Chairman: William Filsinger
Members Present: Arlene Murphy, Rob Cotter, Brad Wyatt, Stephen Longton
Members Absent: Janet Lombardi, Larry Campo
Recorder: Melanie Rich
Mr. Filsinger called the meeting to order at 7:15 p.m.
Reorganization of the Board – Ms. Murphy motioned to nominate Mr. Filsinger as Chairman; Mr. Wyatt seconded; all agreed; motion approved. Mr. Cotter motioned to nominate Ms. Lombardi as the representative to the Earth Removal Board; Mr. Wyatt seconded; all agreed; motion approved.
Michael Holyoak, 18 Boulder Way (Application for a Variance) – The hearing was opened. Mr. Filsinger appointed Stephen Longton as an Associate Member to fill in for Janet Lombardi on the matter. Mr. Holyoak and his attorney, Christopher Flood, were in attendance to request the ZBA approve his variance request to straighten a right-of-way on Boulder Way, which is a private way on Rocky Pond Road. Certified mail receipts were submitted. Mr. Holyoak presented the plans. He explained that he wanted to straighten the original winding road to avoid requesting numerous variances to build his house. Mr. Filsinger noted that he would be asking for four variances on four separate lots as opposed to four variances on a single lot. He further said there is no variance to grant, but the
Planning Board needs it before they can act upon it. Mr. Holyoak stated that the lots are substandard and will remain that way. The only lot that would be affected is his new lot. Mr. Filsinger asked what would be gained. Mr. Holyoak said the building envelope for the house and it would be further away from the road. Proposed deeds were prepared and signed by the parties involved but would not be recorded at the registry unless the board approved. Plans for the design of the house will not be prepared until he receives approval of the variances. Mr. Filsinger was unsure if the board could help.
Ken Sydow said the right-of-way exists to his property and that there is a 3 ½ acre parcel called the “rock”. Mr. Sydow said he would challenge the 10’ width requirement to alter because of a protection issue. He believes Mr. Holyoak is looking for a non-conforming lot. The footprint is 40’ x 25’. Mr. Filsinger asked what the hardship was, to which Mr. Holyoak said the hardship would be if the board did not grant the variance. Mr. Filsinger said that is not a valid hardship and he is not inclined to increase the non-conformity of four lots for a single lot. Mr. Holyoak said he needs to start the house before the fall. Ms. Murphy asked if non-conformity can be increased. Mr. Filsinger replied yes, with a variance. Mr. Wyatt said he would be inclined to vote one variance
to the lot and felt there are other issues to deal with (e.g., the lot width). Attorney Flood reminded Mr. Holyoak that if the board does not vote favorably, there will be a two-year wait, as opposed to withdrawing it. Mr. Filsinger said if the house was put in the original footprint and a story added, no variance would be required. The interim building inspector was asked to attend to clarify demolition/construction. Mr. Zahariadis said there is a two-year window and that the permit has to be activated; something needs to begin. Attorney Flood asked about hardship issues. Mr. Holyoak was advised to include setbacks on the plan. Mr. Holyoak was told by his engineer that a precedent was set prior in the town. Mr. Filsinger was unaware of it. Mr. Holyoak withdrew his application without prejudice. He will submit another application for the April 25th meeting.
The meeting was adjourned at 8:45 p.m.