HomeMy WebLinkAboutZBA 11/08/2022b
Zoning Board of Appeals Min4KWVED
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November 8, 2022 I: j 9
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Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Philip Shannon; Ryan Maxwell,
Associate; Matthew List, Associate
Nadine DePillo, Administrative Secretary
Absent: Eric Correira; Matthew Cummings
Application of Bay Communications III, LLC and T-Mobile Northeast LLC for a Variance from
Zoning Bylaws Section 230-3.6(G)(4)(a) requested setback less than the required distance equal
to height of tower; Section 230-3.6(G)(4)(b) requested height of structure higher than allowed
without additional colocations; Section 230-3.6(G)(4)(g) allowing a setback of less than 500 feet
from a residential structure at 300 Branch Sheet; (Assessor's Map/Parcel 32/9) in the Residential
I (RI) Zone.
Elisabeth Garber -Miller, Board Chair read public notice into record. Ms. Garber -Miller
appointed Ryan Maxwell and Matthew List as voting members for the hearings. She further
noted that the applicant requested a continuance to December 20, 2022.
Motion to continue the Public hearing to Tuesday, December 20, 2022 at 7:30 p.m.
(Maxwell/Pruitt)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Application of Marybeth Montella & Bob Ayers fora Finding from Zoning Bylaw Section 230-
4.2(A), Side Yard Setback, for the construction of a mudroom off the side of the existing deck of
the dwelling at 18 John Street. (Assessor's Map/Parcel 018/364 in a Residential 2 (R2) zone.
Applicants Marybeth Montella & Bob Ayers stated that they are seeking a variance to add a mud
room off the side of their home where there is currently a pre-existing deck. The applicants are
not extending the footprint.
ZBA Meeting Minutes - November 8, 2022 Page 1 of 3
Ms. Garber -Miller inquired as to who informed the applicants to come before the Board for a
finding. The contractor, David Miller from Miller Construction stated that he contacted the
Building Inspector explaining that they are not increasing the existing footprint and want to build
over the existing footprint and that Mr. Blackman recommended submission to the Zoning
Board. Mr. List said that it is pre-existing deck with steps which could be the reason for the
recommendation to seek a finding.
Ms. Garber -Miller questioned whether or not the applicants are going to build on top of the
existing deck or will they be taking the deck down and putting footings in. David Miller
confirmed they will be adding footings and explained that the footings are required to carry the
weight of the new mudroom structure.
Mr. Shannon questioned whether the steps were going on the back of the deck or on the side of
the deck. Mr. Miller said the new stairs will come down the front along the house.
Mr. Shannon stated that the construction of the mud room is not encroaching any further into the
side setback. Mr. Miller noted that there is a change of use where it is currently an open deck
and new structure will be enclosed.
Public Comment
Mr. Steven Tierney, a direct abutter, questioned whether there would be any damage to the
existing retaining wall between the property lines and if the construction would cause any
damage to his property.
Mr. Shannon questioned whether or not the applicant is pouring a foundation or using tube
footings. Ms. Garber -Miller responded to Mr. Tierney that the construction will consist of only
tube footings and there will not be any excavation.
Mr. Shannon asked if the existing large back deck has stairs. Mr. Miller stated that the deck will
have new stairs to the back yard and that they were not depicted on the plans as they did not
pertain to the application.
Ms. Garber -Miller closed the hearing.
Motion: that the request for a finding at 18 John Street, is an increase in the pre-existing
nonconforming condition. (Maxwell/Pruitt)
Ms. Garber -Miller noted that the increase is minor.
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Motion: that the increase in the pre-existing nonconforming condition per the plan at 18 John
Street, is not substantially more detrimental to the neighborhood than the current condition.
(Maxwell/Pruitt)
ZBA Meeting Minutes — November 8, 2022 Page 2 of 3
Discussion
Ms. Garber -Miller stated that the construction for the mud room for 18 John Street is within the
character of the neighborhood.
Mr. List indicated that the lots are small and conform to the neighborhood.
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
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Minutes — September 13, 2022 and October 4, 2022
Motion: to accept the minutes of September 13, 2022 (Maxwell/Pruitt)
Five (5) In favor, Zero (0) opposed, Zero (0) abstained PASSES
Motion: to accept the minutes of October 4, 2022 (Maxwell/Pruitt)
Four (4) In favor, Zero (0) opposed, One (1) abstained PASSES
Next Zoning Board of Appeals Meetings: December 20, 2022 at 7:30 p.m.
Motion: To adjourn at 8:00 p,m. (Maxwell/Pruitt)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Signature of Clerk Date of Approval
ZBA Meeting Minutes — November 8, 2022 Page 3 of 3