TOWN OF
ZONING BOARD OF APPEALS
(508) 234-0819
Fax# (508) 234-0814
Approved
on April 9, 2009
ZONING BOARD OF APPEALS
MINUTES OF MEETING
MARCH 12,
2009
This meeting was
called to order at 7:00 P.M. by Chairman Thomas Hansson. Other members present were: Sharron Ampagoomian, Diane Woupio, Carol
Snow, Stephen
Witkus, and Harold Hartmann. Also
present was Brenda Ouillette, Secretary.
A motion was made by
Carol Snow to approve of the minutes of February 12, 2009, motion seconded by
Diane Woupio, the vote being unanimous.
William Corkum was
absent from this meeting.
CONTINUED PUBLIC HEARING: 24-APP-08 – PEGASUS HOLDINGS LLC, APPLICANT
This hearing was continued
from February 12, 2009 and is being held to consider the petition filed by
Pegasus Holdings LLC, 6 Cedar Hill Rd.,
The property, shown
on Assessor’s Map 25 as Parcel 113, is located at
Assigned to this
hearing at the February meeting were Sharron Ampagoomian, Carol Snow, Diane
Woupio, William Corkum, and Thomas Hansson.
Stephen Witkus replaced William Corkum who was absent this evening. Mr. Witkus was present at last month’s
meeting and heard all the testimony regarding this issue. Mr. Hansson did bring this to the attention
of the applicant and
Attorney
James Sheehan,
Building Inspector, was present and Mr. Hansson asked Mr. Sheehan to again
outline why he denied the building permit.
Mr. Sheehan responded that he denied the building permit because he had
insufficient information to determine that this is an educational use. There was no information provided and Mr.
Sheehan stated that he has no idea what the applicant is trying to do
there. There is also a residential
component to this permit. A dormitory is
defined under Massachusetts General Laws as a lodging house. Without a clear educational use it would
have to be classified as a lodging house and a lodging house is not allowed in
a Residential-2 zoning district. There
is still insufficient information provided to date that will allow him to make
that determination. He has an
application that says educational use and a floor plan that shows proposed
uses, but it is still insufficient information.
Mr. Sheehan stated that the
applicant is free to go back to the Building Inspector as many times as he
wants, but he needs to provide sufficient information documenting it is indeed
an educational use. The Board is here to
determine if he was justified in making that decision based on what was
provided to him in the initial application.
Sharron Ampagoomian asked about the significance of the “ American Red Cross” being on the floor plan. She asked if he had something in writing
from the American Red Cross and Mr. Muner replied that he did not. Ms. Ampagoomian asked him why he would
indicate it on a floor plan when he didn’t have any documentation from them
indicating such. Mr. Muner responded by stating that they come in and run
seminars. Ms. Ampagoomian
replied that she understands that but he has nothing in writing stating that
the American Red Cross will be doing that.
Todd Helwig, the
attorney for the abutter Beaumont Nursing Home, asked for an opportunity to
speak. He stated that the only thing
the Board is here for is to determine if the Building Inspector made the right
decision or not based on what was presented to him in the original application. The Building Inspector is charged with
interpreting the Zoning By-laws. The
Building Inspector received an application; he looked at it and had to
determine what use category this fell under based on the information given to
him. He determined that it fell under
the lodging house category and that use is not allowed in a residential-2
zoning district so he denied it.
Attorney Helwig stated that there was some discussion earlier by
Mr. Sheehan stated
that his worst fear is that they rent out 30 rooms and have one computer class
for one hour a week or one other class for one hour a week. The people who may be staying there may not
even be connected to those classes. He
won’t be able to tell if those people are going to class or just renting the
rooms. There has to be some way for him
to make that determination that they are renting our rooms for the educational
aspect which would then make it an accessory use to the educational use and not
the primary use which would then classify it as a lodging house. He added that all he is looking for his
documentation that this is an educational use.
Jeannette Peterson,
Mr. Sheehan stated that the original application was received November
19, 2008. The applicant has had ample
time to resubmit an application with the necessary documentation.
A motion was made by Sharron Ampagoomian to continue the public hearing
until more information can be provided. The motion was not seconded.
A motion was made by Carol Snow to close the public hearing and take
the matter under advisement. The motion
was seconded by Diane Woupio, the vote being 4-1. Ms. Ampagoomian opposed.
Board members agreed that the Building Inspector was justified with his
decision to deny the building permit due to insufficient information
provided.
A motion was made by Carol Snow
to deny the appeal to reverse the decision of the Building Inspector. The motion was seconded by Diane Woupio, the
vote being 5-0 in favor.
Tom Hansson will write the decision.
CHAPTER 40B
13-CP-07
COMPREHENSIVE PERMIT APPLICATION
GRANITE HILLS
This hearing was continued from November 13, 2008. Meetings scheduled for December 11, 2008 and January 9, 2009, and February 12, 2009 were continued at the applicant’s request. 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
Mark Anderson was informed via email on March 11, 2009 that Board Member William Corkum would not be in attendance this evening. He requested a continuance via email until the next scheduled meeting. A motion was made by Diane Woupio to continue the meeting until April 9, 2009; motion seconded by Sharron Ampagoomian the vote being unanimous.
There being no further business, the meeting was adjourned.
Attested by,
Brenda M. Ouillette
Administrative Assistant
THESE MINUTES ARE
SUBJECT TO THE APPROVAL OF THE ZONING BOARD OF APPEALS. (Approve on April 9, 2009).