ANTRIM ZONING BOARD OF ADJUSTMENT
April 12, 2005 meeting
John Kendall Frank Scales Don Winchester
Carol Court Len Pagano Paul Young
Paul Bliss, Gary Chicoine Construction Paul Restuccia
Wendy Restuccia Bill Luce
Virginia Luce Brian Sawich
Chairman Winchester opened the review session of the meeting at 7:00 PM. At 7:30 PM, he convened the public hearings by designating Mr. Quachenbush to sit for Mr. Young and Mr. Vasques to sit for the member’s seat vacated by Mr. Haggett. He introduced the members of the board and explained the procedure to be followed during the conduct of the public hearings.
The first order of business was the public hearing on the request of Paul & Wendy Restuccia for a variance to Article VIII Lakefront Residential District, Section C.3. The applicant proposes to construct a new residence, a portion of which would be within the fifty (50) foot set back requirement from the road. Mr. Bliss explained that the applicants wished to demolish an existing dwelling on the property and construct a new home. Based on the septic system design approved by the State, there was a limited area on the property in which to locate the house. He presented a letter from Mr. Goodwin, PE the system designer. The area selected to site the house was such that portions of the structure would fall within the 50-foot front yard set back requirement. The actual distance from the road right of way would be 38 feet. Mr. Bliss then
presented responses to the five criteria required to grant a variance, a copy of which is in file #2005-03ZBA. The secretary asked for clarification of access to the lot and was told it was off of Hillside Drive. He also asked what the distance of the new dwelling would be from the high water mark. Mr. Bliss said that the old dwelling was about 85 from the high water mark and the new dwelling would be about 125 feet away. There were no abutters present to speak either in favor or against the application. The secretary indicated that he had received no written responses from any of the abutters; however, he did receive a phone call from Mr. Grant who is an abutter. Mr. Grant advised the secretary that he had no problem with the applicant’s request. Mr. Kendall felt that if the variance were to be granted that a condition should be applied which would restrict any structure from being erected on the old foundation or at the location of the dwelling to be demolished. There being
no future questions or deliberation, Mr. Winchester called for a roll call vote on the criteria to be met for granting a variance.
The proposed use would not diminish surrounding property values: Roll call vote: Mr. Kendall – aye, Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
Granting the variance would be of benefit to the public interest: Roll call vote: Mr. Kendall – aye, Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
Denial of the variance would result in unnecessary hardship to the owner because of special circumstances of the property that distinguish it from other properties similarly zoned: Roll call vote: Mr. Kendall – aye, Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
Granting the variance would do a substantial justice: Roll call vote: Mr. Kendall – aye, Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
The use is not contrary to the spirit of the ordinance: Roll call vote: Mr. Kendall – aye, Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
The applicant was advised that the variance was conditionally granted and they would receive the approval in the mail. The next step for the applicant was to obtain a building permit.
The next order business was the public hearing on the request of Brian Sawich for a Special Exception per Article VII Rural District, Section B.3.f. The applicant proposes to operate a tourist home on property located at 7 Elm Street Ext., Map 1C Lot 204. Mr. Sawich explained that they had purchased the old McCabe residence and over the past few years have been renovating the building and incorporating a separate apartment. The apartment is on two stories, is approximately 900 square feet, and includes a basement and laundry area. There is a 51’ x 62’ parking area which more then meets the ordinance for parking requirements. Mr. Sawich felt that they did not want to rent the unit as a conversion apartment and would rather list it a tourist home which is a use permitted by special exception in the Rural District. He felt that
there was a need for a facility for short-term lodgings and the resulting tenants would contribute to local businesses. He estimated that the apartment would be rented out about 100 nights a year and there would not be an impact on traffic in the area. Ms. Luce asked what the definition of a tourist home is. Mr. Sawich said it was a Bed & Breakfast without the breakfast. Mr. Scales asked if he had considered making it a permanent residence. Mr. Sawich felt that they would do better listing it as transient residency. Ms. Luce asked how many people would be occupying the apartment. Mr. Sawich indicated that it would be between four to six but no more than six. Ms. Luce did express concern about increased traffic on the road. She said that the road is already well traveled by children and people walking their dogs – especially in the summertime. There were no other abutters speaking either in favor or against the application and the secretary indicated that he had not
received any written responses to the notifications. Mr. Winchester then called for a roll call vote on the six criteria to be considered when granting a special exception. Since Mr. Kendall had done the renovation work on the apartment, he felt he should recuse himself from voting
1. The proposed use may be similar to one or more of the uses already authorized in that district and is in an appropriate location for such a use. Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
2. Such approval would not adversely affect the neighborhood, nor otherwise be injurious, obnoxious or offensive. Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
3. The use will not create excessive traffic congestion, noise, or odors in the neighborhood where it is proposed. Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
4. Such approval would be consistent with the intent of the Zoning Ordinance, after having given due consideration to recommendations received from the Planning Board. Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
5. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Mr. Scales – aye, Mr. Winchester – aye, Mr. Quachenbush – aye, Mr. Vasques – aye.
6. If the proposed special exception is listed in Article XIII, D, then it must meet all conditions of that Article. (not listed in Article XIII, D)
Mr. Sawich was advised that the special exception has been granted. His next step would be to apply to the Planning Board for a change of use. The secretary will process the application he has filed and notify him of a hearing date.
The next order of business was to elect a Vice Chairmen to replace Mr. Haggett who had been elected a selectman. Mr. Kendall nominated Mr. Young to be Vice Chairman subject to his acceptance. Mr. Scales seconded the motion which passed unanimously.
The secretary suggested that Mr. Pagano be appointed to fill the member’s seat vacated by Mr. Haggett. The board concurred in the suggestion, providing that Mr. Pagano agreed, and asked the secretary to request that the selectmen make such an appointment.
Mr. Winchester moved to approve the minutes of the March 8, 2005 meeting as corrected. Mr. Scales seconded the motion which passed.
There being no other business, Mr. Scales moved that the meeting be adjourned. Mr. Kendall seconded the motion which passed. Mr. Winchester adjourned the meeting at 8:35 PM.
Paul L. Vasques, Secretary
Antrim Zoning Board of Adjustment.