Development Review Board Minutes 3-18-2019




MARCH 18, 2019

Members Present:         Vice-Chair Don Peabody, Steve Rapoport, Teresa Hyndman, Jason Mullin, Jason Farrell (until 8 P.M.), Tim Cook. alternate Lowell Bertrand

Members Absent:         Brent Rakowski

Guests:                         Greg Carlton, Glenn Kimball, William Burke, Dana Paul, Sam Gignoux

Present:                        Zoning Administrator Peter Garon

Vice-Chair Don Peabody called the regular meeting to order at 7 p.m.

1.  Vice-Chair Peabody read the warning for the public hearing related to the application of Gregory and Heather Carlton for a Bed and Breakfast at 54 MacDonough Drive. Gregory Carlton was sworn in.  Carlton presented his request to use a spare bedroom as a Bed and Breakfast.  He has a 30 x 30 foot area to accommodate the required three parking spaces.  There will be no exterior changes and no additional lighting.  There is a 3×3 ½ foot window in the room.  In response to a question from Vice-Chair Peabody about egress safety, Zoning Administrator noted that that was not a zoning consideration.  The applicant will be responsible for obtaining any reviews by outside agencies.  Teresa Hyndman made a motion to have the zoning administrator draft an affirmative decision for signature by Vice-Chair Peabody.  The motion was seconded by Lowell Bertrand and approved unanimously.  The discussion was taped.

2.  Lowell Bertrand made a motion to amend the agenda to allow consideration of the minutes of the February 18, 2019. Seconded by Jason Mullin with all approving.  Lowell Bertrand made a motion seconded by Jason Mullin to approve the minutes of the February 18, 2019 meeting with changes noted.  Unanimously approved.

  1. Vice-Chair Don Peabody read the notice for public hearing of Otter Creek Holdings, LLC, appeal of the Zoning Administrator’s denial of a request to change the use at 135 Main street to allow residential housing on the first floor.

Don inquired if there were interested parties in attendance for the appeal hearing. Don read the affirmation; Sam Gignoux and Peter Garon raised their hands and were sworn in.  Peter Garon removed himself from the table for the public hearing.

Mr. Gignoux read a prepared statement. That statement was entered into the record for the hearing.

Peter Garon testified that he believes his denial of the application was improper due to his lacking the authority to make such a decision. He believes the regulations cede that responsibility to the Development Review Board. As Zoning Administrator, he provided advice about his reading (informally) about the prospects of an application. However, once the applicant put forth the application, the application should have been forwarded to the Board for consideration. Jason Farrell gave his reasoning for why he supported overturning the Zoning Administrator’s decision. A motion to act affirmatively on the appeal, to dismiss the ZA’s denial of the application was made by Lowell Bertrand and seconded by Theresa Hyndman. The board voted unanimously. There was conversation about the process for entertaining the application that Mr. Gignoux is putting forth for consideration and review by the Board. Tim Cook made a decision to close the public hearing, seconded by Steve Rapoport. The board voted unanimously to close the hearing. The hearing was recorded.

Zoning Administrator Garon returned to the table.  Jason Mullin made a motion to amend the agenda to discuss the site plan review of Otter Creek Holdings, LLC.  Seconded by Lowell Bertrand and approved unanimously.

In the discussion which followed, the Board noted the constraints imposed by the regulations as written, and the timeframe involved in changing those regulations.  Reference was made to the five factors the Board must review when considering a request for a variance and the difficulty in meeting those conditions.  The Zoning Administrator will review the process in detail with the applicant.

Teresa Hyndman made a motion to move the application to public hearing on April 15, 2019.  Seconded by Lowell Bertrand and approved unanimously.

4.  Glenn Kimball presented his plan for an addition to his garage. He wants to add a 12’ by 20’ addition to the side of his existing garage.  As proposed, he would be only 12’ from the side line with the setback for side yard in the district at 15’. The Board made several suggestions to complete his application for the public hearing, including a request for elevation drawings, more detail on the location of his neighbor’s buildings, and location of his driveway. They also noted that he should apply for a side yard waiver.  Steve Rapoport made a motion to move the application to public hearing on April 15, 2019.  Seconded by Lowell Bertrand and approved unanimously

  1. Denecker Real Estate Investments II LLC site plan and conditional use for auto sales and repair at 14 Main Street. William Burke and Dana Paul were present to discuss the application with Robert Feuerstein on the phone.  The applicants described their business as used car dealer.  In that business they service automobiles, do detailing, and inspect vehicles.  Most of the repair work is done on cars for sale with minimal general public repair work.  They proposed no alterations to the building except for changes to wording on existing signs.

The Board reviewed Section 1401 in detail.  Based on section 1401 (5) not being met, the Board concluded that the use as auto sales and repairs had not been appropriately declared to be abandoned.  Therefore no permit was needed as the proposed use was a continuation of a non-conforming use.

6.  Matt Crowley site plan review for the addition of basement windows to his house at 170 Green Street. The Board directed Zoning Administrator Garon to consult as needed to determine if the request really needed a permit.  Lowell Bertrand made a motion to move the application to public hearing on April 15, 2019 if Zoning Administrator Garon concluded that it did need a permit.  The motion was seconded by Steve Rapoport and approved unanimously.

7. Zoning Administrator Garon briefed the Board on the process of dealing with unlicensed motor vehicles which will be commencing shortly.

  1. On motion from Tim Cook, seconded by Lowell Bertrand, and approved unanimously, the meeting was adjourned at 9:30 P.M.

Respectfully Submitted,

Peter Garon, Acting Recording Secretary