Correspondence

Incoming

Planning Board minutes dated 7/21/04.

Zoning Board budget printout dated 7/30/04.

Planning Board Legal Notice for hearing scheduled 8/18/04.

Outgoing

Richard Lilligard letter dated 7/22/04 re: Sideline Variance denial.

ZBA Legal Notice for meeting dated 8/11/04.

Craig Laurence dated 7/28/04 re: Home Business renewal approval.

Daniel Paul dated 7/21/04 re: Accessory Living Unit approval for 10 Bluebird Lane.

Under Present: Change "Sandy Carter, Vice Chairman" to "William Friel, Vice Chairman"

Motion was made by Mr. Friel to accept the minutes as amended, seconded by Mrs. McGrath and unanimously approved.

The Board discussed changing the application for a variance based on the Supreme Court’s ruling in the Boccia case.

Discussion – Kevin Camm re: New Septic Plan for Seasonal property located at 37 Stickney Road regarding Zoning Section 410:8 setback to wetland as it applies to existing/replacement systems.

Mr. Polito read Zoning Section 410:8. Mr. Camm explained that Shirley had told him he did not meet the 100’ requirement for the new system and told him he would need to go before the ZBA. Mr. Camm thought that this did not apply. Mr. Polito wanted the minutes to be clear that the way it would come before the Board was to have Mr. Chamberlain or someone else make a ruling to which Mr. Camm would have been appealing. Mr. Camm stated that he was here for informational purposes only. Mr. Polito wanted the Board to be careful on giving an opinion that prejudiced the ability to hear an appeal. Mr. Polito asked Mr. Chamberlain, how he read this Zoning. Mr. Chamberlain agreed that this left things wide open, but is trying to find out. As the Health Officer, he cannot sign off unless there is permission from the Board and the Selectmen. The way he reads the Zoning, this is grandfathered and this does not have to be dealt with by the Zoning Board . Mr. Polito said the State requirement is 75’ and the Town has a requirement of 100’. In his opinion, without facts and not looking at this specific case, he would guess that the reason this was written was to give some relief to all of the septic systems that were installed prior to the 100’ setback and that met State standards. This cannot grant relief to the State Standard. Mr. Polito’s opinion was that an older house that predated the zoning might get 25’ of relief, but that is it. Mr. Chamberlain agreed.

Mr. Polito stated that Shirley had made him aware of another issue regarding the plan not corresponding to what has been legally approved to this lot. Mr. Camm was aware of the issue but was only here to talk about the zoning with regard to the 100’ setback.

Robert & Carol Kolifrath request for Variance from Article IV, Section 400:4 of the Zoning Ordinance to allow replacement of an existing 2BR dwelling 13’ from left sideline (2’ variance), 2’ from right sideline (13’ variance) and 5’ from rear line (10’ variance) on property located at 14 Stickney Road, Map 23, Lot 45, RR3 Zone.

Mr. Polito explained to the Kolifraths that because there were only three members present, the vote would have to be unanimous in order for it to be approved. Mr. Polito gave the Kolifraths the opportunity to continue to the next hearing if they wished. The Kolifraths did not want a continuance.

Abutters list was read with the following present: Mr. and Mrs. Kolifrath

Mr. Polito explained that the Board had told the Kolifraths that they needed to build pretty much the same size house that was presently there, but the Board would give them some latitude around placement. Mr. Kolifrath explained that the old structure was 899 square feet on the first floor. The new building was 896 square feet on the first floor. The porch has been taken off on one side and will be built as a colonial instead of a cape. Mr. Kolifrath presented some plans showing the existing structure and what is proposed. Mr. Polito asked about the square footage on the second floor. Mr. Kolifrath said it would be the same as what is on the first floor. He said that Mr. Lewis only said the house had to be in the same footprint, but nothing was mentioned about the second floor. Mr. Kolifrath explained the house is not much larger overall. Mr. Kolifrath moved the house further from the road and off the neighbor’s lot line. The current house is approximately 1400 square feet and the proposed house is approximately 1800 square feet total. The septic system was replaced two years ago and the Kolifraths had the approved plan.

The Board reviewed the criteria:

Based on the pictures and drawings, the Board agreed this was met.

This stands on it’s own. The Board agreed this was met.

Applicant made the best use of this wider and deeper lot.

I) Area Variance criteria is met.

II) The applicant is making the situation better. The house is already non-conforming. The Board agreed this was met.

The Board agreed this was met

The spirit and intent of the ordinance is to promote health, safety and welfare, which this plan does. The Board agreed this criterion was met.

Michael Saviano submission of an application for Special Exception as specified in the Zoning Ordinance, Article VII, Section 700:1A,D&E to allow for expansion of the existing footprint 4’ and expand the second floor over entire footprint. Also, request a Variance from Article IV, Section 410:8 to permit a 12’ expansion away from the lakefront (61’ variance) and extend deck 8’ toward lake to within 25’ and extend 4’ to within 12’ from wetland (variances of 75’ + 88’ ) on property located at 33 Boulder Cove Road, Map 20, Lot 12, RR3 Zone.

Abutters list was read with the following present: Thomas Schwant;, Barry Reed for Walworth and Mary Lou Williams ; Katherine Wambert, President of Big Island Pond Associates, Michael Saviano

Mr. Polito explained to Mr. Saviano that because there were only three members present, the vote would have to be unanimous in order for it to be approved. Mr. Polito gave Mr. Saviano the opportunity to continue to the next hearing if they wished. Mr. Saviano did not want a continuance.

Mr. Saviano stated that he started this process in May and was told by Mr. Jones that he would have to apply for State approval from the Department of Environmental Protection, which he did and he also went to the town Conservation Commission. He met with them the second week of July and they voted to support the plan. Mr. Polito asked if he had a letter from them. He did not. Mr. Polito could not find any letter from the Conservation Commission in the file.

Mr. Saviano explained that the DEP came to the property and took pictures. Mr. Polito read the application that was submitted by Mr. Saviano to the DEP. Mr. Polito questioned the discrepancy on the DEP application regarding adding the 8’ x 10’ entryway. Mr. Saviano gave Mr. Polito the amended copy from the DEP.

Mr. Polito read the application to the DEP. Mr. Saviano stated the property was built into the side of a hill. When you come down the driveway and you get out of the car, you are actually standing at the second floor level. Instead of walking down the stairs and around to the lakeside of the house, he is proposing to put an 8’ x 10’ entryway on this side and this will become the main entrance. Mr. Polito asked what the living space is now and what it is proposed to be. Mr. Saviano stated that it was in the application to the Board. Mr. Polito asked if it was added up. Mr. Saviano stated it was not, but said it could be figured out. Mr. Polito said he would have liked Mr. Saviano to do it. Mr. Polito wanted an overview of what is there now and what is being proposed. Mr. Saviano explained that the drawing showed the footprint of what exists.

Mr. Polito asked if there would be any change in the footprint of the cellar. Would there be any pouring of foundation walls. Mr. Saviano said that footing would have to be put in for the 8’ x 10’ addition. Mr. Polito asked where that was on the drawing. Mr. Saviano said it was actually on the site plan. Mr. Polito asked if, the cellar would be the same, on the first floor there is a 4’ x 46’ extension? Mrs. McGrath asked if the 8’x10’ addition was on the first level. Mr. Saviano explained that it was not. Mr. Saviano explained the cellar is the same, the first floor has the 4’ x 46’ extension and the second floor would have the 8’ x 10’ extension, entryway. Mr. Polito asked Mr. Jones to look at the drawings. Mr. Saviano explained that the second floor is level with the ground when you come in. The cellar and first floor is below grade at the rear of the property. Mr. Polito asked if the 4x46 had a cellar under it? Mr. Saviano said it sits on top of the other two. These are all on top of each other. The 46, is the 46, is the 46. Mrs. McGrath said the cellar footprint changes and Mr. Polito agreed. Mr. Saviano said the cellar existed 26’ and he can’t change that. Mr. Polito didn’t follow. Mr. Saviano said there are two foundations at the rear of the property. The property was added on to 1976, the side was added on and a new foundation was put in the back. Mr. Polito said he was totally confused. Mrs. McGrath and Mr. Friel agreed. Mrs. McGrath asked how you add to the first and second floor without going down to the cellar. Mr. Saviano said there is a foundation behind the first floor that goes into the earth. It comes up level with the back yard. The back yard is level with the ceiling of the first floor. He is going to put the addition on the second floor and it will be level with the back yard. It will sit on the existing building. Mr. Saviano said there is a step foundation. Mrs. McGrath asked if it went down to the cellar. Mr. Saviano said it went down behind it. Mr. Saviano stated that nothing is being added to the cellar. Mr. Polito stated the elevations are missing and that is why the Board is having a hard time understanding this. Mr. Saviano said that they could see it by the picture he has. The Board looked at a picture, which was a black and white photocopy of a picture. Mr. Polito said he was still struggling to understand and that these were not the type of plans that he could look at, and that could become part of a record to know what is being done. Mr. Saviano thought the Board was worrying about how much he was expanding, which is a building department issue. Mr. Polito stated Mr. Saviano should be coming in with a drawing. Mr. Saviano said he could do that right now. Mr. Polito said that would be good. Mr. Saviano attempted to draw what he was proposing to do. The Board reviewed some photos. Mr. Polito asked what a particular structure was and Mr. Saviano answered it was a garage/workshop. Mr. Polito stated that it looked an awful lot like a house. Mr. Saviano replied that it was intended to look nice. Mr. Polito asked Mr. Saviano if he attested to the fact that nobody lived in this. Mr. Saviano stated that no one lived in it but that he does sleep in it because he is working on his house. He is one person and lives on that property alone. No one else lives there.

The Board tried to review what Mr. Saviano drew and tried to further understand what was being proposed. Mr. Polito asked about rooflines on the first and second story additions. Mr. Polito asked Mr. Saviano to depict them in orange. Mr. Polito tried to match the requests in the application to the DEP and to the drawings Mr. Saviano provided. Mr. Saviano stated he was making a new kitchen and a bedroom. The first floor has two bedrooms. There was still much confusion. Mr. Polito said he had to stop this because the Board has spent 35 minutes with no floor plans. He does not think the Board has a complete application. Mr. Saviano stated the Board had a complete floor plan in front of them. Mr. Polito disagreed and asked Mr. Saviano to show him the existing floor plan, what the rooms are and square footage and a floor plan with what the rooms are going to be; bedrooms, living rooms, stairways, everything. Mr. Polito showed him the floor plans of the last applicant and told Mr. Saviano this is what the Board needs. Mr. Saviano said that is not asked for in the application. Mr. Polito said it was his responsibility to come before the Board and adequately explain what is proposed. He is drawing pictures in front of the Board. They are not required to tell him what to bring. Mr. Polito said he does not know how to interpret his story because it is complicated. It may be fine, but he does not want to spend another two hours helping him to develop an application. Mr. Saviano said that he has been waiting for three months to get this done. Mr. Polito said that he did not have a complete application. Mr. Saviano disagreed. Mr. Polito asked if the Board wanted to continue and try to go through this one step at a time and do floor plans. The Board agreed they did not.

Mr. Polito said the Board was not looking for architect’s drawings, but they need to be much more detailed than what has been presented. Pictures of existing house, a clear footprint, what it is going to be and what it was, sketches of living space, square footage calculated out and pictures of what it will look like

Mr. Saviano said he had not gone out to spend that money yet until he saw what the Board wanted. Mr. Polito stated that Mr. Saviano was in the construction business and thinks he knows how to sketch out on ¼ graph paper what he is doing. Mr. Saviano said that he would like to do that now. Mr. Polito said they were not going to do that now. Mr. Saviano believed the Board had to hear him through. Mr. Polito asked the Board what they wanted to do. Mr. Friel said he needed to see elevations. Mrs. McGrath agreed she could not understand exactly what was being proposed without more detailed drawings and pictures. Mr. Polito stated that he did not have a letter from the Conservation Commission. Mr. Saviano said that was not his fault. Mr. Polito said it was because it is his application. Mr. Polito asked Mr. Saviano if he would like the Board to vote without a complete application, because he knew what the result would be. Mr. Saviano said he knew what the result would be anyway. Mr. Polito said he did not know what Mr. Saviano was doing. Mr. Saviano said he knew how the Board would vote because they are consistent when it came to him. Mr. Polito asked if he were so sure then why would he proceed. Mr. Polito said he was willing to entertain a motion to continue this to next month contingent upon Mr. Saviano providing information sufficient for the Board to understand what he is doing and what is currently out there. He also suggested the Board go out and do a site walk to further understand the proposals and also to look at the property because it has a checkered past. Mr. Saviano stated he could tell he was already prejudiced in his thoughts. Mr. Polito stated that the septic plan shows a cottage in year 2000, yet in 1998 there is something from the Board that clearly states that it is a garage. Why would there be a septic plan showing a cottage? Mr. Saviano said that is a cottage and that is not the same building. Mr. Saviano said the Board could vote and turn him down. He knows Mr. Polito would probably give a good friend of his more weight, so do what you are going to do, because he knows what he is going to have to do anyway. Mr. Polito said the wisest thing for Mr. Saviano to do is continue to next month. Mr. Saviano did not want to continue. Mr. Polito asked if he wanted to withdraw. Mr. Saviano said no and asked the Board to vote on it so he could appeal. Mr. Friel said they do not have enough information to vote. Mr. Polito said the Board could turn down an incomplete application and suggested that the Board make a motion that the Board finds insufficient information to conduct an adequate hearing and the applicant has asked for a vote. The Board has offered to continue. Mr. Polito told Mr. Saviano he was willing to work with him, but he thought the Board needed to look at the property and they needed more detailed plans of what was being done. Mr. Saviano said he was just spinning his wheels. Mr. Saviano contended the Board could go through his application and clear up any additional issues. If he comes back next month, the Board will get to the next page and say, "oh, I didn’t see this page" and there will be more issues. Mr. Polito asked Mr. Saviano if he had been before the Board before. Mr. Saviano answered yes. Mr. Polito said that he knows how the Board operates. Mr. Saviano contended if the Board did not review his entire application he would be spinning his wheels down the road. Mr. Saviano wanted the Board to go through everything and claimed the Board was refusing to do it. Mr. Polito asked him what he wanted him to look at. Mr. Saviano replied he wanted them to go through the application and if there was not enough information he could provide it and make it a contingency on the vote. Mr. Polito said they would not do that. Mr. Saviano claimed the Board needed to go through the application so he would know there were no more issues to be dealt with. Mr. Polito said it was not his job and that it was his job to come in with a complete application. The Board was struggling to understand what is being done. They should not have to struggle. Mr. Saviano wanted to know what issues the Board has a problem with. Mr. Polito responded he did not know because he did not know what Mr. Saviano was asking for. Mr. Polito reiterated he wanted to see floor plans of all the floors, including square footage, pictures of the house. Mr. Saviano said that is not a requirement of the application. Mr. Polito asked him to show where in the RSA’s where it says anything about the requirements of an application.

Mr. Polito said this would not be turned into a confrontation. Mr. Saviano said he wanted his application voted on.

Mr. Saviano asked if the Board was refusing to hear his application. Mr. Polito told Mr. Saviano that he had a continuance. Mr. Saviano said he did not want a continuance and said the Board was refusing to hear his application. Mr. Saviano claimed the Board is not giving him the proper review. Mr. Polito asked Mr. Jones if he understood what Mr. Saviano was trying to do. Mr. Jones responded he did not. Mr. Saviano continued to claim the Board was refusing to hear his application and wanted to know the basis for this. Mr. Polito reiterated it was because the application was not complete. Mr. Saviano disagreed and claimed all of the information was here. Mr. Saviano asked again what information he needed. Mr. Polito stated he would not be backed into a corner and would not provide a bullet list. Mr. Polito told Mr. Saviano he could withdraw. Mr. Saviano said no. Mr. Polito said he was done for tonight. Mr. Saviano insisted on hearing a vote that the Board refused to hear his application. Mr. Polito said a motion was already made regarding this. Mr. Saviano demanded to be heard tonight. The Board refused. Mr. Polito told Mr. Saviano if he wanted to get this built, he certainly did not get off on the right foot. If he wanted to go play with the Courts and fool around then he would be wasting months. The Board is willing to work with him, but he will not be jerked around. Mr. Saviano claimed there were other things that may be issues in the application and the Board refused to hear them.

Minutes transcribed from tap Respectfully submitted

Rebecca Russo _______________________________