ZONING BOARD OF APPEALS

Minutes from March 23, 2004

 

Members present:  Charles Mabardy, William Spinney, Kendra-Pike Osgood, Lisa Lane.

                               George Rioux was absent.

 

Meeting began:  7:15pm

 

General discussion by the board: 

A member of the Board of Selectman (Ed Hunt) was asked by the Chairman of the Board to sit on the Board for the meeting due to the fact that one of the members of the board was unable to be present.  Ed Hunt (Board of Selectman) agreed &  also brought with him Tony Papoulias (Board of Selectman) to assist if needed.  (Tony remained in the general audience.) 

There was some general discussion & debate among the members of the Zoning Board  as to whether or not a Selectman can legally sit on the Board of Appeals as a voting member.  The Law in regards to this seems unclear.  The Chairman (C.Mabardy) believes that the Selectman may sit on the board & vote on new items before the board.  There was some debate whether or not the Board of Appeals operates by Roberts Rules of Order or whether they are bound by Mass General Laws in regards to operating.  The Chairman felt that it should be left up to the applicant before the board.  If they are comfortable with the Selectman replacing a board member then it should be done.  WS agreed with CM & feels that the Board needs to be available for the town; if not what is the sense of having a Board of Appeals.  WS also stated that the Selectman for the town set up the Board of Appeals; it stands to reason that they can sit on the Board as well.  There are no alternate members available to rely on in the absence of a member or members which is a problem for the Board & the applicants.  LL & KPO strongly feel that it is important to hear from Town Counsel whether or not it is legal to have a Selectman sit on the Board in the absence of a board member.  Ms. Pike was concerned that this circumstance could place the town in a liable situation. Ms. Pike wishes to receive  formal consent from Town Counsel before a member of the Board of Selectman sits in on the ZBA board. LL agreed and stated that she would abstain from voting until she hears from Legal Counsel. 

A comment was made by a resident @ 434 Jak-len Drive (Marilyn).  Marilyn stated that “there are other applicants that have applied to this Board”.   She felt that it could be a hindrance for Ed Hunt to sit on the board tonight.  What about the next meeting?

 

WS pointed out that the Selectman saw no liability issues with them sitting on the board & WS pointed out that the Selectman are the ones who run the town.  It appears that KPO & LL have an issue with this.

 

Motion by W. Spinney to have Ed Hunt (Selectman) sit on the board as 5th member to represent the ZBA.   2nd by C. Mabardy (stepped down as Chairman). 

Opposed by KPO and LL.

 

 

 

#04-203 Louis Minicucci, 79 Atlantic Avenue, to raze existing 2 buildings containing 4 residential units.  Construct 1 building containing 4 residential units meeting all dimensions & zoning requirements. 

Ron Laffely requested a continuation until April 13, 2004 due to the circumstances before the board.  Requested was granted.

 

#03-187 Lew Nichols, 110 Elm Street, (continued from 1-13-04) to increase boat storage from 20’ to 30’ & increase living space. 

Petitioner not presented.  No abutters present.  Lew Nichols was sent a certified letter informing him that he needed to be present at the meeting or his application would be denied. (The board has made numerous attempts to contact Mr. Nichols without a response.)

Motion by WS to deny based on the fact that Mr. Nichols missed the last three meetings and has made no contact with the board.  2nd by KPO-unanimous.

 

#04-179 Salisbury Dunkin Donuts, LLC., (Dunkin Donuts/Baskin Robbins), 46 Toll Road , (continued from 12-9-03) to keep sign the same size & allow two interior lights for sign; also requesting a freestanding sign. 

The applicant wishes to withdraw the sign Variance application previously submitted. ( A letter has been sent to the Board of Appeals & the applicant has also spoken with the Building Inspector regarding this request.

 

WS- has concerns with applicant withdrawing application without prejudice.  It was decided by CM that the board needs to have GR present (4th member) to continue-this can not be opened at this time.

 

#04-197 Jane Tibbetts, 54 Locust Street (continued from 2-10-04) Single-family residence. 

Unfortunately, the Board still has not heard back from town counsel in regards to the over-lapping plot plans.  If the decision was for a Variance for frontage only it would be okay.  As far as lot size, the board can not make a decision without the advice of town counsel.  The board extended it’s apologies to the applicant and her legal representative. 

It will be rescheduled for April 13, 2004.

 

#03-194 C&C Realty Trust (Gold’s Gym), (continued from 1-27-04) Freestanding sign.  The applicant was given the option to continue based on the fact that there are only 4 members of the board present.  Petitioner requests to continue on April 13, 2004.

 

(CM called a 5 minute recess.)

 

#04-200 Randy & Hope Hitchcock, 14 First Street (continued from 3-9-04) Demolition of residence & work building, construction of one 7-unit residential building as condominiums, renovation of existing office to add 2nd floor; renovation of cottage to add addition & additional 2nd & 3rd floors.

Randy & Hope Hitchcock were made aware that the board was short one member and that would need a unanimous vote.  Based on this information, the applicants opted to continued until April 13, 2004.

 

C. Marbardy (Chairman) delivered apologies to the petitioners.  With the circumstances that existed at the meeting, all items on the agenda (with the exception of one) were continued to the next scheduled meeting on April 13, 2004.

 

Meeting adjourned 9:25pm