Approved
on February 12, 2009
ZONING BOARD OF APPEALS
DECEMBER 11, 2008
MINUTES
This meeting was called to order at 7:00 P.M. by Chairman
Thomas Hansson. Other members present
were: Sharron Ampagoomian, Carol Snow,
Diane Woupio, William Corkum, and Stephen Witkus. Also present was
Harold Hartmann was absent from this meeting.
A motion was made by Sharron Ampagoomian to approve of the minutes of November 13, 2008, motion seconded by Diane Woupio, the vote being unanimous.
PUBLIC
HEARING: 22-SP-08 – LAURA CARUSO,
APPLICANT
This hearing was held on the application of Laura J. Caruso,
The property, shown on Assessor’s Map 21 as Parcel 28, is
located at
Carol Snow read the public hearing notice. Assigned to this hearing by Chairman Thomas Hansson were Carol Snow, Diane Woupio, Sharron Ampagoomian, and William Corkum, and himself.
The Board was in receipt of a letter from the Planning Board and the Inspector of Buildings. After reviewing the application, Planning Board members felt that the proposed use is not permitted in a Residential-3 zoning district and may be considered a use variance. As such, the Planning Board’s recommendation was that the Zoning Board of Appeals not issue the Special Permit. However, the Inspector of Buildings and Zoning Official, James Sheehan, indicated in a letter dated December 10, 2008 that accessory uses are allowed under Section 173-12 of the Zoning By-law, Table of Use Regulations. His recommendations to the Board were included in that letter, a copy of which is on file.
Ms. Caruso was present to discuss her application. She stated she would like to set up her
existing single car unattached garage for a small antique retail shop that
would be open part-time hours. As a
result of several yard sales at this location in the past, complaints were
issued regarding vehicles parked along
She explained to the Board that there is an existing
circular type driveway that goes around the back of the existing house and
comes out to a shared driveway on the other side. People will be able to pull in and pull out
the other side. Stone parking will be
made available on the side of the existing driveway that is totally on her
property. There is a 25 ft. utility easement along
the side of the garage but they would not encroach upon that easement. This additional parking area will eliminate the
need for customers to park along
Joseph Zayonc, an abutter to the property, was also
present. He owns the driveway on the
other side which makes a circular driveway feasible and stated that she has
written permission from him to use that driveway. It is a right-of-way for
The applicant stated that she would like the Special Permit to be conditioned that it terminate with the sale of the house so as not to create any problems for Mr. Zayonc should she sell her property.
There was some discussion regarding signage. The applicant did ask about a temporary sign that they would put out and take in but Chairman Thomas Hansson stated that because it was a residential area, he would prefer to see it limited to one 2 sq. ft. sign as the property is located in a residential zoning district. It was suggested that she could hang an “open” sign under the permanent sign that could be removed when they were closed but the overall size including that portion would be limited to the two square feet.
The hours of operation were discussed. The applicant stated that she would like to be open for business Wednesday through Friday 10:00 a.m. to 8:00 p.m., Saturday, 9:00 a.m. to 8:00 p.m. and Sunday 9:00 a.m. to 6:00 p.m. Any other hours would be by appointment only. The store would be closed Monday and Tuesday. Hours could be shortened at her discretion, but not extended.
Board members addressed the comment by the Inspector of Buildings that most or all of the material must be kept inside. Board members agreed that the sale of items be limited to the existing single car garage and that all items must be kept inside with not outside display of items.
A motion was made by Diane Woupio to close the public hearing and take the matter under advisement. Motion seconded by William Corkum, the vote being 5-0 in favor.
Board members agreed that conditions imposed with this Special Permit will limit the extent of this becoming a full retail use rather than an accessory use. The residential character of the neighborhood will be maintained.
No one spoke in opposition.
A motion was made by Carol Snow to grant the Special Permit for an accessory use of a small part-time antique retail store with the following conditions:
1. The sale of items shall be limited to the existing single car garage and all items must
be kept inside with no outdoor display of items.
2. There shall be adequate off-street parking provided including the addition of a stone area along the existing driveway to the garage no further than 10 ft. from the existing pavement to provide additional parking and turn-around area. This stone area shall not encroach in any way upon the existing abutting easement.
3. The signage is limited to an unlit sign with assize not exceeding 2 square feet.
4. The hours of operation shall not exceed Wednesday through Friday, 10:00 a.m – 8:00 p.m., Saturday 9:00 a.m. – 8:00 p.m. and Sunday 9:00 a.m. – 6:00 p.m. Closed
Monday and Tuesday.
5. The Special Permit shall terminate with the sale of the property and is not transferable.
The motion was seconded by Diane Woupio, the vote being 5-0 in favor.
Sharron Ampagoomian will write the decision.
PUBLIC HEARING 23-V-08 –
J.A. GEMME CO., APPLICANT
This hearing was held on the application of J.A. Gemme Co.,
The property, shown on Assessor’s Map 16 as Parcel 65, is
located at
Carol Snow read the public hearing notice. Assigned to this hearing by Chairman Thomas Hansson were Sharron Ampagoomian, William Corkum, Carol Snow, Diane Woupio, and himself.
John Gemme was present to discuss the application. The owner, Scott Murphy, was also present. The applicant was seeking a variance in order to construct an addition to the existing home to accommodate a larger bedroom and a new bath for a handicap person. The bedroom will be used as a bedroom/living room with space for a care-giver to stay should that become a necessity. The room also has to accommodate the needed equipment.
The proposed addition will jog out 4-6 ft. in the front of the existing house, therefore the need for the variance. The side set back requirements will be maintained with the new addition. Due to the location of the new septic system, they could only add on the front portion of the existing house. The existing house currently meets front set-back requirements and they would not have needed the variance if they could have made the addition flush with the existing house. However, due to the construction of the existing home the hallway is very narrow and cannot accommodate a wheelchair. Also by jogging it out it gives the owner the option of creating a handicap entrance there should they need it in the future. Currently on the plans, it shows it as a walk-in-closet in the jogged out area. The number of bedrooms would not increase.
A motion was made by Diane Woupio to close the public hearing and take the matter under advisement. Motion seconded by William Corkum, the vote being 5-0 in favor.
Board members agreed that relief could be granted without detriment to the public good without nullifying or substantially derogating from the intent or purpose of the Zoning By-law. There was no room for expansion to the rear of the existing house due to the location of the septic system. The addition was necessary due to a medical condition requiring handicap equipment and accessibility.
No one spoke in opposition.
A motion was made by William Corkum to grant the Variance to allow the construction of the addition, motion seconded by Diane Woupio, the vote being 5-0 in favor.
William Corkum will write the decision.
CHAPTER 40B
13-CP-07
COMPREHENSIVE PERMIT APPLICATION
GRANITE HILLS
This hearing was continued from November 13, 2008. Previous meetings took place on August 9, 2007, and October 11, 2007, and September 11, 2008. A meeting scheduled for September 13, 2007 was rescheduled due to the absence of one of the voting members. Meetings scheduled for November 8, 2007, and December 13, 2007, and January 10, 2008, February 14, 2008, and March 13, 2008, and April 10, 2008, May 8, 2008, July 10, 2008, and August 14, 2008 were continued at the applicant’s request. For the August 14, 2008 meeting, the applicant was given the option of continuing due to the advance notice of the absence of one of the voting members rather than substituting an alternate in his place, and elected to continue the hearing to a date when all voting members would be present.
This hearing is being held on the application of Granite
Hills Development Corporation,
Members serving on this hearing and present this evening
were
A request for a continuance was received via email on December 9, 2009. A motion was made by Diane Woupio to grant the continuance until the January meeting as requested which will take place on January 8, 2009. The motion was seconded by William Corkum with the vote being unanimous.
There being no further business the meeting was adjourned.
Attested by,
Brenda M. Ouillette
Secretary
THESE MINUTES ARE
SUBJECT TO THE APPROVAL OF THE ZONING BOARD OF APPEALS (Minutes approved on
February 12, 2009)