Zoning Board of Adjustment
Meeting Minutes
August 10, 2004
Business meeting opens at 7:30 pm in selectmen’s office.
In attendance were Roger Phelps, Dale Sanford, Kevin O’Connell, and Daniel Dineen. Board member Craig Pettigrew popped in to say he couldn’t make the meeting due to a last minute emergency.
The Board talked with Mike Kavenaugh, chair of the Planning Board about meeting with the Conservation Commission to work on updating the Wetlands ordinance. Dan Dineen stated he would be interested in sitting on the ConCom board.
Roger Phelps opens the hearing for case 04-2 at 8:00 pm, and explains that he’ll be acting as chair in Johns Gryval’s absence. Roger asks Kevin if the meeting was posted and notifications received, Kevin replies yes.
Roger explains to the applicant that the board is short a member to allow a full board, and that they would need three affirmative votes to pass the exception. Present on the board were Roger Phelps, Dale Sanford, Kevin O’Connell, and Daniel Dineen. Also present in the forum was Mike Kavenaugh, chair of the Planning Board, applicants Mr. And Mrs. Colburn, Harry Murray, their wetlands engineer, and Amy Jurnkey and Tom Shields, both abutters.
Roger presents the Colburns with an invoice for $193.16 and asks them if they’d like to go forward, or reschedule the meeting until we have a full board.
Mr. Colburn accepted the Board as it stands, short one member.
Kevin receives check from Mrs. Colburn for the above amount.
Roger states he finds the application deficient, not enough information was included, states that the board may want a site review, and questions if the board should even hear the case.
The Colburns present Roger with a letter they’d like read into the record, and Roger does so.
The board reviews the plat, Dan and Roger state they’d like to go to the site.
Roger questions if we should even hear testimony tonight.
Mr. Colburn asks if the board heard the information from Attorney Teague and the Planning Board.
Mike Kavenaugh, planning board chair, tells the board how the planning board has visited the site, that the Colburns have a wetlands permit, and that the planning board supports granting the special exception.
At this point Mr. Harry Murray: the Coburn’s Wetland engineer describes where the wetlands are, their size and where they’re planning to cross.
Mike explains that the wetlands’ crossing is a minor impact.
Kevin then presents Roger with the Planning boards comment on application.
Roger states that meeting is open, as we’ve already started taking testimony. But, that the meeting may adjourn for a site visit.
Mr. Murray explains the plan and argues for a variance stating the reasons on the application.
Dan informs Mr. Murray that they’re going for a special exception, not a variance.
Roger asks abutters for comment, they have none saying that they can to watch the process, but have concerns as to the amount of development going on in town.
Dan asks Mr. Murray what constitutes wetland minimum impact.
Mr. Murray replies that it’s the square feet.
Mr. Murray and Dan discuss wetlands impact.
Kevin asks Mr. Murray is wetlands because of impermeable soils or water flow.
Mr. Murray replies soil type.
Mike Kavenaugh discusses conversations with the Town’s and the Coburn’s’ attorney. Summaries those discussions, and Zoning map/ wetlands problem. The fact that town’s zoning ordinance references to a map that doesn’t exist and how he’s had a new map developed from more current data. The results of the discussion are that the attorneys suggested the Colburns go to the ZBA for the special exemption, without foregoing the right to rebut the ordinances’ applicability.
Dan asks if the area is marked where the driveway is planned, and Mike explained where the driveway was.
Mr. Colburn states they agree it’s a wetland in conservation district. But no map exists and legal agree to go to ZBA and get special exception.
Roger asks if there is any more testimony.
Dan states he thinks it’s a little unfair to ask him to make a decision for the town without going to the site, and Roger concurs.
Mike states Planning Board is in 30-day extension, but that that shouldn’t influence the Board.
Roger states since there’s no further questions he’ going to close the public session.
Margit Colburn states she’d like to be there when the board does the site walk.
Roger accepts the request and closes the public section at 8:40.
Dan and Roger state they want to go on the site review and if anymore info is available. Motion taken for site walk, voted and accepted.
Site review set for Sunday Morning, August 15 at the New Boston Road site, with the meeting continued after the site walk at the town offices to follow.
Motion to adjourn accepted and passed at 8:50.
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