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Scituate Zoning Board of Appeals, October 18, 2007
Scituate Zoning Board of Appeals
October 18, 2007
MEETING CALLED TO ORDER:
Meeting was called to order at 7:15 PM.
Albert Bangert amended to include an executive session at the end of the hearing.
Attorney Michael Hayes represented the applicant. Steve Bjorklund was present.
M. Hayes- Little Rock Island abuts Great Rock Island. They were granted a variance for Little Rock Island but they did not receive the subdivision for Little Rock Island from the Planning Board. Their next attempt was to propose a common driveway for the entry but the Planning Board had denied that. They are currently in negotiations with several property owners in the area and are investing other avenues.
Sara Trezise- clarified that they can only receive a 6-month extension.
Steve Borjorklund- the decision hinted that he would need to be back to the Board anyway. He felt they would need more than six month to apply for the bridge so they would be back again for another six month extension.
Albert Bangert- explained what a variance was.
Morin moved to grant the extension for 6 months, with the variance expiring on May 16, 2008, seconded by Trezise, all in favor, unanimous.
Second Application: Carl Carter of 67 Oak Knoll Drive, San Anselmo, CA 94960 requests a variance to change a two-family dwelling into a three-family dwelling at 18 Pond View Avenue.
Attorney Isaac Machado from Estein, Lipsey & Clifford represented the applicant.
Brian Sullivan- the dwelling is assessed as a three-family but he felt this was not appropriate. Mr. Sullivan recused himself because he also serves on the Board of Assessor’s and felt this might be an issue in front of that Board in the future.
Lawrence Carter the brother of Carl- said his brother bought the dwelling in 1994 and has been paying taxes on it as a three family.
Attorney Machado- the two-condo units and the in-law are all separate with separate with entrances. His client did major renovations 4 years ago.
Peter Morin- asked how the master deed read.
Attorney Machado- it says it was a 2-unit condo with an in-law apartment.
Peter Morin- does the master deed have the delineation of the in-law apartment.
Attorney Machado- it’s described as part of unit two.
Peter Morin- when did it become three units.
Attorney Machado- felt that the Town allowed it by assessing it as a three unit dwelling. The records show there was the ability to have the two units with an in-law at the top.
Edward Tibbetts- he did not believe there was a provision to create a third dwelling under the assessory dwelling bylaw. The bylaw is silent on the third unit issue.
Lawrence Carter- it was built in the 1970’s.
Peter Morin- would like to see the evidence that the building was pre-existing non-conforming. He felt there was no proof that it was a legal two-family with an in-law.
Attorney Machado- felt this wouldn’t be a problem; he was relying on the Town’s documents.
Albert Bangert- would like a certified plot plan that was stamped by an engineer. Would like clarification whether this meets the assessory dwelling by-law too.
Albert Bangert- suggested he work this out with the property owners.
Bangert moved to continue the hearing to November 15, 2007, seconded by Trezise, all in favor, unanimous.
Third Application: Michael Ball, Trustee of 12 Jefferson Lane, Scituate requests special permit/finding under M.G.L c.40A Section 6 to raze and reconstruct pre-existing non-conforming single-family dwelling at 92 Thomas Clapp Road.
Michael Ball was present.
M. Ball- considered putting on an addition to the existing dwelling but there are wetlands issues on the property. He would like to raze and rebuild it away from the wetlands. They have subdivided the property and now have two-separate lots but do not meet the upland and lot width requirements.
Edward Tibbetts- asked if the parcel he as talking about had three lots.
M. Ball- the third lot is for the septic system. The antique will be left alone but they would be taking down the garage.
Peter Morin- why were the lots not conforming when they were subdivided.
M. Ball- they had so many issues with wetlands and the septic system. He did his best.
Brian Sullivan- felt this was probably the best they could come up with.
M. Ball- the Conservation Commission was working on his order of conditions.
Cavanaugh’s of 82 Thomas Clapp Road- had concerns with drainage.
M. Ball- he would not be using fill and the design would direct any water to the road.
Morin moved to grant the special permit per the submitted plan, seconded by Sullivan, all in favor, unanimous.
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