ZONING BOARD OF APPEALS
Meeting Minutes of August 22, 2006
Town Administration Building,
Meeting Room #1, 7:00 PM
Chairman Tony Andre called the meeting to order at 7:10 PM. Present were members Norm Czech, Ingrid Thompson, Dennis Fountain, and alternate voting member Walter Solzak. Also present was ZBA Clerk, Linda Leduc, recording minutes.
7:10 PM - Finding Request – Glenn Riddell, The Barn at Turtle Pond, 349 Wilbraham Street, Palmer, for the placement of an attached building awning within the front-yard setback.
Due to the commercial aspect of this project the finding application should have been submitted to the Planning board, not the ZBA. The applicant has been informed, and he has since resubmitted his application to the Planning Board. The hearing date is scheduled for September 18, 2006.
Discussion Items:
? Meeting Minutes of July 13, 2006 – N. Czech motioned to accept the minutes as written. T. Andre seconded. The vote passed (4:0).
? Larry Azevedo submitted a plan entitled “Building Variance Plan, Larry Azevedo, Lot 1-D, Thorndike, Palmer, MA” for board consideration. The general unofficial consensus of the board was that the proposed plan would not warrant the granting of a variance due to lack of visible hardship.
? The Massachusetts Federation of Planning and Appeals Boards Membership Dues – The ZBA does not belonged to this organization and is not currently interested in joining.
7:15 PM - Variance Request – John and Antoinette MacKenzie, Shearer Street, Palmer, for the construction of a single-family home on a lot with less than the required 200’ of depth.
D. Fountain motioned to waive the reading of the abutters list. N. Czech seconded. The vote passed (4:0).
John and Antoinette MacKenzie were present and represented by Terry Smith, the Site Plan engineer.
A. MacKenzie submitted a Site Plan indicating property locus in regards to Shearer and Orchard Streets, as well as the positioning of the proposed house on the lot. She stated that she purchased the lot 9 years ago and, as is the case with all the other surrounding lots, it is deficient of the 200’ depth requirement. The lot and placement of the proposed house, does however, comply with all other currently required dimensions and setbacks.
I. Thompson presented a deed showing that the property in question has been historically held in common ownership with 2 lots on Orchard Street.
T. Smith stated that he researched the deed and found out the following facts:
- The original subdivision plan of 1900 did not include said lot
- The lot was recorded in 1955
- From 1976-1994 the lot was held in common ownership with Lot 13 on Orchard Street by A. MacKenzie’s mother
- In 1994 lot ownership was transferred to A. MacKenzie and siblings for the purpose of establishing an estate.
- In 1997 the lot became solely owned by A. MacKenzie
T. Smith continued by stating that, according to Section 6 of the Zoning Act, the Common Ownership Law would not come into effect in this situation because the lot was not held in common ownership at either the time the Zoning Act was passed in 1976 or when the original town zoning bylaws went into effect in 1981.
Discussion continued regarding the interpretation of the Common Ownership Law and whether it would apply in this situation. The board suggested that the town attorney be contacted to help clarify the law in general, as well as address the specifics of this case. N. Czech motioned to continue the public hearing until September 12 at 7:00 PM. in order to seek legal guidance. D. Fountain seconded. The vote passed (5:0).
8:20 PM - N. Czech motioned to adjourn the meeting. D. Fountain seconded. All in favor.
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