ZONING BOARD OF APPEALS
BUSINESS MINUTES
JANUARY 15, 2004
PRESENT: Bruce Simpson, John Burke, Lorraine Sweeney, Nancy Lancellotti, Robert Garrity, Martin Murphy, Elissa Flynn-Poppey
ABSENT: no one
The duly posted meeting of the Zoning Board of Appeals convened at 7:40 p.m. in room 105C at the Norfolk Town Hall.
The first item of business was an appointment with Fred Yadisernia (Megor, Inc). Mr. Yadisernia requested the Board’s interpretation of the Estate Lot Bylaw, which prohibits the subdivision of the Estate Lot, recently created off Mill River Road. Mr. Yadisernia stated that he would like to subdivide 6300 square feet from the Estate Lot and add this to the property owned by Mr. and Mrs. McCarthy at 8 Mill River Road. Mr. and Mrs. McCarthy would then be able to convey land to the direct abutter, Mr. Colin MacDonaugh at 6 Mill River Road, to straighten out his lot line. Mr. Yadisernia stated that the conditions of the Special Permit require him to return to the Zoning Board of Appeals if there were any changes to the approved site plan depicting the Estate Lot. The Board noted that
the subdivision of the 6300 square feet, which does not comprise a building lot, would not derogate from the intent of the Estate Lot Bylaw. The 6300 square feet would not have an impact on the building area of the Estate Lot. The Board recommended that Mr. Yadisernia draft a letter to the Planning Board. It was noted that changes to lot lines is under the purview of the Planning Board. The Board determined that this action would not invalidate the Special Permit. Mr. Yadisernia will also put his request in writing to the Zoning Board of Appeals for the record. The Board will then respond to the letter and copy the Planning Board. A plan showing this change to the Estate Lot must be forwarded to the Board as well. The Board stated that they would act favorably to this request.
The next appointment was with Mr. David Pimental who has requested a six month extension of a variance, originally granted in 1992, for the property located off Seekonk Street. Mr. Pimental submitted a copy of the final Land Court decree for the property. Mr. Pimental stated that he currently has the property under agreement to sell. He stated that he is requesting an additional 6 month extension to keep the variance valid if the agreement is not finalized in time. Mr. Pimental has not submitted a request for a building permit, which would keep the variance active. Mr. Pimental stated that he does not want to jeopardize losing the Variance.
Mrs. Sweeney noted that when a variance is about to expire, the applicant should take action to keep the variance active. This would be the typical way of keeping the variance valid rather than requesting extensions. The variance will expire on January 16, 2004.
Mr. Garrity made the motion to grant a six month extension for the variance referenced in case #92-10. The variance will expire in June, 2004. Mrs. Sweeney seconded the motion. The vote on the motion was unanimous to grant. The Board recommended that Mr. Pimental explore other methods to keep the variance active. The Board noted that Mr. Pimental would not have been able to obtain a building permit until the Land Court decree was issued. The Land Court decree is not an issue any longer. The Board noted that the parcel may be able to qualify as an Estate Lot.
Mr. Simpson introduced Martin Murphy as the new Full Member to the Zoning Board of Appeals. Mr. Murphy will be taking the place of Full Member Brian Wolf, who recently resigned due to a new job commitment. Mr. Garrity, an Associate Member, noted that he will also stay on the Zoning Board of Appeals until June of 2004.
The Board adjourned the business meeting at 7:45 p.m. in order to conduct the public hearings for Arthur Frontczak; Pine Creek Development at 8:00 p.m.; Norfolk Highway Department (re:220 Main Street); at 8:20 p.m.; Donald Crawford at 8:55 p.m.; and Dale Wigmore at 9:20 p.m.
The business meeting reconvened at 10:55 p.m. Mr. Simpson gave a brief report on the roundtable discussions pertaining to Paul Borrelli and the 40B comprehensive permit request. Mr. Simpson noted that the outstanding engineering items were completed at the last roundtable meeting. The applicant will make a presentation at the next public hearing on the 40B matter. Mrs. Flynn-Poppey stated that the Board should be making the Town aware of what is being discussed at the roundtable meetings. Mr. Murphy noted that the Board should wait until the project gets closer to finality. Mr. Simpson stated that he had requested the Zoning Board of Appeals special legal counsel, Jason Talerman, to prepare a list on what items the Board will be addressing at the next meeting.
Mr. Simpson noted that representatives from Eastern Development have asked to come before the Board and seek clarification on potential zoning issues regarding the Norfolk Commons, Phase I, development. The Board noted that they would not be comfortable with issuing any recommendations on a zoning issue that may come before them. The Board noted that any clarifications on zoning issues must be addressed by the Building Commissioner/Zoning Enforcement Officer.
The business meeting adjourned at 10:20 to conduct the public hearing for Daley Service Station and Augustus Centola.
At the conclusion of the public hearings at 10:30 p.m., the Board entered into deliberations on the Special Permit request of Andrew Weitzman and the Variance request of Dale Wigmore at 10:45 p.m.
The business meeting reconvened at 11:55 p.m. with a discussion on the Pine Creek Development public hearing schedule. The Board noted that they may not have enough
Minutes, January 15, 2004
members to vote on the Special Permit request. It was noted that Mrs. Sweeney, and Mr. Murphy were absent for some of the public hearings. Members John Burke, Nancy Lancellotti and Robert Garrity were present for all of the public hearings. Mr. Simpson had recused himself. The Board will contact Town Counsel and question the proper procedure to follow. Mr. Garrity noted that the Board may have to hear the public hearing anew. The Board noted that an option would be to close the public hearing and deny the application without prejudice. It was noted that all members must be present at public hearings in order to vote on a case. Mrs. Lancellotti noted that the Board should advise the applicant that it may be in their best interest to withdraw the application.
Mr. Burke made the motion to close the meeting at 12:00 midnight. Mrs. Lancellotti seconded the motion. The vote was unanimous.
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John M. Burke, Vice chairman
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