Meeting Minutes
11/28/2011
Attendees: Paul Gregoire, Chairman, David Methe, Tom Stapleton and Judith Bernath
Absent: Bill Lis
7:15 PM: 5 Kline Road - Continuation
John Coward presented the plan for Mr. Solek. When the parcel of land was separated the bylaw required 200 feet of frontage, but in 2001 the bylaws were changed requiring the property width to also be 200 feet. Mrs. Solek advised that the property has also been rezoned from Ch. 61-A to R40 thus raising the taxes considerably and proving a financial hardship for them. The original plan from 1993 was reviewed and showed the property having 400 feet of frontage which, at the time, would allow for separation into two additional lots.
Mr. Burns (Abutter) expressed his concerns regarding water run-off onto his property and stating the land is always wet. Mr. Gregoire advised Mr. Burns that he has walked the property after the rain and found the ground to be no wetter than any other lot in the area and also observed the areas that were perc tested. Mr. Burns was also displeased that he could now have houses built on the side and in front of his property and questioned the authenticity of the plan stamp by the Registry of Deeds and the Town.
Mr. and Mrs. Krynicki of 235 Granville Road spoke in favor of the variance as presented.
Mr. Stephan Dickinson of 23 Kline Road quoted Chapter 40A Section 10 advising that this property contains unique configurations that would not be allowed in that Chapter. He is trying to prevent over-crowding of the area and feels that no hardship has been presented that should allow the variance to go forward.
Mr. Prifti of 8 Kline Road indicated that the land is always wet and the water level much too high.
Mr. Stapleton advised that every case is taken on an individual basis and precedence is not part of our decision.
Mr. Stapleton made a motion to accept the 15 foot variance for each lot based on the change in the law and the financial hardship. Mr. Gregoire second the motion, all were in favor and the variance passed.
Mr. Burns expressed his intent to file an appeal against the decision made by the Board.
New Business:
44 Miller Road - owner wants to build on piece of property and the lots were created before zoning so should be grandfathered.
8:35 PM: Ms. Bernath made a motion to adjourn the hearing and Mr. Gregoire second. All were in favor and hearing was closed.
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