PRESENT: Paul Spidle, Dave Mylott, Ron Nowe, Paul
Brown; Alternates Peter Loch, Patrick Pagnani; Secretary Phyllis McDonough.
CALL TO ORDER: Chairman Spidle called the meeting to order at 7:00 P.M. and appointed
REQUEST FOR REHEARING OF ADMINISTRATIVE APPEAL OF J.H.
REALTY TRUST – Property located
at Railroad Avenue and Main Street, Tax Map 29 – Lot 290 (the “Property”)
Chairman Spidle explained the
Board has been asked to reconsider the appeal of J.H. Realty Trust based on four
issues sited in the packet submitted to the Board:
Mylott explained the
procedure for the request for rehearing.
He explained a decision was made and the question is to rehear. He stated this can be based on error of
procedure from the Board or they’re identifying Information that was not part
of the first hearing. The purpose of
this request is if the Board will consider rehearing the application.
Chairman Spidle explained the
Board denied the original application due to the fact that the request was not
timely.
Nowe questioned item #2 an affidavit
from Paul Harvey, which he feels is not such for the reasons of handwritten
changes, dates have been changed and it has not been notarize.
Mylott advised the Board
should look at each of the issues sited, and explained the first issue is the decision
based on a “fraudulent building permit” and then second shows an affidavit by
the former building inspector. Mylott
explained he concurs with Nowe on that affidavit ruling out the validity of the
affidavit.
Nowe explained the building
inspector’s secretary could not read some handwriting and typed the decision
and put it on the permit. He explained
this procedure has since been stopped.
Chairman Spidle asked if the
Board is going to consider the building permit or the affidavit. Mylott explained the previous code
enforcement indicated it was falsified and recalls signing it for a fence and
not a change of use.
Pagnani explained that
normally if there are handwritten changes on an affidavit they are initialed
and does not see that here, and questioned with something of this importance
why would someone neglect to have it notarized.
Next issue addressed was the
“Lack of Planning Board approval for change of use”. Mylott explained he does not see anything
that stands out other than the applicant disagreeing with the Board’s
decision. He stated that the dates in
the minutes of the meeting of December 20 meeting was brought up and discussed,
therefore does not see that as new evidence.
Next issue was Representations
by Planning Director and Board that no decision relating to the proposed change
was made. Mylott stated he does not feel
there was new evidence other than court cases sited and the “Municipal Estoppels”
that he does not see that as new evidence and was something that was discussed.
Next issue JHRT’s location
within 2,000 feet of the proposed Recreational Vehicle Sales Establishment regarding
the second decision and whether they had standing in the case and explained the
Board’s decision it was out of the 2,000 foot standing.
Mylott explained the argument
of the 2,000 feet was discussed at length.
He reminded the board the Thomas case was brought up which is not new
evidence.
Mylott stated he felt the one
issue that needs addressing is the affidavit valid and explained if it was
signed and sealed affidavit he could not use that as justification to ask for a
full rehearing as it is not evidence.
Mylott moved,
Gatchell Family
Trust – Chairman Spidle read
notice for a Special Exception concerning Article: VI Section: 6.9(3)(c) to
permit a building setback and a Variance concerning Article: 6.9, Section: 3a
Maximum Density. Parcel is located at
Chairman Spidle reinstated
Brown and appointed Pagnani to sit in for
Paul Gatchell came before the
Board with his proposal. He explained he
is requesting three, four unit buildings on his lot at
Gatchell addressed the criteria:
Proposed use:
Granting the variance/benefit:
·
High density
belongs in the high density zone and promotes a vibrant downtown.
Hardship:
Chairman Spidle asked the
size of the lot. Gatchell noted it is a
little over an acre and three quarters.
The Chairman asked that
Gatchell is looking to double the density, two cars per unit making it 28 cars,
two trips per day and stated he feels this would quite a bit of traffic coming
on to Main Street and felt there would be a problem with the site
distance. Gatchell explained site
distance was looked at and explained there is a straight view with no problem
on the site distance.
Nowe stated he has no problem
with the site distance but feels the density needs to be discussed.
Gatchell explained he has
been before the Planning board who stated they have no problem with the
proposal. Gatchell also explained the
whole back of the site is all wooded.
Chairman Spidle stated he is
still concerned with doubling the density and stated Gatchell would need a
Special Exception also.
Mylott explained his concern
is with the hardship and what is the aspect of this property that makes this
site unique compared to other sites in the area. He stated only real hardship is adding more
but does not see anything unique to the land.
Chairman Spidle stated that
the hardship test has to be a special circumstance of the particular property
that distinguishes it from other properties in the zone.
Gatchell explained the
setbacks are needed with the existing lots, the impact is minimum, and to
obtain the space that is needed is less intrusive than what is existing.
Nowe asked how far he would
be expanding over the staging area.
Gatchell showed on the plan only area to be disturbed.
Mylott asked Gatchell if he
considered positions at rotating the two that need the variance. Gatchell explained he went through many
options and saw this as the least impacting for doing the project.
Abutter Grace Lavoie explained
she has a problem with the proposal as she will be able to see this development
from her property and stated does not think the property can sustain the
influx.
Nowe suggested instead of
voting on all 5 criteria to have Gatchell come back with a letter and a new plan. Chairman Spidle added that Gatchell needs to
apply for a coverage variance. Nowe
explained this project would go better with the neighborhood than what is there
presently. Chairman Spidle stated that
the Board has to go by the criteria.
Mylott explained that a
hardship can not be for financial gain.
The Board as a whole agreed
Gatchell needs to come back with a new plan.
Chairman Spidle advised if
Gatchell comes back with a new plan explaining the new goals of the Town and
that he would have to apply for a coverage variance as well as density. A letter of clarification, show setback
lines, decks and stairs, reposition of buildings water & sewer. The Board asked for a letter from Planning
Board outlining their support of the proposal and why the applicant did not
have to apply for lot coverage, why it required 50 percent and not 25 percent
and why he did not have to apply for frontage.
Chairman Spidle requested a letter
from the Planning Board on their position of the application. The Chairman authorized
the secretary to sign his name to the letter.
Nowe moved, Mylott seconded
the motion to continue to October 1. The
motion carried unanimously.
MINUTES OF 7/16/08 FOR APPROVAL – Mylott moved, Nowe seconded the motion to approve
the minutes. The motion carried
unanimously.
MINUTES OF 7/30/08 FOR APPROVAL -- Loche moved, Brown seconded the motion to approve
the minutes. The motion carried with
Chairman Spidle and Nowe abstaining as they were not in attendance.
33RD ANNUAL MUNICIPAL LAW LECTURE –
PRE-REGISTRATION REQUIRED – The
Board was informed they would have to submit their registration to the Zoning
Office.
INVOICE FROM SCOTT LAPOINTE FOR APPROVAL – The Board unanimously agreed to pay the invoice
from Attorney LaPointe in the amount of $200.00.
Peter Loch informed the Board
that he would be resigning from the Board pending the outcome of the sale of
his house.
ADJOURNMENT
– Nowe moved,
Respectfully submitted,
Phyllis McDonough,
Zoning Board of Adjustment Secretary
APPROVAL NOTIFICATION: September
3, 2008 - Minutes of July 16, 2008 were unanimously
approved. The minutes of July 30, 2008
were approved with Chairman Spidle and Nowe abstaining as they were not in
attendance.
_______________________ ________________________
Paul Spidle Dave
Mylott
______________________ _______________________
Bob Jordan Ron
Nowe
____________________
Patrick Pagnani