Correspondence

Incoming

1. Home Business Application, Thomas Tarr, 8 Dow Avenue, Map 8, Lot 124.

2. Attorney Sumner Kalman dated 7/22/02 re: Miner v. Town of Atkinson declining of Notice of Appeal.

3. Planning Board minutes dated 7/17/02.

4. Planning Board letter of approval of Subdivision for Mr. Alex Deltwas, 61 Providence

5. Hill Road, Map 6, Lot 21.

6. Zoning Board Budget printout dated 8/1/02.

Outgoing

1. Dorothy Heffernan dated 7/17/02 re: Home Business renewal ‘Dotties Beauty Shop, Map 8, Lot 58.

2. Frederick D’Urso dated 7/18/02 re: Home Business exemption ‘Bitter Hill Farm’, 4 North Broadway, Map 3, Lot 18.

3. Robert Weber dated 7/29/02 re: Wetland Variance approval on 23 Stickney Road, Map 23, Lot 25.

4. Legal Notice of Zoning Board Hearing on August 14, 2002.

Discussion – Thomas Tarr – Dow Avenue

Mrs. McGrath read the Home business application. The Board agreed that when it received a letter from Mr. Kirsch indicating that the truck has been screened, the business would be exempt. Mr. Kirsch is on vacation at this time.

Mr. and Mrs. Tarr were present and wanted to speak to the issue. Mr. Tarr explained that when this was discussed at last month’s meeting, they were told to screen the vehicle on three sides. There is only one other house in the cul-de-sac and that neighbor does not have an issue with the truck. Mr. Tarr installed a fence to screen the vehicle and presented pictures to the Board. Mrs. Tarr indicated that she had been trying to reach Mr. Kirsch because the 30-day period had now been reached and they wanted to be sure that they were now in compliance and that there would be no daily fines. When Mrs. Tarr came into the office this afternoon she saw that there was a discussion on the agenda regarding this issue. She left several messages for Mr. Kirsch. Mr. Kirsch left a message on their answering machine that he was still not satisfied with the screening and that he wanted a gate for the side that could be seen from the cul-de-sac. The Tarrs’ believe they complied with the screening requirements and that Mr. Kirsch was being unreasonable. They were also upset that they were not notified by Mr. Kirsch before the 30 days had expired.

Mr. Carter stated that he could not make any decision without hearing Mr. Kirsch’s side of the story. The Board agreed that they did not have any indication from Mr. Kirsch that compliance had not been met and that Mr. Kirsch should have notified the Board of his approval or disapproval. However, understanding that Mr. Kirsch is on vacation, and that the Board did not have any information from Mr. Kirsch before it, the Board concurred that any compliance issue is "stayed" until the next meeting and told the Tarrs that there would be no fines imposed in the interim.

North End Blvd. Corporation request for a Frontage Variance from Article V Section 530 of the Zoning Ordinance to permit a 3,840 sq. ft. sales/office building with a 33’ front yard setback as opposed to the required 50’ setback on property located on industrial Way, Map 16, Lot 4, CI Zone.

North End Blvd requested a continuance via letter.

Robert Allen J., request for Variances from Article IV, Section 410:8 of the Zoning Ordinance to allow construction of a 50’ x 26’ addition 65.6’ from wetland (35± variance), and one 12’x12’ addition – 82.8’ from wetland (20’± variance) as opposed to the required 100’ on property located at 9 Emery Drive, map 16, lot 32, RR3 Zone.

Abutters list was read with the following present

Robert Allen; Mr. and Mrs. Norman Cote; Mrs. Peter Isenberg; Mr. and Mrs. Steven Paley; Daily Revocable Trust; Mr. and Mrs. John Widman

Mr. Allen presented that Board with a drawing of what the house was going to look like with the proposed 50 x 26 addition.

Mrs. McGrath read a portion of the minutes from the hearing of July 17, 2002.

There was an issue on whether Mr. Allen needed a Variance from the front lot line requirement. Mrs. McGrath read section 400:4 of the Zoning, which stated that distance to the front lot line must be 30’ or the same distance from the adjacent lot, whichever is greater. The Board determined that the adjacent lot had a dwelling, which was 47’ from the front lot line. Mr. Carter believed that if the dwelling were to be moved closer to the street than it is currently, it would require a variance. Mrs. McGrath agreed. Mrs. McGrath stated that based on the new drawing, Mr. Allen would need to apply for a fourth Variance for the front line setback.

Mrs. McGrath then addressed the septic approval issue. Mr. Allen stated that the plan for the additions includes additional living space, although the living space is not shown on the drawing. The property currently has a three bedroom septic permit. Mrs. McGrath stated that Mr. Allen commented at the last hearing that the property has four bedrooms now and that he may utilize some of the new living space as a new master bedroom. Mrs. McGrath thinks there may be a compliance issue and that the proposed addition could not be done without the appropriate septic permit. Mr. Allen’s belief was that bedrooms and bathrooms were what counted in the septic equation. He said that is what Mr. Jones also explained to him. Mrs. McGrath read the definition of a bedroom. Mrs. McGrath contended that if there is a room that is 80 square feet or larger, it is considered a potential bedroom. Mr. Lewis contended that the building inspector would not issue a building permit without the proper septic approval and wondered why the Board should be involved in that aspect. Mrs. McGrath stated that the issue is properly before the Board because of the potential impact on the wetlands. The variances requested are for encroachment on the wetland setbacks due to additional living space. Mr. Allen stated that he did not understand this issue because there are not four bedrooms in the dwelling. However, the drawing presented only indicates ground level garages. No drawings were presented showing the space of the two twelve foot additions or the second floor of the 50’ by 26’ addition. Mr. Allen stated that he had spoken in detail about this proposal with Mr. Jones. Mr. Allen now stated that there are not four bedrooms in this home, and that his engineer told him that this lot could easily accommodate a four bedroom septic if needed. He is not looking to do that. The Board looked at the old lot plan in the file (approximately 1991) to see where the septic system was located on the lot and noted that it looks like the septic system is located at the farthest distance from the wetlands and that enlargement of the septic area would likely not be a wetlands issue and enlargement would likely be possible.

Mrs. McGrath asked what Mr. Allen was proposing to do. Mr. Allen had hired an architect but does not want to go ahead with them until he gets the Variances he needs. Mr. Allen stated the first floor of the new addition was now going to be a three-door car garage; two doors facing the street (with additional two windows alongside the doors) and a third door 16 ft. wide on the side of the addition, wide enough to accommodate his boat. The second floor will have two rooms with cathedral ceilings. Mr. Carter asked if there would be main access to the existing house. Mr. Allen stated that there would be a double doorway into the existing family room. The drawing only showed the revised outside front of one addition. Mr. Allen stated that this was just a sketch that could be altered based on the Board’s comments. Mrs. McGrath commented that it looked like an accessory unit. Mr. Allen said that the two rooms were supposed to be a poolroom and a mudroom. Mr. Allen said that he could leave the wall out and make one gigantic room. Mr. Lewis did not believe the Board had the right to tell an applicant how he could or could not design his home. Mr. Carter stated the Board needed to know and see the proposed changes when granting a Variance because the approval would be contingent upon the septic approval being granted. The Board would need to know if it is four bedrooms of five bedroom, etc. Mrs. McGrath said the Board was not trying to tell him what to do, but that they were fact finding and trying to find out what Mr. Allen wanted to do. The drawings do not address the two 12 foot additions and do not address the use of the 50’ by 26’ additions. All that is being presented is a front, outside sketch.

Mr. Allen was confused at to what the Board was looking for and asked if the hearing could be continued so that he could have Mr. Jones present next time. He also wanted to bring plans to the next hearing for the back additions. The Board needs adequate information before granting any variances and repeated to Mr. Allen that it needs to see elevations, soil scientist’s reviews and plans showing exactly what is being proposed for the all of the additions. The abutters had no comment regarding the continuance.

James & Lois Paul request for Variances from Article IV, Section 400:4 of the Zoning Ordinance to permit construction of a wrap-around deck closer than the 30’ frontage and 15’ sideline setbacks on property located at 45 Hemlock Shore Drive, Map 22, Lot 83, RR3 Zone.

Abutters list was read with the following present:

Lois and James Paul; Dorothy Goldstein

The Pauls’ explained that that they were proposing a wrap-around open deck, and screened room on one section. Mr. Carter had questions on the issue of determining dimensions and setbacks of a corner lot. Mrs. McGrath read the definition of a lot corner. "The minimum depth of yard from every lot line bordering the right of way shall be the depth of the yard required for the front yard along that right of way". The Board determined this had two front lines. The Board reviewed the plans. Mr. Carter stated that the increased impingement is 4’ closer than what he is right now.

Mr. Paul stated that the back deck has existed for 30 years. Mrs. McGrath asked about the abutter on Lot 20. There was no comment from the abutter. Mr. Paul stated that the wall of the foundation on Lot 20 is 10’ (ten feet) less from that lot line. The Pauls explained that the proposed side deck does not go any closer to the lot line than the existing deck because they designed it with an angle. It is parallel to the existing deck line. Mrs. McGrath asked about lights that might be out there now or if a new deck is built. Mr. Paul stated that there is only one light and no new lights in the direction of Lot 20.

The Board discussed some design alterations to the right front corner, with respect to cutting the corner on an angle and to moving the steps. This would reduce the amount of variance necessary. The Pauls liked this idea and agreed to change the design slightly.

The Board reviewed the criterion

1. The Board agreed that this was in keeping with the surrounding area. There was no abutter comment against this proposal. The Board agreed this criterion was met.

2. The Board agreed this would not be contrary to the public interest. The Board agreed this criterion was met.

3. a.) The Board agreed the usage was reasonable for the setting it is half the distance to the lot line. The Board agreed this criterion was met.

b.) There is no further intensity. The Board agreed this criterion was met.

c.) The Board agreed this criterion was met.

4. The Board agreed this was met as written. The Board agreed this criterion was met.

5. The Board agreed this was met as written. The Board agreed this criterion was met.

Salvatore Listro request for a Special Exception as Specified in the Zoning Ordinance Article VII, Section 700:2 to allow a change in status of a Seasonal Dwelling to a Year Round Dwelling of property located a 2 Chase Island, Map 22, Lot 54, RR3 Zone.

Abutters list was read with the following present:

Salvatore Listro; Dorothy Goldstein

Mr. Listro presented the septic plan to the Board that had all of the necessary signatures. There was a consensus of the Board that all of the conditions were met.

Mr. Carter made a motion to approve the change of status of the dwelling to year-round based on all three of the conditions having been met. Mr. Lewis seconded the motion and it was unanimously approved.

Minutes Transcribed form Tape Rebecca A. Russo