourn at 8:00 PM.
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