Date: November 8, 2007
Time: 7:00 PM
Attendees: Bruce Drucker, Roger Putnam, Vern Jacob, Manny Heyliger, William Nicholson, Robert Hankey, Don Palladino and Christine Bates, Committee Secretary
Regrets: Trevor Pontbriand and Vern Jacob
Vice Chair Drucker called the meeting to order at 7:00 p.m. and gave an overview of the hearing process.
Public Hearings:
7:02 pm 07-37 Caulfield, 1500 State Highway, Map 30, Parcel 29: Appeal from Person Aggrieved (MGL placecountry-regionCh. 40-A, S.8) Appeal the Building Inspector in regards to rear property line. The applicant requested a continuation to 12/13/07. Bruce Drucker moved to continue to 12/13/07; seconded by Roger Putnam; passed 6-0.
7:03 pm 07-05 Himmelsbach, 140 Grandview3 St., Map 14, Parcel 117 & 118: Amendment to Special Permit to add additional decking and move stairway. The Board for this hearing consisted of Bruce Drucker, Robert Hankey, William Nicholson, Roger Putnam and Don Palladino. Manny Heylinger recused himself from the hearing. Attorney Ben Zehnder represented the applicant and gave an overview of the project which entails changing the location of the pre-approved staircase and decking, which will not have a roof on it. Bruce Drucker moved for Findings of Fact:
1. Adopt and incorporate by reference the findings of fact approved on 2/15/07 as the finding for this application for an amendment.
2. Moving the deck to the east side of the house from the south side of the house is not more detrimental to the neighborhood than the existing non-conformity.
Seconded by Roger Putnam, passed 5-0. Bruce Drucker moved to grant the amendment to the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0. Attorney Ben Zehnder respectfully requested the petition for a variance be withdrawn without prejudice. Bruce Drucker moved to withdraw the request for a variance without prejudice; seconded by Don Palladino; passed 5-0.
07:14 pm 07-38 Sorokin & Wolf, 16 Holbrook Ave., Map 21, Parcel 93: Application for a Special Permit under WZB 6.1.5 to add two dormers above existing bedrooms. The Board consisted of Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam and Manny Heyliger. Leo Sorokin gave an overview of the project stating they are seeking to add two dormers to add light and headroom in the dwelling. The footprint will not change. Bob Kennedy, abutter, stated he was concerned with the length of the dormers and that they not look like a box. Joe Wheeler, the contractor, stated he would leave at least a foot from the ridge of the roof. Alfred Pickard stated he didn’t think the project was very large and would not impact anyone. The board did
not think the project was detrimental to the neighborhood. Bruce Drucker moved for Findings of Fact:
1. The subject property is preexisting, nonconforming having been built in 1946 according to the Assessors records.
2. The structure is preexisting nonconforming due to insufficient lot size and intrusion into the setbacks.
3. The addition of two dormers involves a minimal volumetric additional intrusion onto the setbacks.
4. The addition of the two dormers is not substantially more detrimental to the neighborhood than the existing nonconforming structure.
5. There will be no expansion or change in use.
Robert Hankey moved the Findings of Fact; seconded by Roger Putnam; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Other Business
Bruce Drucker read Trevor Pontbriand’s e-mail regarding the Town’s request for our input to a bylaw change regarding non-compliant dwellings. Discussion took place regarding the clarity of the proposed change and how the Board would relay its recommendation. Alfred Pickard and the Board had a discussion regarding communication between the two boards and Pickard recommended someone from the ZBA attend the upcoming Planning Board meeting to discuss the proposed by-law change. A discussion took place about the history of how some of the noncompliant properties were issued building permits that were not legal.
Robert Hankey moved to approve the amendment to the bylaw, article 7 in the warrant; seconded by Roger Putnam; 0 – 6 (failed). Bruce Drucker would contact both the Planning Board and the Town Administrator’s office with the vote.
Bruce Drucker moved to adjourn at 8:25 pm; seconded by Roger Putnam; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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