ZONING BOARD OF APPEALS
Meeting Minutes of December 20, 2006
Town Administration Building,
Meeting Room #1, 7:00 PM
Chairman Tony Andre Member called the meeting to order at 7:00 PM. Present were regular members Norman Czech, Ingrid Thompson, and Dennis Fountain. Also present was Town Planner, Linda Leduc, recording minutes.
7:00 PM - Variance Application for Barbara and Stanislaw Koprek to renovate their existing two-family home into a three-family apartment house resulting in new dimensional requirements for the property located at 2004A Calkins Road, Palmer.
N. Czech motioned to waiver the reading of the abutter’s list. D. Fountain seconded. The vote passed (4:0).
The applicants, Barbara and Stanislaw Koprec, were present and represented by Richard Cook of Lewis & Cook Surveyors.
R. Cook submitted a new plan relocating the proposed second exit from the north side of the building to the rear. He stated that the applicant is requesting a variance from the required 60,000 sf minimum lot requirement, the 100’ minimum road frontage requirement, and the 50’ side yard setback. There is already and existing variance for the road frontage, and the construction of the three-family will not alter or increase the existing footprint of the building, resulting in no further impingements on the required setbacks. He stated that the majority of lots in the neighborhood are small; on average 20,000 sf., and are either existing two- or three-families. The lot is well kept and has ample parking.
The members asked what sort of hardship is guiding the project? R. Cook stated that the applicants need to have a three-family is financial, and that the only way they could remove the need for the variance for the side-yard setback requirement is if they moved the house. T. Andre stated that financial reasons cannot be considered a hardship and that the ZBA has laws it must follow.
D. Fountain asked if the 3-family has already been constructed? R. Cook stated that the third apartment is in place, and that it entailed interior alterations. He stated that the original variance was for a 40’ x 48’ building. N. Czech reminded him that the variance was for a two-family, not a three-family. I. Thompson stated that the three-family is illegal and must be entirely removed if not approved tonight.
Abutters present spoke against the project, stating that the neighborhood is primarily single-family homes and three-family is out of character.
N. Czech motioned to deny the variance request. D. Fountain seconded. The vote passed (4:0).
7:30 PM – Discussion with Attorney Steve Riley, Crystal Lake Village - Approval of revisions made to the original Regulatory Agreement to incorporate the new Affordable Housing Deed Restriction, and Monitoring Agreements, and approve of new Lottery Agent.
Present was Attorney Steve Riley, Larry Rosenberg, member of the development group, and Beverley Barry, the proposed lottery Agent.
Steve Riley submitted the revised Regulatory Agreement and Monitoring Agreement. The changes to these documents are ones that are required by Mass Housing. The Regulatory Agreement contains revisions to the deed, which ensures the affordability of the units in perpetuity, even in the event of a foreclosure.
The Monitoring Agreement ensures that the developer has a 20% profit limit on the project. These documents will be recorded with Mass Housing and have also been reviewed by Attorney Michael Ciota. Attorney Ciota submitted a letter to the ZBA stating that he has reviewed the documents and recommends that the board approve and sign both.
There were no questions of the board. N. Czech motioned to approve of the revisions to the Regulatory and Monitoring Agreements and to sign both documents. D. Fountain seconded. The vote passed (4:0).
Chairman T. Andre signed the documents. I. Thompson stated that she will take both documents to notarize and will return them to the office in the morning.
7:50 PM – Attorney Steve Riley introduced Lottery Agent Beverley Barry to the Board and spoke on her credentials that were previously submitted to the members. Beverly has been the lottery agent for other Chapter 40B projects. She is well versed on how to market the low-income units and conduct the local option portion of the lottery, as well as the process for which a potential applicant would need to follow to be an eligible purchaser. B. Barry stated that the local option will be conducted first and if the qualifying families do not get picked in local preference then they will have the option of being entered into the general lottery. The lottery will run for at least 60 days after the marketing commences.
N.Czech asked what the start date was for the lottery and what units are in the process of being completed. L. Rosenberg stated that the first building is forty-five percent complete and, of the total number of units, two will be affordable; one three bedroom and one two bedroom. The second building is also under construction and will have one affordable unit. The project will consist of nine buildings total- two buildings will have two affordable housing units and the rest will have one affordable housing unit; making eleven affordable units for the entire project.
D. Fountain motioned to approve Beverly Barry as the projects lottery agent. N. Czech seconded. The vote passed (4:0).
Attorney Riley stated that he will send a final signed document to the Zoning Board.
Meeting Minutes of September 12, 2006 - I. Thompson motioned to approve of the meeting minutes of September 12, 2006 as written. D. Fountain seconded. Vote passed (4:0)
Meeting Minutes of October 18, 2006 – D. Fountain motioned to approve the meeting minutes of October 18, 2006 as written. I. Thompson seconded. Vote passed (4:0).
New applications – D. Fountain motioned to approve of the Finding and Variance applications. N. Czech seconded. The vote passed (4:0).
Adoption of the Mullen Rule - N. Czech motioned to accept the local option of the Mullen Rule and recommend that Town Council also accept it. D. Fountain seconded. The vote passed (4:0).
8:05 PM – I. Thompson motioned to adjourn the meeting. N. Czech seconded. All were in favor.
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