ZONING BOARD OF APPEALS
Meeting Minutes of December 29, 2008
Town Administration Building,
Planning Office, 7:00 PM
Chairman Antonio Andre called the meeting to order at 7:00 PM. Present were regular members Norman Czech, Ingrid Thompson and Dennis Fountain. Also present was principal clerk Mary Watson recording the minutes. Member Russ Brown and associate member Walter Solzak were absent.
7:00 PM-Variance request for the property located on 248 Old Warren Road, Palmer. The applicants are proposing to construct a single-family home on a lot that does not meet the required side-yard setback in the suburban residential zone.
The clerk read the public hearing notice.
A motion was made by N.Czech to waive the reading of the abutter list. D.Fountain seconded. The vote passed (4:0).
Richard Rollet, the Building Inspector and Zoning Enforcement Officer was present.
The applicants, Brandy and Donald Charron were present. B.Charron stated to the Board that the contractor poured the foundation without resurveying the land beforehand; therefore the foundation is now three feet into the side-yard setback. The contractor, who was not present, advised the applicants to cut rather than re-pour the foundation, which would be too costly.
D.Charron stated that the abutting land is unused and has a lot of trash on the lot.
D.Fountain asked the applicants if they had asked the contractor to be present.
B.Charron stated she asked him to attend the meeting, however he refused.
Sherry and John Kezer, relatives of the applicants, were present and stated that attorneys have been consulted, no paperwork is available to confirm that a surveyor was consulted to check before pouring the foundation and the contractor does not have the money to re-do the foundation. The contractor suggested to the applicants to apply for the variance first due to the fact that the legal process would be too lengthy.
N.Czech stated that the zoning laws are in place for a reason. The Planning Board approved a permit based on the lot being conforming.
B.Charron explained that there is a hardship since the well and septic lines could freeze since being exposed in the winter due to the demolition and re-pouring of the new foundation.
The Board reviewed with the applicants the comments dated December 29, 2008 from Linda Leduc, the Town Planner. The comments give a timeline of actions by the Planning Board. On February 28, a decision by the Planning Board was filed with the Town Clerk granting a Finding, for the demolition of the existing mobile home on a nonconforming lot and to allow the construction of a conforming single-family home, a Special Permit, for the in-law apartment and Site Plan Approval. On May 21, 2007 the Planning Board granted a request to amend the Site Plan to allow the house to increase in size from 26’ X 48’ to 26’ X 56’. This increase allowed the building to extend up to the 30’ front and back yard setback lines and remain conforming. On October 5, 2008 the Planning Board voted to
approve an extension of the original completion date to August 31, 2009. The Town Planner’s comments refer to Palmer Zoning Ordinance section 171-83 F. that states once a building which has been non-conforming is brought into conformity with this ordinance, it shall not be permitted to revert to nonconformity.
The Town Planner also provided information from Attorney Michael J. Ciota regarding the application for a variance. Under Massachusetts General Law (MGL).c.40A, §10 To Get A Variance, the applicant must prove all three conditions: unique physical conditions, substantial hardship, substantial harm or derogation from ordinance’s purpose.
The Board reviewed the three conditions with Ms. Charron and stated that on page four of the information provided by Attorney Ciota it states that self-imposed hardships cannot be the basis for granting a variance.
Donald Spink, an abutter whose property is located on 238 Old Warren Road, Palmer, expressed his concerns of the water line that was previously damaged on his property from the machines clearing the lot before the foundation was poured.
Chairman A.Andre stated that this hearing has no relevance to the damage done to Mr. Spink’s water line.
B.Charron asked the Board what would constitute as a hardship for her lot.
Discussions were held regarding the self-imposed hardship of the lot located on 248 Old Warren Road, Palmer.
A motion was made by Dennis Fountain to deny the variance request for Brandy and Donald Charron. Ingrid Thompson seconded. The vote passed (4:0).
B.Charron and S.Kezer asked the clerk the process for the permit and the appeal period.
Meeting Minutes of October 14, 2008-A motion was made by D.Fountain to approve the minutes. I.Thompson seconded. The vote passed (3:0:1). Member N.Czech abstained.
Letter from Citizens’ Housing and Planning Association, Inc (CHAPA). A letter dated December 23, 2008 and signed by Executive Director Aaron Gornstein was sent regarding the 40B development in Palmer called Crystal Lake Village located off Fuller Road, Bondsville.
A motion was made by N.Czech acknowledging receipt of the letter from CHAPA regarding Crystal Lake Village. D.Fountain seconded. The vote passed (4:0).
7:33 PM-A motion was made by N.Czech to adjourn. D.Fountain seconded. The vote passed (4:0).
Respectfully submitted,
Mary Watson
Principal Clerk
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