CITY OF FITCHBURG
BOARD OF ZONING APPEALS
Veterans Memorial Room
06/14/2005
MINUTES OF THE MEETING
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Meeting Called by: Michael McLaughlin Facilitator: Michael McLaughlin
Type of Meeting: Hearings Recording Secretary: Kathleen Johnson
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Members in Attendance: Michael McLaughlin-Chair, Vincent Pusateri II-Co-Chair, Linda Nicholopoulos-Clerk
James Reynolds, Lauren McNamara, James Concannon & Dayna Mongelli
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1. INTRODUCTION:
Introduction of Board Members and procedure given by Michael McLaughlin before each hearing
2. COMMUNICATIONS:
3. HEARINGS:
7:00 PM
ZBA-2005-0032 Under §181.414
LAMY, ROBERT L.
99 REINGOLD AV
Presentation given by Robert Lamy stating that they want to add 18' X 33.7' to the left side of the existing garage which will comform to the look of the existing garage. It will be storage for the antique car he currently has. The insurance company would like it to be under a roof rather than the temporary garage he has it under now.
Those In Favor: Tom Cleary of 75 Reingold Ave - always has done a good job on everything he has done. Would have no objections.
Those Oposed: None
Lauen McNamara - Viewed the property and it is on a corner lot, how will you be extending it? The extension will be in front of the garage facing Maryland Av. It will look the same as it does now, but closer to Maryland. It will be identical to what is there now. The entire garage will be resided with vinyl.
James Concannon - You will be lifting the ridge line of the existing roof? Mr. Lamy - Yes, so it will flow with the existing.
Chair - Your property has frontage on 3 streets, correct? Mr. Lamy - That's right and there are no other houses on the street with this problem. Most of the houses are on single lots, his is a double lot at the corner. In order to put the garage in a different location, the windows in the bedroom would be covered and it would not look right. Chair - The shed? Mr. Lamy - the shed is already gone.The setback request is on the Maryland Av side.
Hearing Closed: Deliberations:
Lauren McNamara -In favor
Dayna Mongelli - Good presentation of the petition, organized and she is impressed. Will not be of any detriment to the neighborhood.
Linda Nicholopoulos - In favor, very well thought out. There is no other place to put the garage on this parcel without blocking the bedroom windows.
James Concannon - Agree for the reasons afore mentioned.
Chair - In favor also. The property is unique in that it does have frontage on 3 streets. The side setback requirement would be much less than the frontage requirement. The petition request is in character with the existing home and the neighborhood.
Lauren McNamara -Motion for ZBA-2005-0032 to GRANT the Variance to erect a 18' x 33.7' single story addition leaving 9' to the property line on Maryland Ave
Dayna Mongelli - Motion Seconded
VOTE: 5-0 GRANT of theVariance
A. This is a unique double lot with frontage on 3 streets
B. Proposed site is the most appropriate for the addition or bedroom windows of the existing house would be blocked
C. Blocking the windows would be a hardship and would not be asthetically pleasing
D. The petition may be granted without substantial detriment to the public good as the lot abutts 3 streets
E. This petition is in harmony with the intent and purpose of this Chapter.
7:15 PM
ZBA-2005-0033 Under §181.414
LAREAU, ARMAND R. & BEVERLY A.TRS.
PEPPER RD
Presentation given by Jamie Rheault of Whitman & Bingham Associates presenting a new package to the Board Members (Exhibit A). They are requesting a variance of 20' to allow this to be a buildable lot. In 1972 they purchased their residence and in 1975 they bought the lot next door as a retirement investment property. The assessors map shows all the abutting lots and how this one is the same size with the same amount of frontage (105') as the other lots in the neighborhood that were all created as a subdivision. It is taxed separately and the Lareau's have been paying taxes on this property for 30 years. Mr. Rheault read the letter from the Lareau's and is included in the package. The zoning frontage requirement changed from 100' to 125' since the purchase of the property. They have 105' of frontage on Reingold Ave. If granted the variance and they have a buildable lot, they will sell the property and realize their retirement investment.
Those In Favor: None
Those Oposed: Mary Sonarini of 35 Pepper Rd and Linda LaFleur of 25 Pepper Rd stating problems with other building, namely the subdivision being done by Scola. It was discussed at some length, but does not have any bearing on this lot. Chair - can only direct you to the proper channels since the Board does not have any enforcement capabilities in regard to the subdivision control., can seek help from the Building Commissioner, City Councilors who are in the next room and the builder, Mr. Scola who are all present this evening. Perhaps if those presnent could discuss the problems and concerns amongst themselves and not at this forum some resolution might be met. Having aired their concerns in regard to the subdivision they are not oposed to building on this lot.
James Concannon - It is my understanding that the Petitioner is asking that the variance from frontage be granted so this can be a buildable lot with the ability to be sold. The proposed plan shows the envelope in which a house can be built meeting all the other setback requirements. Mr. Rheault - The home cannot be any larger than 63' long.
James Reynolds - The soil conditions cannot support a septic system and will be on City water and sewer. There is City drainage provided on Pepper Rd.
Hearing Closed: Deliberations:
Lauren McNamara - Looked at the property and the proposed is in keeping with the neighborhood. The Lareau's have had the property between 25-30 years and since it was bought as an investment property with the intention to sell it as a house lot, it would be a hardship for them to be denied the variance.
Dayna Mongelli - In agreement, would like to give the family the opportunity to sell the lot, perhaps with conditions and safeguards. The other concerns are met with respect to the zoning ordinance.
Linda Nicholopoulos - The Lareau's purchased the land with the expectation of building on it and it would be a hardship for them not to have the use of the land because zoning changed after the purchase.
Chair - Would be in favor of this petition. This lot is the same size as the other lots in the neighborhood with 105' of frontage and will not be out of character. The intent was always that this be a buildable lot for retirement investment.
Dayna Mongelli - This lot is in character with the neighborhood.
Chair - neighborhood has various styles of homes, colonial, ranch, stucco, etc.
Lauren McNamara - Motion to Grant Variance of frontage relief for 20' for ZBA-2005-0033.
Dayna Mongelli - Motion Seconded
VOTE: 5-0 GRANT the Variance
A. The lot is unique in that it is like every other lot except it had not been developed
B. The request of 20' is minimal, the lot has 105' and the current requirement is 125' of frontage
C. Proposed house will meet all other setback requirements
D. Not allowing this lot to be used would be a hardship
E. This petition is in harmony with the intent and purpose of this Chapter
7:30 PM
ZBA-2005-0034 Under §181.92
Traditional Concepts
NUTTING ST
Presentation given by Attorney George Watts stating that he represents Traditional Concepts with regard to this petition and he respectfully requests that the petition be Withdrawn Without Prejudice. Traditional Concepts out bid a neighbor for this property. As it turns out there has been strong opposition to the fact that his client was the successful bidder. Althourgh his client believes this is a buildable lot,, it will be difficult because of ledge and because of the continuing opposition, and it is his understanding that the second bidder will step forward and purchase the lot and his client will suffer no financial loss. He is asking that it be withdrawn without prejudice.
Chair - Is the Board ready to go forward with the request?
James Reynolds - Attorney Watts, I understand that you must be pretty sure that the potential lot will be sold to the second bidder and not asking for a continuance. Attorney Watts - he was party to a conversation where the second bidder stated that he would buy the lot. If this does not happen, they will then file a new petition.
Chair - explained the request to those in attendance at the meeting.
Laura McNamara - Mothon to Grant Leave to Withdraw Without Prejudice
James Reynolds - Moiton Seconded
VOTE: 5-0 GRANT Leave to Withdraw Without Prejudice
Petitioner requested Leave to Withdraw Without Prejudice
7:45 PM
ZBA-2005-0035 Under §181.3521
SHAVEET, NIR
48 SUMMER ST
Presentation given by Attorney Bowen representing Nir Shaveet stating that they are here for 2 purposes. 1. To overrule the Building Commissioner's deceision and if not granted to obtain the Special Permit. Tower Tires has operated a auto repair and tire sales since 1938. Affadavit was shown to Michael McLaughlin. Mr. Shaveet's intended use is auto repair and retail sales of tires. This is the same use as Tower Tires. This is a pre-existing non-conforming use in a residential district and has been so since 1938. Operation had been on-going until May of 2004 and this is within the 2 year lapse time. A non-conforming use goes with the property and not the owner. We believe this should be transferred to him without a problem. If not, he is requesting a special permit because it is not more detrimental since it is the same as the previous use.
Attorney George Watts - This is a legal pre-existing non-conforming use and is not being changed. The same use and character and should not need a special permit. Looking forward to allowing the Tower family to sell this business to Mr. Shaveet.
Those In Favor: None Those Oposed: None
Attorney Bowen - There is recent case law supporting the ability to change a non-conforming use and then go back to the original use (Did not have the case law available). Do not really want to take issue with Mr. Gallant, but the danger of his interpretation from the sellers point of view is that a non-conforming use does not go with the land and is deminishing this right.
Chair - We are going to approach this petition in 2 parts. Before we can even consider over turning the Commissioner's decision, we need to know what the use is going to be. If we do not override the Commissioner's decision, we can decide on the Special Permit.
Nir Shaveet - General auto repair, tires, mufflers, transmissions and retail sale of tires. Basically the same thing that was there before. He does mostly car and light truck repair, not large commercial vehicles.
Lauren McNamara - Repairs? Mr. Shaveet - any type of auto repair, but not autobody. The parking will control how many vehicles he can have. LM - Hours of Operation will be 7:00AM to 6:00PM? Attorney Bowen - 7:00AM-5:30PM Monday thru Saturday. There are 5 bays and parking on the lot for 9 cars, there will be 20 cars coming and going. LM - on the parking plan spaces #6 & #7 are right on the corner of Beacon. This has been a concern in the past.
Attorney George Watts - Spots are designated on the ground. This plan was drawn for MedStar to show the number of parking spaces available existing on the lot. The Board would like to see no obstruciton at the corner of Beacon St.
Chair - Based on your letter, what information brought you to your determination? Michael A. Gallant, Building Commissioner - The Zoning Ordinance states in part that any change in use, whether the same use or less detrimental needs to go through the process of a Special Permit. The Special Permit would give you the ability to place guildelines and the strength to be able to enforce them. To overturn his decision would allow them to go into the lot with no control because Tower Tires has no record with the City of what they did. This gives the opportunity to set reasonable conditions to help protect the residential neighborhood. The ability to set conditions is the route the zoning ordinance wants us to go. Chair - The basis of the decision is under 181.352 stating that a change in non-conforming uses may be considered by the Board of Appeals and 181.3522 is in regard to going from one non-conforming use to another non-conforming use. Mr. Gallant - we do not know how it differs from Tower Tires because there is no set record of what Tower Tires has done on this lot.
James Reynolds - Could you help us through 181.351 - Applicability-Michael Gallant - This would allow the Tower family to continue on and there would be no need to come before you and could continue in the same use as they had unless they were going to expand the use in any way - then they would need a finding. The change here is the change of the ownership. Where the owners have never been there and is the first time coming in, it makes a change to the neighborhood. They are new people and are not in the swing of knowing this is a residential district and are just purchasing a operation that was auto repair. This gives the Board the ability to place conditions, not unreasonable, on the permit giving guidelines to keep the neighborhood the way it is. The residential areas were left open when they revised the Zoning Ordinance so the Board could make a finding whether or not a use was more or less detrimental instead of leaving it up to the discretion of the Building Inspector as is done in commercial areas. JR - When did Tower Tire stop normal operations? Attorney Bowen - May of 2004. JR - OK it is within the 2 year lapse time of the use.
Hearing Closed: Deliberations:
Chair: This is in regard to overrule the Building Commissioner's Decision
James Concannon - I am not inclined to overrule the decision.
Lauren McNamara - Would be inclined to overrule
James Reynolds - Agree with the petitioner that the use goes with the property rather than the owner, Also agree with the Building Commissioner in regard to there being a change with change in owner and hours of operation. Substantial does not apply, any change in use necessitates a finding from this Board.
Linda Nicholopoulos - Agree with Jim Reynolds - there are aspects of both sides that she agrees with and will uphold the decision of the Building Commissioner. The various repairs and hours of operation are a definite change.
Chair - Commissioner Gallant pointed out some specific case law with respect to where this type of case should go. Chair sees engine and transmission repair as being substantially different, hours of operation and we need to be sensitive to abutters.
James Reynolds - Motion on ZBA-2005-0035 to overrule the decision of the Building Commissioner
Lauren McNamara - Motion Seconded
VOTE: 0-5 Motion DENIED (BC decision upheld)
Hearing Reopened Part II
Chair: In regard to the request for a Special Permit
Attorney Bowen - Mr. Shaveet will be doing motor vehicle repair and retail tire sales and believes this is the same use and the Board can put conditions on this special permit. Would ask that the Board to only take away one parking space on the corner of Beacon St.
James Reynolds - Relative to the parking plan, is this plan showing the possible, or what actually exists now? Attorney Watts - if you go to the site there are 9 spots designated on the ground. Spot #8 may not be marked. Tower Tires did engine work, transmissions, they were a full service not just light auto repair. Do not think the applicant is proposing anything any different. There was outside storage of tires near the shed behind the fence. JR - with a maximum of 6 employees? Mr. Shaveet - there should be no problem with parking.
Linda Nicholopoulos - You don't plan on having outside storage of engine parts, you would be using the storage shed correct? Mr. Shaveet - Yes, the shed. How many cars would be parked overnight? Mr. Shaveet - perhaps 3.
Lauren McNamara - Where would the tires be stored? Mr. Shaveet - Out back behind the fence near the storage shed. LM - This plan was prepared for MedStar - was this for Tower Tire? Attorney Watts - when MedStar submitted thier petition, they wanted to show that there was sufficient parking for the request - the plot plan reflects what was on the ground.
James Concannon - Parking space #7 & #8 go on the sidewalk? Attorney Bowen - it appears to on the plan, I'm sure this can be correctred.
Chair - the Board will discuss conditions while the hearing is still opened in order to listen to any comments of the petitioner. No unregistered vehicles is one of the Board's pet peves. No visible exterior storage of motor vehicle parts, tires, etc. Are there any other conditions? James Reynolds - Not to be operated as a nusiance. Board did not have any further comments.
Hearing Closed: Deliberations:
Linda Nicholopoulos - With the conditions set forth, would be in favor of this petition.
Lauren McNamara - Same
James Concannon - Also
James Reynolds - In favor of this petition
Chair - In favor of the special permit with conditions stated
Lauren McNamara - Motion for ZBA-2005-0035 to GRANT the Special Permit with the following conditions:
1. No visible exterior storage of motor vehicle parts including tires, fluids, etc.
2. No unregistered vehicles stored outside
3. No parking on the lot at the corner of Summer & Beacon Streets as noted on the plan #7 & #8
4. Hours of operation: 7:00AM-5:30PM Monday - Saturday
5. Not to be operated as a nusiance
Linda Nicholopoulos - Motion Seconded
VOTE: 5-0 GRANT of the Special Permit with Conditions
A. Tower Tire had operated an auto repair and retail sale of tire business at this location since 1938
B. This business will be the same nature as previous with minimal impact on the neighborhood
C. Traffic flow will be about the same as when Tower Tire operated the business
D. With the conditions imposed by this Board, the grant of this special permit will not derogate from the intent and purpose of this Chapter
8:00 PM
ZBA-2005-0036 Under §181.414
STATHIS, ELIZABETH
29 DARTMOUTH ST
Presentation given by Ernie Stathis stating that they are looking to put an addition of an enclosed screenhouse on the existing deck. They had a single family home and added a second floor to it making it a colonial. He presented the Board with pictures of the property (Exhibit C). The last photo is an overall view looking out from where the enclosure will be. The exterior will conform to the home, mason work and siding. They want to enclose with screens and sliding windows.
Those In Favor: None Those Oposed: None
Lauren McNamara - Will it be heated? Mr. Stathis - Just by the sun, a contractor will be constructing the room.
James Reynolds - What was the original intent? Mr. Stathis - To put a farmers porch and perhaps a 2-car garage on the north side of the home on the other side from the existing. The deck is already existing and he wants to enclose it for convenience reasons. The house was built in the 60's and the setbacks were less.
Chair - This is a mid build change in plans? Mr. Stathis -e was going to construct a screen house, but is now putting on sliders to protect the structure. It will be a 3-season room.
James Reynolds - In regard to mandatory findings having a hard time getting there. This is a terrific house and would like to be in favor of this.
Lauren McNamara - The addition would not be a detriment to the neighborhood, as the deck has been existing.
Dayna Mongelli - The addition of the room will be an improvement on the property.
Linda Nicholopoulos - There is no problem with the soil, shape and topography of the land. The property is nice and you have done a nice job with the home.
James Concannon - the existing deck and the house will be well suited to the addition of this room. Will be a nice intermediate step from the exposed deck to part of the house. Like the fact that it is a 3-season room.
Commissioner Gallant was called upon in regard to deck setbacks. This portion was read to the Board. Michael McLaughlin - In favor of this open concept more like a screened in porch. This is a unique case.
Lauren McNamara - Windows? Mr. Stathis - casement windows built with 2 x 12' joist on sona tubes, it was all part of the original plan of the home. He is approximately 24' from the rear property line. This room would enable him not to fight the mosquitos for summer dining.
James Reynolds - The garage? Mr. Stathis - may add a garage on the other side with a new entrance at some point in the future.
Hearing Closed: Deliberations:
Chair - Perhaps we could put in a condition that the room remain with an open look of an enclosed porch.
James Reynolds - We are moving forward as not to add on another open deck.
Lauren McNamara - Motion for ZBA-2005-0036 to Grant the Variance to erect an enclosed room on the 14' x 28' open deck leaving 23' to the rear property line and the design be of an open air concept with the lower level not closed in
Linda Nicholopoulos - Motion Seconded
VOTE: 5-0 GRANT of the Variance with conditions
A. House and deck were existing on this lot and will not be expanded upon and is the most appropriate placement for the enclosure
B. The deck will be enclosed creating a 3-season room for comfortable family dining and will not encroach any further into the setbacks than the existing deck
C. This addition will be an improvement to the property
D. This petition is in harmony with the intent and purpose of this Chapter
8:15 PM
ZBA-2005-0037 Under §181.33
FONTAINE, ERNEST L. (TE)
493 ASHBY WEST RD
Presentation given by Ernest Fontaine stating that he wants to use part of this home as an office. He has no employees now, and if he should in the future they would meet at the job site and not at his home. He will not be changing anything within his home. The computer will be his office. The equipment will not be stored on site. He owns a personal small John Deer tractor and has used it on his own property for years. Ther is a silt farm above him and they are a much larger operation. The neighborhood is generally construction people. There will be no signs to show there is even an office at his home. He will operate out of a 1/2 ton truck or a box truck. The parking he has now is even more than his needs. The trucks will always be at the job sites.
Those in Favor: Sheryl Fontaine
Those Oposed: None
James Concannon - You stated there will be no employees at the home. Will be organizing your business on the computer. There will be no customer visits. Mr. Fontaine - Looking to be a maintenance kind of guy, not a large construction contractor.
Lauren McNamara - Signage? Mr. Fontaine - He will only have business cards, no signage.
Chair - Any exterior storage of materials or equipment? Mr. Fontaine - There will not be any materials stored on the property or equipment except for his own use at the residence.
Hearing Closed: Deliberations:
Dayna Mongelli - Think it is great that you came in to start your business in the right way and would be in favor of it.
Linda Nicholopoulos - Mr. Fontaine has shown us before that he is a responsible businessman. Would be in favor of it.
James Reynolds - In agreement.
Lauren McNamara - Agree James Concannon - Agree
Chair - In favor also with 3 conditions - Vehicle no larger than 1/2 ton truck or box van, No signage and 1 yr Review.
Lauren McNamara - Motion for ZBA-2005-0037 to Grant the Special Pemit to have the home office with the afore mentioned conditions
Linda Nicholopoulos - Moiton Seconded
VOTE: 5-0 GRANT of the Special Pemrit with Conditons
A. Meets the criteria under 181.33 for a home occupation
B. This business will be conducted solely within the dwelling and employees will meet at the job site
C. There will be no indication that there is a business at this residence
D. With the conditions placed on this special permit in regard to signage, size of vehicle and review period, a grant will be in harmony with the intent and purpose of this Chapter
8:30 PM
ZBA-2005-0038 Under §181.3521
JACQUES, BRIAN
311 DANIELS ST
Before the hearing began, Lauren McNamara recised herself from this case.
Chiar - Approval from the Planning Board for this case to come before the ZBA had been given at their last meeting.
Presentation given by Attorney Richard Lavers of Erb & Erb stating that the petitioner wants to go forward with the original request. Pictures of this lot were shown on the easel for the Board and audiance. They are looking to partially convert the existing non-conforming use in a Residential B District. The commercial use of a photography studio was allowed by Special Permit in 1991. To have the second floor changed to a residential use in the residentail district will not be detrimental to the neighborhood. Parking is always a concern - A condition on the 1991 permit was that parallel parking be provided on Daniels St for the commercial use. There is a 10' wide section without a burm before you get to the 38' wide street. Regarding the residential use, the ordinance requires 2 off-street parking spaces. Part of the conversion will be on the first floor of 2 off-street garage spaces. The safety issues in regard to traffic showt this to be a very safe intersection. They have had 13 accidents in 15 years from 1990 - 2003, report issued by the Police Depatment (Exhibit D). The MART bus company has a regular bus stop in front of Mr. Jakes at 311 Daniels St. Looking to bring a residential use into a residentially zoned district. The photography studio can continue as of right because of the 1991 Special Permit. Or the entire structure could be converted into a single family structure or a 2-family residence by right. This will be his primary residence where he will live with his 11 yr old daughter.
Those In Favor: Gary Bergeron - 114 Chester St who has been there 49 years. He is suprised that there is even a question in his being allowed to do the conversiont at this location. He is an outstanding person.
Those Oposed: Ann Craigen of 78 St Joseph Ave for 55 yrs - stated that she has concerns with parking issues. The parking for the business is not controlled now, nor can it be. The neighborhood is congested already and she does not feel that the garage spaces will be of help. She also stated that is a dangerous intersection. Their house is on a hill and it is quite a distance for a car to go to hit her house. The MART bus has also been hit at this intersection. Concerns for the future when the building is sold or rented out and there are multiple cars and traffic. Amy Craigen - same address - Their house has been hit twice in the last year. The stop sign gets run at least 7 times a day. Raymond Craigen - Snow in the winter is his concern. There is no place to push the snow now, more congestion will just increase the problem.
Attorney Lavers - Nothing in regard to the traffic flow will change with the addition of the residential unit. The parking for the business is already there, the parking for the unit will be in the garage off-street.
Chair - The original petition is requesting a mixed use in this building under Sec. 181.3521 changing and substantially extending use. Attorney Lavers - This is a new owner with a low volume high end photography studio. Most customers arrive by appointment
Dayna Mongelli - Single family home, or apartment desigination? Building Commissioner - Michael A. Gallant - It would make no difference. This all started with a variance to divide the lot. Before dividing the lot, previous owner could have had the studio as a home occupation in the garage and live in the house. When he divided it, he did so to separate the commercial use within the remaining gargae that he had separated from the house with a commercial use now separately owned.
Linda Nicholopoulos - You are currently on Lunenburg St with limited parking. Do you ever have 4 or 5 cars there at one time? Mr. Jacques - that has never happened. He parks a truck in one space and there are 2 others. Usually he has only one client at a time by appointment.
James Reynolds - Am angry with the Board for creating this problem in the first place.
Chair - To summarize: Paved area on side of the bulding of 10' connecting to the 38' wide street with no burm. Garage parking for the proposed residential single family unit having room for 2 vehicles. This is acutually more room than some of the other homes in the neighborhood. Attorney Lavers - In regard to snow removal, Mr. Jacques will be shoveling off the parking area for the photography studio and in front of the garage space, the City takes care of the rest of the street. This will be an owner occupied building. If there were a sidewalk, it would still leave 6' of parking area for parallel parking.
Linda Nicholopoulos - Customers? Attorney Lavers - This is a low volume operation. The business is run on an appointment basis. Some people do stop in when looking for a photo studio, but he does a high end low volume business.
Hearing Closed: Deliberations:
James Reynolds - Would not be in favor. The Board previously allowed this parcel to be separated in order for the building to be a separate commercial structure.
Linda Nicholopoulos - Having a tough time making a decision. Would like to see the photography studio continue at this location. I do understand the concerns of the neighbors in regard to the residential change.
Dayna Mongelli - If we decide this is not what we want to happen, how do we avoid something similar coming back in the future.
James Reynolds - If the question was before us tonight to make this building a single family home with a home occupation of a photography studio, I would be more inclined to be in favor of it. In looking at the purpose of zoning, creating another unit in the building does not lessen congestion in the streets.
Hearing Reopened:
Attorney Lavers - If you added conditions such as:
1. Limiting this Special Permit to Mr. Jacques ownership
2. The single family residential use to be occupied by business owner and operator
3. Use would end with termination of business and/or sale of property
James Reynolds - Since the time is growing late, perhaps we should consider continuing this hearing for 2 weeks in order to allow the last case to be heard this evening and continue deliberating this hearing on the 28th.
Mutual Agreement for Extension of Time was signed (Exhibit E).
Dayna Mongelli - Motion to Continue ZBA-2005-0038 to June 28, 2005 at 7:00PM
James Reynolds - Motion Seconded
VOTE: 5-0 CONTINUED to June 28, 2005 at 7:00PM
Continued by mutual agreement for further deliberations
8:45 PM
ZBA-2005-0039 Under §181.34
RICKER, KENNETH A. (TE)
14 LIONEL AV
Presentation given by Attorney Peter Knox - continued from last month in order to rethink the design of the proposed accessory apartment. The petitioner was given the option to continue with the four members who are available to vote on this hearing, or postpone it to next month when all 5 members that heard it last month might be available. The petitioner chose to go forward with the 4 members. The accessory apartment will be 960 sq ft, but is now incorporated more into the main part of the existing dwelling. New plan was presented to the Board (Exhibit F). This will be an L shape structure with a winding drivewy.
Linda Nicholopoulos - I like the new plan better and they get a mud room also. Mr. Crochetier - builder - stated that the house now will be increasing. It will turn the straight ranch into an L. They will gain 2 parking places in front of the existing breezeway for the accessary apartment. They have added 10' on to the existing garage and took 8' to make the mudroom. There will be no other doors coming out of the apartment onto the street. Before, the addition was going to stick out 15' from the side of the garage and now it will be more of an L and they will gain 7' further back from the property line. The addition will be entered through the new mudroom. There is a non bearing wall next to the fireplace which can be removed when the need for the accessory no longer exists.
Petitoner stated that the new plan will not be as obtrusive as the original plan.
James Reynolds - This is a positive improvement and a more realistic plan.
Mr. Crochitier - By shifting the garage over, there will be 72' from the property line. They did not go further back than the original plan. The roof line will continue and the addiditon will match the existing house with siding.
Linda Nicholopoulos - Think this is a geat solution
Hearing Closed: Deliberations:
Lauren McNamara - In favor of the new plan
James Reynolds - Agree
Linda Nicholopoulos - Nodded yes
Chair - In favor and it meets the criteria under 181.34 except for sq footage
Lauren McNamara - Motion for ZBA-2005-0039 to Grant a Variance for the addition and a Special Permit for an Accessory Apartment per the plan provided
James Reynolds - Motion Seconded
VOTE: 4-0 GRANT the Variance & Special Permit per plan
A. This parcel is a large corner lot
B. Addition will make the existing ranch an L shape dwelling
C. They will be providing housing for elderly parent
D. 2 off street parking spaces will be created in front of the existing breezeway
E. The addition will not change the character of the neighborhood
F. This petition is in harmony with the intent and purpose of this Chapter
Under §
Under §
Miscellaneous: