Page 3, first paragraph, third last sentence. Change "Board" to "Conservation Commission".

Page 3, last paragraph, first sentence, change "Miss" to "Ms."

Mr. Holland asked that the minutes be amended to include the fact that Mr. Saviano asked repeatedly for the Board to review all of the criteria of his application point by point and that the Board refused to do so. It was explained that the minutes are not verbatim but are summarized. Mr. Holland claimed the requests by Mr. Saviano were not stated significantly in the minutes. Mr. Holland believed that the citizens should be able to amend the minutes when they are not correct. He asked that Ms. Rochford move to amend the minutes to reflect this. Mr. Friel was comfortable with the minutes as presented. Mr. Holland wanted another amendment to the minutes regarding discussion and input by him on the four-foot extension in the rear of the home. The Board was not clear on input from the public with regard to amending the minutes.

Attorney Sumner Kalman dated 6/13/05 re: Casey v. Town of Atkinson, Notice of Decision granting Motion to Dismiss.

Home Business Renewal Application for Dorothy Menzie, 12 Sunset Drive, Map 8, Lot 22. The Board reviewed the application. There were no changes. Ms. Rochford made a motion to renew the application for a home business. Mrs. McGrath seconded the motion and it was unanimously approved.

Home Business Renewal Application for Norma Smith, 52 East Road, Map 14, Lot 81. The Board reviewed the application. And noted that the only change was in the number of vehicles per week. Mrs. McGrath made a motion to renew the application for a home business. Ms. Rochford seconded the motion and it was unanimously approved.

ZBA Budget Printout dated 6/30/05.

Michael Saviano dated 6/30/05 re: 33 Boulder Cove Road.

Conservation Commission dated 7/11/05 re: Atkins, 83 East Road, Map 19, Lot 10.

Conservation Commission dated 7/11/05 re: 33 Boulder Cove Road, Map 20, Lot 12.

Outgoing

James Miller, 79 Maple Avenue, dated 6/9/05 re: Home Business renewal approval.

Gilles Gagnon dated 6/14/05 re: 12 Industrial Way, notice of denial without prejudice.

Andrew Kerr, 6 Bittersweet Lane, dated 6/14/05 re: Variance approval.

Michael Saviano dated 6/14/05 re: 33 Boulder Cove Road hearing on 7/13/05.

 

 

Michael Saviano request for Special Exception as specified in the Zoning Ordinance, Article VII, Section 700:1 to allow expansion of the first and second floor on an existing dwelling on a non-conforming lot plus a Variance from Article IV, Section 410:8 to expand the first and second floor of an existing dwelling closer than the required 100’ to wetland on property located at 33 Boulder Cove Road, Map 20, Lot 12, RR3 Zone.

Mr. Friel informed Mr. Saviano that based on the advice of legal counsel the Board would not be able to hear the case due to the current congruent case pending in Superior Court for August 1, 2005.

Mr. Saviano said his Attorney told him that the Board would not hear the case unless he withdrew the pending lawsuit against the Town and that he protested that. Mr. Friel stated that he did not know what discussions the attorneys were engaged in and was only told the hearing must be tabled.

Mr. Saviano again stated his objection for the record.

Bruce Bishop, representing Thomas and Diana Atkins request for Special Exception to permit construction of a 45’+/- x 36’ sq. ft. Extended Family Accessory Living Unit Addition according to Zoning Ordinance, Article IV, Section 460 plus a Variance from Article IV, Section 410:8 to permit this construction 51’ from wetland (49’ variance) as opposed to the required 100’ on property located at 83 East Road, Map 19, Lot 10, RR2 Zone.

Abutters List was read with the following present: Mrs. Atkins; Mr. Bishop.

The Board reviewed the plans presented by Mr. Bishop. Mr. Friel read a letter from the Conservation Commission, which had conducted a site walk of the property. The Conservation Commission did not have any problem with the proposal and unanimously supported it.

Mr. Bishop explained that they were proposing a space that included a common area, a bathroom/laundry, master bedroom and master bath and kitchen. There would be a walk up attic above the space and a garage. Mr. Friel asked if there was a significant grade change. Mr. Bishop said there was because the house is a split-level. The driveway is four feet lower than the slab on the house. There will be five steps coming up to the main level of the house from the accessory unit. Mr. Friel had concerns about the attic because it could easily become a finished space. Mr. Bishop said that because of the style of the house, the roofline had to be raised up so they created an attic space. They want to utilize the attic space for storage because the house presently has none at all. Mrs. McGrath said there will be an issue regarding the size because it has to be 500 square feet or less. The common area was not calculated in Mr. Bishop’s equation because he said the grandchildren who are moving into the home with their parents would use it, as would Mrs. Atkins, who takes care of the grandchildren. Mrs. McGrath wanted to see the floor plan of the existing house to see how it all laid out. Mrs. McGrath believed that the way it was designed, a door could be put between the main house and the proposed common area making it possible for the common area to be the living room of a large accessory space. This would create a self-supporting apartment. Mr. Bishop said he tried to skim it any way he could. Mrs. McGrath also agreed that the attic could be a potential problem. Mr. Bishop reiterated that the attic would be used solely for storage. Mrs. McGrath asked if there were any plans to change the layout of the existing home. Mr. Bishop said there was not.

Mrs. McGrath went through the criteria to see if the proposal met all of the other conditions required for approval. The Board agreed it seemed to meet all of the other criteria except for square footage. The problem was the proposed common area room.

The Board discussed whether a wall could be removed between the exiting structure and the room that was proposed to be a common area, then the common area and the attic could actually be an addition to the existing dwelling. The stairs accessing the attic would become part of the existing dwelling. There would have to be some changes as to the access from the existing dwelling into the accessory unit and it would not have a living room as proposed but may reconfigure the remaining space somewhat for an accessory unit within the 500 foot requirement. Mr. Bishop thought this could be done and that he would be under the 500 square foot requirement. The Board agreed they would need new plans showing the proposed accessory unit met the square footage requirement and that proposed common area and stairs leading to the attic space is an addition to the main home.

Rebecca Russo APPROVED___________________