PRESENT: Paul Spidle, Dave Mylott, Ron Nowe, Paul
Brown, Bob Jordan; Alternate Patrick Pagnani; Secretary Phyllis McDonough.
CALL TO ORDER: Chairman Spidle called the meeting to order at 7:00 P.M.
WILLIAM & PAMELA PACIONE FOR AN APPEAL
FROM AN ADMINISTRATIVE DECISION – Chairman Spidle read notice of the application by William &
Pamela Pacione. Applicant is requesting
an extension from a Variance granted on November 9, 2005 to remove a barn from
their property at
Bill Pacione came
before the Board to discuss a request for an extension on the variance he received
in 2005. He explained the new
construction began in July 2006 and completed in November 2006 at which time
the horses where brought into the new barn.
In spring of 2007 he began inquiring into dismantling the old barn to salvage
roof rafters and wind planks on the decking as opposed to the demolition. He explained the only interest was from J
& L Construction who stated he could start the demonstration in the
fall/winter when his construction business slowed down. Pacione reminded the Board that the winter of
2007 & 2008 was very snowy which did not provide an opportunity for him to
do the work, and in the winter of 2008 J & L Construction informed him they
could not afford to hire a crew for the project. Pacione explained he has since received two
estimates in the amount of approximately $5,000 to have the work done.
Pacione explained
due to hard economic times he delayed the demolition, although has every
intention to tear the old barn down. He
explained he was not present at the time of the granting of the variance and
questioned why there was nothing in the condition on when to tear the old barn
down. Chairman Spidle explained the Board
is in agreement on the application for the variance where it reads that
granting the variance would be of benefit and on that question it was stated
that the barn would be taken down and that was taken into consideration when
the decision to grant the variance by the Board as it was one of the five
criteria. The Chairman asked Mr. Pacione
if he had a target date to take the barn down.
Mr. Pacione stated they were looking for a five year extension. Chairman Spidle stated he did not feel five
more years to tear the barn down was acceptable.
Chairman Spidle asked
the building inspector if he inspected the barn, and if he thought there was a
safety hazard. Kramer stated he had seen
it from the outside, but has not been on the inside and stated the roof is in
disrepair.
Chairman Spidle
asked Kramer if he issued an order to tear it down. Kramer stated he did after receiving a
complaint and spoke with Mrs. Pacione for a resolution. Chairman Spidle asked Kramer what he would
consider a reasonable time to tear the barn down. Kramer stated he thought the time he gave
them was reasonable when he spoke to the Pacione’s in August and gave them to
November.
Mylott questioned
Kramer what his interpretation was when he looked at the minutes. Kramer stated three years this hadn’t been
done and thought it to be an oversight.
He stated he pushed harder when the Pacione’s decided to come before the
Board for the extension.
Abutter
Archembault stated he has no problem with the barn being up. He explained his background in building and
informed the board that after being in the building he could see that the building
is sound, and there is no danger of it falling down.
Brown stated he is
in favor of extending the request to take down the barn to 2 ˝ years. Chairman Spidle explained his thoughts would
be a year to take it down.
Nowe stated the situation
he sees is this variance was issued with the intention of the barn being torn
down and to allow more time is setting a precedent.
Mylott explained
he was on the Board with this application and never considered adding the time
as a condition as part of the variance as it was obvious with the way the application
was written. He explained he does not
want to set a precedent and realizes times are tough and feels the Board should
work at an extension for the Pacione’s if there is not a safety hazard. Mylott stated the Board does need to state
conditions in approval so there are not issues in the future.
Jordan stated with
all the room on the land even if something happened with the old barn it would
not effect any of the other structures, and is not opposed to give more time
with 2 ˝ years being more reasonable.
Chairman Spidle
asked if there were penalties if the condition is not met. Kramer explained the law as written, the first
day is $275 every day thereafter is $550.
Kramer explained
he is enforcing the Board’s decision, and would like a specific date put in the
conditions on when the structure is to be torn down.
Mylott moved,
MINUTES OF 12/22/08 FOR APPROVAL – Mylott moved,
MINUTES OF 12/03/08 FOR SIGNATURE – The minutes were duly signed.
ADJOURNMENT:
Respectfully submitted,
Phyllis McDonough,
Zoning Board of Adjustment Secretary
APPROVAL NOTIFICATION: January
14, 2009 - Minutes of December 22, 2008 were approved as
amended. Minutes of December 3, 2008
were duly signed duly signed.
_______________________ ________________________
Paul Spidle Dave
Mylott
______________________ _______________________
Bob Jordan Ron
Nowe
____________________
Paul Brown