ZONING BOARD OF APPEALS
Meeting Minutes of April 24, 2007
Town Administration Building,
Meeting Room #1, 7:00 PM
Chairman Tony Andre called the meeting to order at 7:00 PM. Present were regular members Norman Czech, Ingrid Thompson and Dennis Fountain Also present was clerk, Mary Watson, recording minutes. Member Russ Brown and alternate members Gary Doane and Walter Solzak were absent.
Also present were Town Counsel Michael Ciota, Town Planner Linda Leduc, and Planning Board Chairman Michael Marciniec.
The clerk read the public hearing notice.
D.Fountain motioned to waiver the reading of the abutter’s list. I.Thompson seconded. The vote passed (4:0).
7:00 PM-Administrative Appeal for applicant John Handzel, of Nu-Way Homes Inc, for the property located at 44 North Street, Palmer. Attorney Mark Beglane was present and represented Mr. Handzel. M.Beglane stated that the Variance granted on January 8, 1992 allowed for the creation of the lot and that the right granted by the variance was exercised when the plan was recorded at the Hampden County Registry of Deeds. Because of the recording of the plan the Variance is still valid therefore allowing the present owner the right to construct a single-family home. M.Ciota reviewed Chapter 40A § 6 stating the exemption for structure and use lawfully begun or in existence and/or the exemption for building or special permit issued before first notice of public hearing.
T.Andre asked the abutter present if he had any questions. Larry Hogan, whose address is 34 North Street, Palmer is opposed to the proposed development. He stated that there is not enough depth or frontage and the parking is bad. Mr. Hogan also stated that the lot is too small to put a house on it. He also questioned how would the snow be removed.
There were no other questions from the Board or the abutter present.
A motion was made by N.Czech to approve the administrative appeal. D.Fountain seconded. The vote passed (4:0).
7:40 PM-Request for a Variance for applicant Dennis Nubile for the property located at 4 Fairfield Dr, Palmer. The applicant is requesting a variance for a proposed garage addition that does not meet the required side lot setback in the suburban residential zone.
Mr. Nubile spoke to the Board on his own behalf and stated that the garage addition would come within 21.5’ of the side yard lot line. Mr. Nubile stated that because there is a deed restriction on the property that states the prohibition of detached structure and the existing placement of the house and driveway, this area is the only place the garage could be located. The neighbor is 150’ away from the proposed addition. The lot was created three years ago with the existing two-car garage. Attorney M.Ciota read to Mr. Nubile the three conditions that are required in order to grant a variance. The Board discussed the proposed project and their concerns that it did not prove to meet the three conjunctive statutory requirements of hardship.
There were no abutter’s present for or opposed to Mr. Nubile.
A motion was made by N.Czech to deny the variance request for Mr. Nubile due to no hardship. D.Fountain seconded. The vote was unanimous (4:0).
The clerk asked if any members from the Board would like to attend the Massachusetts Federation of Planning and Appeals dinner being held on Thursday May 10, 2007 at the Yankee Pedlar, Holyoke.
8:40 PM-Meeting Minutes March 26, 2007-A motion was made by N.Czech to approve the minutes. D.Fountain seconded. The vote passed (4:0).
8:45 PM-A motion was made by N.Czech to adjourn the meeting. D.Fountain seconded. The vote passed (4:0).
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