Zoning Board of Appeals Meeting Minutes 6/3/19
ZBA Hearing Meeting Minutes
Date: 6/3/19
Hearing began at: 3:30pm
Members Present: Stanley Ross, Scott Jenssen, Susan Cooper, Acting Chair, Gary Shaw and alternate Ian Jenkins
Also present: Jeremia Pollard, Town Counsel, Alexandra Glover, Don Torrico, Jon Levin, Paula Hartstein, Kathleen Triem, Joe and Kathleen Wasiuk, Nancy Monk, Fred Chapman, Owen Wright, Marylou Adams, Charles Adams, John Camp, Sandra Moore, Mark & Kami Seligman, Kathrine Walker, Russ Breeden, Lily Chapman
The Board took a moment to remember longtime ZBA member, Cynthia Weber who passed away recently.
The Clerk read into record the legal notices for both appeals applications before they Board that are being heard simultaneously. The Board agreed that due to the litigious nature of today’s hearing that Town Counsel, Jeremia Pollard was going to run the meeting.
Donald Torrico, Building Commissioner and Code Enforcement Officer provided a history of the permitting process of the structure in question. There aren’t any official building files for this property/structure in question which was an accessory structure that the applicant is seeking a Certificate of Occupancy for as a single family dwelling.
The Board all acknowledged that they all read the long list of abutter’s letters which were not read into record but the dates and names of the authors were all read into the record.
Ms. Triem began her presentation explaining that the appeals process is an objective one whereas a special permit or variance is more subjective. She went on to explain the requirements for receiving an ANR (approval not require) from the Planning Board and that they had no authority to issue any restrictions or conditions as was done on this property however Ms. Triem acknowledged that their endorsement was never appealed. Ms. Triem went on to provide a long history of the property (all of which can be found in her submission).
Joe Wasiuk of the Elephant Rock Rd Association provided a history of the private road.
Attorney Glover handed out additional documentation and presented her client’s argument to uphold the Building Inspector’s decision to not issue a Certificate of Occupancy and enforce the zoning regulations. The Board agree that the zoning bylaw should be enforced and agree with the Building Inspector that a certificate of occupancy cannot be issued, revoke the building permit on the garage, instruct the applicant to remove the property and address the lake lot and what this means for it.
Abutter Jon Levin provided additional information on the Planning Board’s ANR and restrictions for changing the use of a property from an accessory structure to a dwelling and that this would require approval from the Zoning Board of Appeals in any case.
Both parties have agreed and will file a written document that they do not oppose an extension to the timeframe.
A motion was made to continue the public hearing to Monday, July 15th at 2pm. The motion was seconded and unanimously.
A motion was made to adjourn the meeting which was seconded and approved unanimously at 6:18pm
Submitted by
Melissa Noe, Administrative Assistant