ZONING BOARD OF APPEALS
Business minutes of
JULY 21, 2004
PRESENT: Bruce Simpson, John Burke, Lorraine Sweeney, Martin Murphy, Robert Garrity, Elissa Flynn-Poppey, Michael Kulesza
ABSENT: no one
The duly posted meeting of the Zoning Board of Appeals convened at 7:35 p.m. in room 105c at the Norfolk Town Hall.
The Board previewed the application of Eastern Development for Special Permits pursuant to Section F.7.e to allow parking in the front yard on three separate lots in the Norfolk Commons Phase I project. Attorney Carmine Tomas from Goulston & Storrs was present as was Kenneth Stafford from Eastern Development. Mr. Tomas stated that Eastern Development received communication from Robert Bullock, the Building Commissioner that any parking in the front yard is prohibited without a Special Permit from the Zoning Board of Appeals. Mr. Tomas stated that Eastern Development had thought that a zoning bylaw revision would have happened to allow the parking in the front yard. The Zoning Bylaw revision related just to the Norfolk Library. All of the Special Permits are related to the same issue but three sites would be involved. Mr. Tomas stated that
the Building Inspector had identified the three sites that required zoning relief.
Mr. Tomas stated that Eastern Development is commencing informal sessions regarding site plan modifications with the Planning Board tomorrow evening. He noted that anything that is addressed with the Planning Board will not impact the parking situation. Mr. Garrity asked if the sites would be kept in common ownership after the development. Mr. Tomas stated that he was unsure. Mr. Simpson noted that one of the criteria for the Special Permits would deal with access, safety and traffic issues.
Mr. Garrity asked if the applicant has calculated the impervious lot ratio for the project. Mr. Tomas stated that the project does meet the requirements for lot coverage, which they will plan to show the Board at the public hearing.
Mr. Garrity made the motion to accept the application of Eastern Development for three Special Permits at three separate locations at the Norfolk Commons, Phase I development. Mrs. Sweeney seconded the motion. The public hearing will be held on August 18, 2004 at 7:40 p.m. The vote on the motion was unanimous.
Mr. Simpson acknowledged several abutters to the Pine Creek Development project and stated that the Pine Creek public hearing was not this evening. Mr. Fred Shannon and
Business Meeting of July 21, 2004
Mr. Michael Shannon stated that they had received a letter from Attorney Nylen requesting that a public hearing be conducted in September. They had not been notified of the request to continue. Mr. Simpson noted that the abutters made the effort to attend this meeting. The Board will open the hearing as scheduled. Mr. Simpson recused himself from the proceedings. Mrs. Sweeney was acting chairman on this matter.
8:50 p.m. Pine Creek Development - Mrs. Sweeney read the Notice of Hearing into the record. Present were Lorraine Sweeney, John Burke, Robert Garrity, Martin Murphy, Elissa Flynn-Poppey and Michael Kulesza. Mr. Simpson recused himself and left the table. Mrs. Sweeney asked if the Board wanted to move forward on the public hearing for this matter. She noted that George Hall had provided his recommendation to the Board. Mrs. Flynn-Poppey stated that she agreed with Town Counsel's recommendation. If the hearing is postponed to October the applicant would be required to pay for re-advertising and re-notification to the abutters. The Board agreed with this course of action. The Board will schedule the public hearing for October 20 at 7:45 p.m. and the Weaver public hearing at 8:12 p.m.
Mrs. Sweeney made the motion to open the public hearing for administrative purposes only. Mrs. Flynn-Poppey seconded the motion. The Board discussed that they were not willing to continue the public hearing to September 15, 2004. The Board will notify the applicant that they would continue the hearing to October. The applicant will have to notify the Board in writing if they wish to continue the hearing. This date is contingent upon their project having completed the Conservation Commission review. The applicants will be notified that they must pay all re-advertisements and re-notifications to the abutters. The vote on the motion was unanimous. The hearing adjourned at 8:05 p.m. The Board immediately reopened the public hearing for Omnipoint Holdings.
The Business Meeting reconvened at 10:20 p.m. at the conclusion of the Weaver hearing. The members discussed the appointment of a member to the Zoning Bylaw Study Commission. Mr. Murphy will consider this appointment.
The Board adjourned the Business Meeting at 10:40 p.m. to enter into deliberations on the request for a Special Permit by Shayne Gardner.
The Board re-opened the Business Meeting at 11:00 p.m. to sign vouchers.
Mr. Murphy made the motion to close the Business Meeting at 11:05 p.m. Mr. Garrity seconded the motion. The vote on the motion was unanimous.
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