ZONING BOARD OF APPEALS
Minutes from
February 10, 2004
Members present:
Charles Mabardy, George Rioux, William Spinney, Kendra Pike-Osgood.
(Lisa Lane absent)
7:35pm Hearing began
#04-196 Brian K. Sullivan, 20 First Street #2, expansion of existing 2nd floor deck (12’x5’) by adding additional deck (8’x10’) with stairs to ground level. The stairs require a variance.
A unanimous vote is needed to approve because there are only 4 members present.
No abutters present.
Motion by W. Spinney to approve. 2nd by K. Pike-Osgood – unanimous.
#04-197 Janet Tibbetts, 54 Locust Street, single-family residence.
Attorney J. Boulanger present.
The land was purchased by original owner in 1995. After death of owner, a land survey error was discovered by a prospective buyer. Apparently, there is not enough land for the lot. The lot is irregular shaped, not enough frontage. Expressed a financial hardship. The heirs are paying the mortgage and other related legal fees. The wish to clear up their debts.
Abbutter @ 1 Natowich Way (Chris Lahey): He is concerned that his property is being negatively affected by this decision. Fears he would loose part of his land.
Attorney responded that they are not claiming any extra land. His property is not in dispute.
Abutter @ 3 Natowich Way: The abutter wants to be certain that the Board is not accepting one plot plan over another.
The two lots over lap.
The Board feels the abutters have reason for concern and would like to speak with Town counsel before reaching a decision. A Variance for frontage is needed.
Motion by W. Spinney to contact Town Counsel to seek clarification. 2nd by K. Pike-Osgood. Continue until March 9, 2004.
#04-198 Thomas G. Leonard, 426 North End Blvd., construct new 36’ x 93’ residential dwelling.
Currently there is a pre-existing, non-conforming structure. He would like to center dwelling on lot and add a 2 Ft. walkway. Needs a variance, 3 Ft. each side. Petitioner stated that the 93” not accurate. Maybe closer to 104’ with garage.
Abutter @ 2 Lewis Ave. (Mike Spadafore)- requests to see plans of what it would look like. (He lives directly across the street.)
Abuttter @ 424 North End Blvd. (Joe Gangey)- He believes he will be impacted by the Boards decision because he will probably do the same in the future.
Motion by W. Spinney to accept as proposed. 2nd by G. Rioux – approved.
04-199 Albert & Cheryl Viti, 44 North End Blvd., demolish two-family dwelling and construct new single-family dwelling.
Robert Masys, P.E. present. The Viti’s wish to tear down and rebuild to meet existing building standards meeting conservation requirements. The will rebuild a two-story structure within existing footprint.
This is Beach Commercial property, therefore no front set back. Usage change from multi to single. The Board would like to see something on sides. At least a walkway.
Motion by G. Rioux to accept as written. 3 Ft. Variance on sides granted. Parking for 2 vehicles. 3 Ft. minimum required by board for side setbacks. 2nd by W. Spinney. Let the record show that use going to single-family. Two-family use diminished.
#04-192 Robert Palmisano, 406 North End Blvd., (continued from 1-27-04) Razing of a 19 Unit Motel, pool & patio. Construction of a 6-unit multi-family wood dwelling on piles.
Ron Laffely present. Turning 7 unit dwelling to 6. Hotel use will be abandoned. The setbacks and parking are met. Use allowed? (It’s Commercial) CM-The units exist already. Town Counsel was called. CM has not heard back yet. At this point, the board can either make a decision on facts or wait for counsel. The use table states not allowed. No opposition other than access to the beach.
Abutter @ 2 Lewis (M. Spadafore): Requests beach access stay solely in hands of the Town, property is owner-occupied.
Abutter @ 412 North End Blvd. (Richard Born): His issue is this is a single-family dwelling area. Also concerned with density.
Abutter @ 408 North End Blvd: Expressed concerns with immense size of proposed structure. Asked if 2 one-family houses was explored from a financial view point. Worried about setting a trend.
CM- The board looks at every case individually. WS-Anyone can propose anything they want. Each case will be treated individually.
Preident of Beach Betterment Assoc.: stated that everyone he knows would much rather see a 6-Unit Building rather than a Hotel. It’s a win-win situation, according to the Assoc. Ron Laffely asked to continue contingent upon hearing from Town Counsel.
Motion by W. Spinney to accept contingent upon approval from Town Counsel. (Change of use) 2nd by K. Pike-Osgood. KPO commented that a contribution to the Town’s low-income fund would be appreciated. The petitioner “will strongly consider that” request.
#03-184 Abraham Schlosberg, 12 Pike Street, (continued from 1-13-04) Accessory Apartment.
Brian Barrington, Attorney present. Believes that this building is Grandfathered. Asked if the Board received any opinion from the Building Inspector in writing. He wishes to withdraw the application. He feels he is “fighting shadows”. CM – told by Ken that this was petitioners opportunity to make it right. There are 5 buildings over 2 Apts., 1 main house on street, 2 cottages out back.
Attorney states that records go back to 1974, ordinance not in affect until 1976.
According to the Building Inspector, to make confirming has to make accessory apartment. WS- Questions – “If pre-existing, why do they have to confirm?”
Attorney stated that this is the wrong procedure. He wishes to withdraw. CM-Asked if any copies of building permit prior to 1978.
Abutter @ 14 Pike Street (Tara Hamel) She expressed the following concerns to Board:
Fire trucks must be able to get to her property, make sure septic is all set-no leakage, wants privacy fence between properties.
Petitioner states again would like to withdraw without prejudice.
Motion by G. Rioux to accept withdrawal. 2nd by W. Spinney- motion withdrawn.
#03-187 Lew Nichols, 110 Elm Street, (continued from 1-13-04) Increase boat storage space from 20’ to 30’ & also increase living space.
Petitioner not present. Motion by W. Spinney to continue until 2-24-04. 2nd by G. Rioux
No abutters present. Continued until 2-24-04.
Other business:
It was decided that the board will meet on March 3, 2004 for an informational workshop. The meeting will be at the Elementary School at 7:30pm. (The teachers room will be utilized if available to the board.)
C. Marbardy requested an extension on a Variance for Taylor Realty Trust. A letter to the board will follow.
Meeting adjourned at 9:35pm