ZONING BOARD OF APPEALS
Draft Meeting Minutes of October 18, 2006
Town Administration Building,
Meeting Room #1, 7:00 PM
Member Norm Czech called the meeting to order at 7:10 PM. Present were regular members Ingrid Thompson, Dennis Fountain, Russ Brown, and Alternate Member Walter Solzak. Also present was ZBA Clerk, Linda Leduc, recording minutes.
7:10 PM – Finding application for Luis Pedro to construct a pool deck within the required side-yard setback of 15’ located a 43 Glenn Street.
D. Fountain motioned to waive the reading of the abutters list. R. Brown seconded. The vote passed (4:0).
Luis Pedro was present and represented himself. He stated that he would like to construct a new pool deck, which would further impinge on the 15’ side yard setback. Currently the pool, installed in 1994 and prior to the Pedro’s purchasing the home, sits within 13’ of the side-yard property line. The proposed 12’ wide deck would bring the construction within 1’ on the side yard property line. The new deck would be elevated 4’ off the ground and have a 4-6’ privacy fence along the perimeter.
The board asked why the deck had to be located as proposed and not on the other side of the pool. L. Pedro stated that their 12,700 sf lot is small. His kids currently use the space on the other side of the pool as their play area. Also, the existing deck off the house, and to which the proposed deck would have to be attached, is 12’ higher than the level of the pool. Additionally, a deck on the other side of the pool would be facing the neighbor’s property. This would create a stage-like deck without an opportunity to install a privacy fence.
Neighbor, Michael Burkowski of 51 Glenn Street, was present and stated that he was in favor of the construction. The board appreciated his support but expressed concern that a future neighbor may not like the extent of the decks proximity.
The board is generally not comfortable with allowing construction beyond 5’ of the property line. L. Pedro asked if 7’ wide deck would be more palatable? I. Thompson stated that there was still not sufficient reason why the deck couldn’t be put on the other side of the pool. Furthermore, the plans submitted in the application were not surveyed, substantiating concern over the discussion of such detailed measurements.
W. Solzak asked if the proposed deck is within the character of the neighborhood. L. Pedro stated that an abutter has a garage located within 3’ of the property line. He also stated that he has increased the value of his home substantially since purchasing it and believes this project would also have a positive effect.
I. Thompson motioned to deny the Finding based on the fact that there was not enough evidence provided showing that the proposed project would not make the lot more non-conforming than what currently exists. D. Fountain seconded. The vote passed (3:2).
7:40 PM – Discussion with Attorney Steve Riley to update the board on the Chapter 40B Crystal Lake Village Project and receive approval of the new shareholder, Steven Blum.
Attorney Steve Riley was present and introduced Attorney Steven Blum to the board. Also present was the project contractor Donald Zucco.
Attorney Riley briefly spoke of the project that was approved by the board in February of 2004. The Comprehensive Permit includes the construction 44-condominium units and a loop road off of Fuller Street in Bondsville. He stated that 90% of the road’s infrastructure is complete, which includes the sites utilities and drainage. The base coat has not been yet been laid. The construction of two of the Phase 1 buildings have begun, with the foundation of building 1 poured, and the framework of building 2 almost complete.
Unfortunately, the project has been delayed for the last 8-9 months for various reasons, which include the following:
Ø The projects former contractor filed a lawsuit against Crystal Lake Village; the suit was brought to superior court, and counter claims by Crystal Lake village ultimately ended in the favor of the developer. The former contractor owes $300,000 to Crystal Lake Village.
Ø The project was under funded originally – original budget of 2.27 million, Actually needed – 3 million.
Ø The project was not managed well.
Steven Blum has secured an additional $620,000 of his own money to help in funding of the project. Attorney Blum is not actively practicing law. He has been involved with many real estate projects, and completed the first Chapter 40B project in Haverhill, MA 10 years ago. Currently he is managing a 600 to700-unit condominium project in Granite Heights. He has extensive experience managing large-scale residential development projects, and in the case of the Crystal Lake Village project, has the ability to secure the additional required funds to make the project a success.
Under the direction of S. Blum, he would like to have 12 units complete within the next few months. The overall time line is as follows:
1. Landscaping
2. Complete the 1st 6-unit building
3. Complete the second building
4. Install the electric service along the road
5. Pave the loop road
Attorney Riley stated that they were here tonight to ask for the Zoning Boards approval to transfer the shareholders stock into Steven Blum’s name.
N. Czech reminded the attorneys, as well as the contractor, D. Zucco, that they must still follow the approved plan, which outlines the phasing of the project. He stated that the building they are referring to as #1 is actually #2 on the plan. Phase I includes the construction of 14 units, all of which must be completed before moving on to Phase II. He also stated that a lottery agent must be sought and approved by the board. I. Thompson stated that the Building Inspector cannot approve of the Certificates of Compliance without the lottery.
S. Blum stated that he has every intention of following the approved plans.
D. Fountain motioned to approve the transfer of ownership to Steven Blum. R. Brown seconded. The vote passed (5:0).
8:10 PM - D. Fountain motioned to adjourn the meeting. R. Brown seconded. All in favor.
| 
