Zoning Board of Appeals

Minutes from January 24, 2006

Members Present: Charles Mabardy, William Spinney, Kendra Pike-Osgood, Mark Whitmore, Pat Fowler

Meeting Began : 7:05 P.M. Salisbury Elementary School

Old Business:

Case #05-117 585 North End Blvd. -Gorman Management

Discussion on the affordable unit at 585 N.End condo.

Request by Frank Gorman to continue until after the Feb. 7^th Affordable Housing Meeting.

Motion by Tim to Continue to February 14^th,

2^nd by Kendra , all in favor (Pat abstained)

Case #06-001 350 North End Blvd.-Timothy Frye-no abutters present

Add at 15.5’ x 6’ Deck

Pictures presented, bill concerned with future closing in of deck.

Motion by Tim to approve the 15.5’ x 6’ deck

2^nd by Mark, Kendra and Charlie in favor, Bill opposed, Pat abstained

Case #06-002 Liberty St. 13,15,17,19,21,23,25,27,29,31,33,35,37-Brian McMahon, Cory Belanger

Request to replace existing trailers with 1 building-14 unit condominium

David & Robert Towler,12 abutters present

Charlie requested Brian McMahon, Cory Belanger , David Towler, and Robert Towler to ”swear to tell the whole truth”under oath.

Applicants stated they made their deposit plus 36,000 to cover the cost of the units rental fees for the summer so there would be no tenants on the property, monies returned because there were tenants thru the summer. At the closing there was not a clear title and the buyers agreed to the time it would take to clear and believed owners in process of clearing title.

Mr. Towler stated that a letter was sent from Attorney Butternut saying the 60 day extension period had expired and to return the deposit. Mr. McMahon stated the case is in the hands of Attorney and deposit being held in escrow account.

Dale , sellers real estate agent felt the P & S not valid and buyers did not respond to the request to extend.

Mr. McMahon stated all issues will be handled by his Attorney. Residents stated some concerns, Charlie suggested they be heard when the legal issues are resolved.

Charlie spoke with town Counsel and suggested some options: To make a decision, withdraw without prejudice to work out their issues, or seek legal counsel.

Mr McMahon requested a 6 week continuance to work out their deal.

Motion by Tim to continue on March 28^th with copies of the case file to town counsel

2^nd by Mark, all in favor.

Case #06-004 5 Meaders Lane-Michael & Barbara Champagne

Request to construct a two story addition to an existing non conforming structure.

Motion by Bill to approve per plan

2^nd by Pat, Charlie, Tim, Mark in favor (Kendra abstained)

Case #06-005 23 Mudnock Rd.-Scott Steeves, Mr. Caldwell-contractor

No abutters present

Request to construct an addition to an existing two family dwelling.

Tim believed property was granted a special permit years ago for an accessory apartment. If so, only 900 S.F. allowed. Property classification currently unclear.

Motion by Pat to continued to Feb. 14 th to verify with the assessor office

2^nd by Mark, Charlie,Tim & Bill in favor, (Kendra abstained)

Other Business:

Falling Leaf-Board discussion with town Counsel on affordable units issue. Town Counsel to contact Falling Leaf on interpretation of number of units to be deep subsidized.

Board-so moved.

North Pointe Village 40B – Board and town counsel discussed issues for the final decision.

· Would like to limit bedrooms to 3 per unit

· No waiver of sewer

· Easement-country drainage: for DPW to approve with no occupancy permits issued until proven it works

· Reevaluate the percentage of affordable units.

Town counsel to draft permt and email to all members for mark up, mee on February 9^th to vot on draft.

Must sign and file by February 21^st, 2006.

Continued to February 9^th 2006 Special Scheduled Meeting.

Minutes:

January 10, 2005

Motion by bill to approve

2^nd by Mark all in favor

Motion by Tim to adjourn 9”00

2^nd by Pat , all in favor.