Zoning Board of Appeals
September 19, 2007
Present: Lorraine Sweeney, John Burke, Robert Garrity, John Burke, Bruce
Simpson, Martin Murphy, Elissa Flynn-Poppey.
Absent: Michael Kulesza
The duly posted meeting of the Zoning Board of Appeals convened at 7:35 p.m. in room 105C at the Norfolk Town Hall.
Application Previews:
Anthony Marzulla– 1 Cottage Avenue – The application for a special permit was filed on August 28, 2007. The property owner is Mr. Guy Marzulla, who was not present this evening. Mr. Thomas Norton, the builder, and Mr. Anthony Marzulla, the owner’s son, were present. Also present was Attorney David Simmons. The Board determined that the applicant/builder has no legal ties to the property and that the applicant should be the person who either owns the property or has a legal connection to the property. It was noted that Guy Marzulla signed the application as the owner of the property. Mr. Marzulla amended the application to indicate that the applicant would be Anthony Marzulla. The Board instructed Anthony Marzulla to obtain a letter from Mr. and Mrs. Guy
Marzulla authorizing Anthony Marzulla to be the applicant in this matter prior to the first session of the public hearing.
Upon questioning from Mrs. Flynn-Poppey it was learned that Norfolk Avenue is a dirt road. Mrs. Flynn-Poppey requested photographs of the house and garage. The proposed setback for the addition would be 16.3 feet from the sideyard setback. Mr. Garrity noted that this may be a variance issue rather than a special permit issue due to the increase in non-conformity. Mr. Simmons stated that he conferred with the Building Commissioner on what type of filing was required with the Zoning Board of Appeals. The Board noted that the determination would have to occur in the hearing process. The legal advertisement will cite that two variances and or special permits would be required under Section F.4.a. and F.3.c. Mrs. Sweeney asked Mr. Simmons to conduct research on external structures and to find
case law. Mr. Garrity seconded the motion. The vote on the motion was unanimous.
Mrs. Sweeney made the motion to accept the application and schedule the public hearing for October 17, 2007 at 7:30 p.m. in room 105c. An additional $150.00 would be required for the filing, which will be given to the office within the week. The applicant was advised to bring in all documentation from the Building Commissioner and Town Counsel, as well as the distance to the nearest dwelling.
Daley Service Inc. Mr. Darren Daley was present this evening. He is requesting that the special permits and variances that were previously granted in cases #2002-31 and 2005-10 be again granted. The special permits and variances granted in those decisions lapsed. Mr. Daley stated that the plan is the same. He noted that the engineer can draft a letter for the Board stating that the plans remain the same. Mrs. Sweeney stated that the engineer’s letter must have his official stamp. Mr. Daley indicated that they are now ready to proceed as soon as possible. Mr. Daley is in the process of refiling with the Norfolk Planning Board as the Site Plan Approval had also lapsed.
The Board discussed what would be the earliest date that they could post the public hearing and conduct the public hearing on this matter and still comply within the mandated advertisement requirements as per M.G.L. chapter 40, § 11. The Administrative Assistant noted that the Sun Chronicle requires a 48 hour notice prior to publication of a legal notice. The Board and the ZBA office will do everything possible to ensure that the hearing be conducted as soon as legally possible. Mr. Daley stated that he would be happy to pay any extra surcharges associated with any expedited advertising.
Mr. Simpson made the motion to schedule the public hearing for Daley Services for Thursday, October 4, 2007 at 7:30 p.m. in room 214. Mr. Murphy seconded the motion. The vote on the motion was unanimous.
Donald Skerry – 30 Turner Street. The applicant, Donald Skerry, was present. The applicant’s attorney, Mr. David Simmons, was also present. The application was filed on September 19, 2007 for a special permit in accordance with Section F.4.a. to connect two existing structures with a 16 by 32 foot breezeway addition. Mr. Simmons stated that the intent of the application is to combine the two buildings with a special permit and then come back before the Board for a special permit to convert the single structure to a two family dwelling. Mrs. Sweeney noted that the Board never acknowledged that the second structure was a legal residence. Mr. Garrity noted that there is a provision in the bylaw that the conversion only applies to a structure in existence at the time of the
bylaw.
Mr. Simmons stated that the Building Inspector informed him that the applicant could not receive a building permit for the breezeway addition unless he received a special permit due to the violation to the front setback by the two structures.
Mr. Murphy made the motion to schedule the public hearing for Donald Skerry to October 17, 2007 at 7:45 p.m. Mrs. Sweeney seconded the motion. The vote on the motion was unanimous.
The Board adjourned the business meeting to conduct the following public hearings:
8:35 p.m. Hugo DiMartino – The applicant requested a continuation of the hearing to October 17, 2007
8:40 p.m. Pond Street, LLC
9:45 p.m. Richmond Company (Walgreen’s) – closed at 10:00 p.m.
The business meeting reconvened at 10:00 p.m. review the minutes of August 15, 2007 and the Executive Session minutes of August 15, 2007. Mrs. Flynn-Poppey made a grammatical revision to the Executive Session minutes. Mrs. Sweeney made the motion to accept the business minutes of August 15, 2007 as written and the revised Executive Session minutes of August 15, 2007. Mr. Garrity seconded the motion. The vote on the motion was unanimous.
The Board convened into the deliberations for Pine Creek Development at 10:10 p.m. The deliberations were continued to October 17, 2007.
Mrs. Sweeney made the motion to close the meeting at 10:45 p.m. Mr. Garrity seconded the motion. The vote on the motion was unanimous.
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Robert Garrity, Clerk
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