TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
October 22,
2018
Chairman William Moreau called the meeting to order
at 7:00 p.m. and led the flag salute.
Chairman William Moreau
welcomed everyone to the meeting and proceeded to review the Rules of the Board.
Zoning
Clerk Linda McCabe called the roll: Chairman William Moreau present, Clifford Hanehan present, Thomas
Carringi present, Clarence Fosdick present,
Christopher Benn present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark Sullivan - present.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Dave Rich, Mr.
Kimball, Daniel Sonesen. (Sign-in sheet is on file in the Clerks
office.)
Approval
of Minutes: A motion was made by
Clarence Fosdick, seconded by Thomas Carringi, to
accept the meeting minutes of July 23, 2018.
Chairman William Moreau aye, Clifford Hanehan
- aye, Thomas Carringi - aye, Clarence Fosdick - aye,
Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan
- aye.
Carried 7 - 0
Approved
Public
Hearing
Holly
Kimball #18-06 Representative:
Dave Rich, Dave Rich Construction
19
Everette St.
Concord,
MA 01742
S/B/L
193.5-1-37 Lake Residential
Location: 125 Franklin Beach Rd.
Applicant seeks a 16'6" front setback variance and a 4' back setback variance in order to construct a new home.
Dave Rich, Dave Rich
Construction, appeared on behalf of the Applicant. He reviewed the application with the Board
and stated his Applicant is asking for no more than the other seven or eight
homes he has already built on that road.
The measurements include the roof overhang so the home will actually be
a foot and half smaller when completed.
They are using 22.4% of the lot so they can allow room on the one side for
their children's outside play area.
Nicholas Schwartz
questioned if there is an existing camp on the lot.
Dave Rich responded
yes there is and guesstimates the size is about 700 sq. ft.
Clarence Fosdick questioned
the setback of the current building.
Dave Rich replied
probably a little greater than their request.
Christopher Benn
said on the dimensions on the submittal for the two side setbacks of the
proposed home, you have that little clause "ish"
and asked for an explanation.
Dave Rich
responded that he leaves himself six
inches within legal bounds in case he has to move two inches one way or
another; he considers those numbers minimum and will never take up more. This allows him to take up less with
everything. With the dimensions
submitted, he actually will be taking a foot and a half less.
Clifford Hanehan asked if he needs the 4' back variance.
Dave Rich replied
yes, that includes the overhang plus six inches forgiveness for himself. The building will be a foot and a half closer
and there will be no view obstructions on the backside/lakeside.
Chairman William
Moreau asked if there were further Board questions.
Zoning Officer Gil
Albert stated looking at the renderings and stated he'll be under 35' for
height.
Nicholas Schwartz
questioned how much fill will be brought in.
Dave Rich replied
16". He added the bottom is all
garage and a little area in back with a step-up to the 212 above flood plain,
it is not at frost level. There will be
no living space, just a small storage area.
Clifford Hanehan stated to alleviate variances they'd have to
shorten the house; if they start taking off, they don't end up with much of a
house. They are all little lots around
there and that's the issue.
Zoning Officer Gil
Albert stated it is keeping within the surrounding neighbors and not
encroaching on the neighbors.
Chairman William
Moreau questioned will bringing in the fill encroach the neighbors property.
Dave Rich responded it
will be a very gentle shed away from the home, there should be no issue.
Zoning Officer Gil
Albert said if he sees anything wrong he will have them put in french drains.
Nicholas Schwartz
noted they've enough room to go more center with the building if water sheds
too much.
Zoning Officer Gil
Albert stated this is keeping with what we've talked about with the change in
our regulations, keeping it to one side to allow space for parking and keeping
the vehicles off the road.
Dave Rich added his
Applicant wanted a side yard so their two young sons have a place to play
outside.
Christopher Benn
questioned that as this is preexisting, he doesn't need an area variance?
He was told yes.
Attorney William
Reynolds said he disagreed with that; if it is a tear down and new build, it's
a new lot.
Zoning Officer Gil
Albert replied they've never done that in the past; they've always accepted
those lots as preexisting. No one would
be able to do anything on the lots if those lots had to comply with
regulations; the majority of the lots are pre-existing, nonconforming lots out
there.
Attorney William
Reynolds responded he'll accept that statement as a statement of past practice
then.
After providing Proof of Notice in the Saratogian on October 12, 2018, Chairman William Moreau
opened the Public Hearing at 7:18 p.m. asking
those wishing to speak, to please stand and state their name and address:
Daniel Sonesen,
120 Franklin Beach Rd., questioned how many feet from his property line to the
house.
Dave Rich responded 30' from
the drip line to his property line.
Daniel Sonesen
said he has no problem with this.
Seeing as all had spoken who
wished to speak, Chairman William Moreau
closed the Public Hearing at 7:49 p.m.
A motion was made by Clarence Fosdick, seconded by Christopher Benn, to approve the 16'6" front setback variance and a 4' back setback variance as presented. Chairman William Moreau aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 7- 0
Old Business: None
New Business: The Board and Town Attorney had a discussion
concerning preexisting lots. Attorney
William Reynolds said there is no grandfathering in, so if preexisting,
nonconforming, they should look at the percentage of coverage of existing lots
to determine what one can do. As long as
one stays within the allowable percentage of lot coverage, it's okay.
Zoning Officer Gil
Albert reminded the Board to review the Event Venue proposal and get any
suggestions or concerns to Supervisor Wood, himself or Clerk Linda McCabe, the
sooner the better.
Clifford Hanehan stated he wants to send a message that he stands
behind Ian Murray, Planning Board Chairman, and all the work he has done and
continues to do. The entire Board agreed
and stated they all stand behind Ian Murray.
Chairman William
Moreau told the Board he went and spoke with Supervisor Thomas Wood and told
him that the Planning Board and Zoning Board members are out there and take all
the arrows and he wanted to be sure both Boards had the backing of the
Supervisor and Town Board. He said
Supervisor Thomas Wood assured him that he and the Board back all of them.
Clifford Hanehan stated Ian Murray has done more for this town than anyone he knows. The Board agreed with him. A motion was made by Clifford Hanehan, seconded by Clarence Fosdick, to give full support of this Board to Ian Murray. Chairman William Moreau aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 7- 0
A motion was made by Nicholas Schwartz, seconded by
Christopher Benn, to adjourn the
meeting at 7:41 p.m. Chairman William Moreau aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye. Carried 7- 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held November
26, 2018.
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~