Meeting was called to order at 7:34 pm.
Gregory Swanton, 164 South Road, M 4, L 16-2, requesting a Special Exception for Home Occupation in accordance with Chapter II, Article 8.4C – Mr. Swanton explained that he’d like to have a 14’ x 18’ office in his basement with a computer and a phone for Real Estate business. The Board reviewed Article 8.4C determining that the square footage and parking area met the criteria. John Andreasse asked about employees and Mr. Swanton explained that he does not have any. It was agreed the hours of operation would be 8:00 am to 9:30 pm with a maximum number of clients coming to the office limited to five per week. M. Schwotzer moved to approved the request for Special Exception for Home Occupation with the following conditions: 1) Maximum number of 5 (five) clients on site per week between the hours of 8:00 am and 9:30 pm; 2) No employees allowed on site except for incidental visits; 3) No real estate closings to be held on the premises; 4) Application for Site Plan Review within 45 days or this decision is null and void; and 5) one unlit sign, maximum four square feet. John Andreasse seconded the motion and all voted in favor.
Continued - Charles Fanaras, 89 Amesbury Road, Map 11, Lot 11A requesting an Area Variance to Chapter II, Article 7.5 D to build a 28’ x 30’ garage within 50 feet of Hydric B wetlands. Dick Parker explained that he did not believe he needed to recuse as the plan issue had been resolved. Mr. Fanaras and the other members agreed. Mr. Fanaras presented two easements; one temporary for construction and one permanent for building maintenance. Alternatives to the plan presented were discussed at length; however, Mr. Fanaras remained firm that other alternatives would not be economically feasible. He stated he needed the building primarily to store his vehicles and equipment such as lawnmowers, etc. The Statement of Reasons work sheet was reviewed after hearing all the evidence. Members agreed that there would not be a diminution in value of surrounding properties as a result of granting the variance, but disagreed two to three whether granting the variance would/would not be contrary to the public interest. Literal enforcement resulting in unnecessary hardship and substantial justice being done were voted as one would and four would not. The Board agreed that the use contemplated would not be contrary to the spirit of the ordinance. John Andreasse moved to deny the request for a wetlands variance based on failure to meet the five criteria four to one, seconded by M. Schwotzer with all in favor. Mr. Fanaras asked to withdraw his request for a variance from the lot line, and the Board granted his request with no findings.
Approval of May 2, 2006 minutes – M. Schwotzer moved to accept the May 2, 2006 Public Hearing minutes as proposed, seconded by John Andreasse with all in favor.
Any other Board business – Chairman Dick Parker asked about adding a statement to either the approval form or creating a new form with wording that would clearly describe the consequences of non-compliance or violation of the approval and conditions. Members agreed that Mr. Parker would contact Town Counsel by letter regarding this matter to determine what might be legally feasible.
Adjournment – John Andreasse moved to adjourn at 9:35 pm, seconded by M. Schwotzer with all in favor.
Respectfully submitted,
Denise Gregson
Administrative Assistant