Meeting was called to order at 7:30 pm.
Continued - Charles Fanaras, 89 Amesbury Road, Map 11, Lot 11A. The applicant is requesting an Area Variance to Chapter II, Article 8.3, C.1 to build a garage less than the required 25’ from abutting property.
Paul Nichols, a licensed land surveyor, and Charles Fanaras presented a survey drawn by Mr. Nichols, who explained that he had referenced a plan done by Parker Survey in 1989. The monumentation was iron pins and the deed defined the lot. Chairman Parker disagreed with Mr. Nichols’ interpretation of the plan his company had drawn entitled “Subdivision of land for David Lambert, Sally Quirk and Elizabeth Perry in Kensington, October 1988 and recused. Joan Skewes took over as Chair. Following discussion regarding the accuracy of the survey, the Board agreed to accept the plan, certified by Mr. Nichols, a licensed land surveyor, as drawn. The survey depicted that the proposed garage would be 9.7 feet from the lot line toward the front of the property, and increase to 11.5 feet toward the rear of the property.
Mr. Fanaras explained that the building is not for his business, but rather for his personal use for tools, lawn equipment, etc., and stressed that he had no plans to expand his business. The Board reviewed the checklist finding that all criteria were met. During the proceedings, it was discovered that the garage would be within 50 feet of Hydric B wetlands and a separate filing for a variance for this will need to be done. M. Schwotzer moved to grant a variance to Charles Fanaras, 89 Amesbury Road, to build a garage with the following conditions as stated on the Notice of Decision: 1) Additional application and approval for variance from setback requirement to hydric B wetlands; and 2) Proposed structures will not be used for expansion of existing business, personal use only. The motion was seconded by Dan Chaisson with all in favor.
Discussion regarding possible changes to the Special Exception for Home Occupation ordinance – M. Schwotzer stated that home occupation was intended to be incidental use. Allowing expansion to out buildings could result in more commercial enterprises and residents in residential zones don’t want co-existing businesses. He said he felt it would be contrary to zoning. The other members unanimously agreed and decided not to make any changes to the ordinance at this time.
Approval of December 6, 2005 minutes – M. Schwotzer moved to accept the ZBA minutes of December 6, 2005 as presented, seconded by Joan Skewes with all in favor.
Adjournment – M. Schwotzer moved to adjourn at 8:35 pm, seconded by Dan Chaisson with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant