Meeting was called to order
at 7:30 pm.
1) Log Cabin Trust, Raymond and Beverly George,
Public input: Betty Willoughby, an abutter, commented that
she felt approving the variance and allowing two additional non-conforming lots
would set a precedent.
The worksheet was reviewed: #1 passed, #2 failed as the Board ruled that
granting the variance would not be of benefit to the public interest due to
setting a precedent, #3 failed as the Board ruled there would not be
unnecessary hardship since the best use was already established, #4 failed as
substantial justice would not be done because the proposal is unfavorable to
neighboring properties, and #5 failed as the Board ruled the use proposed would
be contrary to the spirit of the ordinance as it clearly goes against the
regulations by creating three non-conforming lots. Eric Peterson moved to deny the application
of Log Cabin Trust from Article 8.3.B.2 and requirements of subdivision,
seconded by John Ronan with all in favor.
2) James B and Jayne E Gould,
Attorney Daly explained that there was no
easy way to divide the frontage due to existing buildings, thus they were
restricted to fifty feet of frontage.
Chairman Parker addressed the change in plans since the application was
submitted, but Board members agreed it did not change the variance
request. Attorney Daly addressed the
criteria individually, and stressed that the proposed improvements were in
keeping with Article 1 of Chapter 1.
Public input: Eric Peterson, an abutter, expressed concerns
with the driveway running along his entire lot line with vehicles back and
forth as well as seeing the home and utility poles which he felt would diminish
the value of his property. Attorney Daly
stated there would be no utility poles and Mrs. Gould disagreed with the home
being visible due to height differences in the terrain. Chairman Parker expressed concerns with the
steep driveway narrowing to only 25 to 30 feet, stating he didn’t feel there
would be much room if it was cut to grade and could result in erosion problems
that could impact the abutter. Peter
Merrill, an abutter, pointed out the issue of wetlands in the rear of the
property, driveway access to Route 108 which is difficult due to poor line of
sight, and public safety citing a traffic accident that occurred in April of
2005. Mrs. Gould refuted this stating
the driver had said he was not paying attention. Penelope Peterson, an abutter, replied that
the Goulds had asked them to move a truck which made them uncomfortable in
pulling out onto the road. Paul Kimball,
a resident, stressed that the required frontage is needed to provide the
spacing and allowing variances of this dimension encourages density which is
contrary to the spirit of the ordinance.
Attorney Daly reiterated that precedent value is not binding on the
Board as each case is unique.
The worksheet was reviewed: #1 failed with Board members disagreeing with
Attorney Daly’s presentation citing the testimony of abutters and the opinion
of the Board, #2 failed as the Board ruled that granting the variance would not
be of benefit to the public interest due to setting a precedence for a
non-conforming lot and would be contrary to the public interest, #3 failed as the
Board ruled there would not be unnecessary hardship as there were other means
for use of the property including the possibility of an in-law apartment, #4
failed as substantial justice would not be done because the proposal would be
an injustice to neighboring properties, and #5 failed as the Board ruled the
use proposed would be contrary to the spirit of the ordinance as it
specifically goes against the regulations.
John Andreasse moved to deny the application for variance as it failed
to meet the five criteria, seconded by M. Schwotzer with all in favor.
3) Charles Fanaras,
NEW BUSINESS:
Review
of Process and Procedures per the July/August 2005
Approval
of June 7, 2005 minutes - John
Andreasse moved to accept the minutes of June 7, 2005 as written, seconded by John Ronan with all in favor.
Adjournment
– John Ronan, who is resigning, having served at his last Zoning
Board of Adjustment meeting moved to adjourn at 9:20 pm, seconded by John
Andreasse with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant