Meeting was called to order at 7:40 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, licensed land surveyor, and Charles Fanaras presented a corrected survey. Mr. Nichols had submitted a letter to the Board January 19, 2006, following approval by the Board on January 3, 2006, stating that further investigation of the property and abutters information found that we are in agreement with the property lines shown on Plan D-9148 by Parker Survey Assoc., 1989 for Lambert, Quirk & Perry. M. Schwotzer moved that the original granting on January 3, 2006 of the variance for Charles Fanaras be rescinded due to inaccurate information being presented as the basis for the decision, seconded by John Andreasse with all in favor.
Mr. Nichols explained that the roof currently overhangs by .9” and they have contacted the abutter regarding a possible easement as well as a temporary easement to plant a tree buffer. Following completion of construction the temporary easement would cease.
A separate filing for a variance from wetlands will need to be done as the garage would be within 50 feet of Hydric B wetlands, Article 7.5 D of Ch. II. Since there were only three members present, Mr. Fanaras and Mr. Nichols opted to continue to the next meeting before a full board. John Andreasse moved to continue to the next meeting of June 6, 2006, seconded by M. Schwotzer with all in favor.
Application of Gregory Swanton - 164 South Road, Map 4, Lot 16-2 for a Special Exception for commercial use in accordance with Article 8.4.A&B to establish a Real Estate Office. Mr. Swanton explained that the business use would be very low volume, occasionally meeting with clients and real estate agents in his home. He would have essentially a computer and phone in a small office in the basement. The property consists of 10.82 acres and more than enough frontage.
Public input was from abutter Ralph Lampman who expressed objections to increased commercial use along South Road. The Board suggested he speak with the Selectmen. The Board explained to Dan Barrette, 168 South Road, that the Special Exception goes with the property and could continue or be changed if the property sold. M. Schwotzer emphasized that if it is a change of use it must be presented to the Planning Board for Site Plan Review. Robert Soper also expressed concerns regarding commercial expansion down the road to his property and the lack of enforcement.
Joan Skewes read Article 8.4, Uses Other Than Single Family Dwellings, from the Zoning Book, Chapter II, page 20. It was determined that the property did not meet the requirements regarding setbacks as listed in Article 8.4B.3b. John Andreasse moved to deny the application for lack of meeting the requirements of Special Exception, most notably the setback requirements as stated in Article 8.4B.3b, seconded by M. Schwotzer with all in favor.
Any other Board business – The Board discussed the enforcement problems/issues and the addition of imposing time limits to meeting conditions. The members agreed most would be decided on a case by case basis, and could include voiding or nullifying approvals if conditions are not met within reasonable time limits.
Approval of January 3, 2006 minutes – M. Schwotzer moved to accept the January 3, 2006 Public Hearing/Meeting minutes, seconded by John Andreasse with all in favor.
Adjournment – John Andreasse moved to adjourn at 9:00 pm, seconded by M. Schwotzer with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant