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
Public hearing: Pauline Fish application for Equitable Waiver of Dimensional Requirements for an existing dimensional nonconformity on property located at 123 Royalston Road, Map 10, Lot 48-01, Rural District.
Mrs. Fish attended with her real estate agent, Marc Tieger.
Roberts stated that the Board heard Mrs. Fish’s explanation of the need for the EWDR at the last meeting when they had an appointment with her. She asked Mrs. Fish if she had anything to add. Mrs. Fish said her mobile home had been on the property in the same place for thirteen years, and wondered if therefore Land Use Ordinance 127-43 E Mandatory Findings (1) and (2) would be waived.
Porter asked if there were any wetlands on the property. There aren’t. Roberts said she didn’t think that anything would be improved by moving the mobile home. Mr. Methe said he thought the code enforcement officer 13 years ago just missed the violation.
Wittenborg was concerned that the Board didn’t have a drawing that showed the location of the mobile home and the setbacks. Mr. Tieger presented a plot plan that showed dimensions. Apparently the mobile home is 70 or so feet from the front boundary, encroaching on the front setback by an estimated 5 feet. Mr. Tieger said that he and Mrs. Fish found out about the setback problem from the mortgage company for the future buyer on October 30, 2006.
Ernst moved, Porter seconded and the Board voted to consider mandatory findings, 127-43 E. (1), (2), (3), and (4) for an EWDR.
The Board considered the findings, and agreed unanimously with them. Ernst moved, Porter seconded and the Board voted unanimously to grant the Equitable Waiver of Dimensional Requirements.
Minutes: Filipi moved, Ernst seconded and the Board approved the November 14, 2006 minutes as written.
Mr. Methe reported that the Selectmen talked with Mr. Bemis and he indicated that he did not want to be considered for an Alternate seat on the Board.
Filipi raised the issue of the Wittenborg resignation, noting that he felt her experience was invaluable to the Board. Porter said she had been thinking about the criteria for serving on a board of adjustment and felt public trust is important; she asked if Wittenborg felt that trust was jeopardized by her activities with another group in town. Wittenborg said she will stay since there is no prosecutorial work on the case for the time being; they are waiting for a ruling from the court. She may reconsider if an appeal is necessary and she becomes active again.
Mr. Methe noted that Fitzwilliam has two, three and four rod roads and so to settle questions of rights of way, the Selectmen developed a policy that defines a right of way for a public road as the space between the stone walls. If there is no stone wall boundary for the road, the road will be assumed to be a three rod road with a right of way. They will be enforcing this right of way policy.
Porter moved, Ernst seconded and the Board voted on the motion to adjourn at 7:30 PM.
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