BOARD OF APPEALS MINUTES
Monday, January 25, 2010
7:00 p.m.
Present: Chairman Lisa Beauvais, Vice-Chairman Gregory Neffinger, and Alternate Chester Zymroz.
Absent: Secretary Christine Kumiega and Alternate Jim Bodurtha
The Chairman called the meeting to order at 7:00p.m.
1. Acceptance of Minutes
Ms. Beauvais moved to approve the minutes of November 23, 2009 and December 28, 2009, as presented; Mr. Neffinger second. UAV.
2. Public Hearings
7:00 p.m. (7:05 p.m.) – Pocket Communications (Special Permit) –Special Permit to amend existing special permit under Section 4.21 of the Zoning Ordinance for a change of one non-conforming use to another non-conforming use at the property located at 1362 Westfield Street in the Neighborhood Business (NB) zoning district. Continued from 9/28/09.
Mr. Werbiskis said Attorney Sypek has requested a 60-day continuation to continue negotiations with Exxon.
Ms. Beauvais moved to continue the hearing to March 22, 2010 at 7:00 p.m.; Mr. Neffinger second. Discussion: Mr. Neffinger asked if any information has been presented to the Board regarding this hearing? Mr. Werbiskis said the Board had issued half of a decision on this matter, but no new information has been submitted regarding the site improvements. UAV.
Attorney Komack came before the Board and submitted a letter of resignation to the Board stating that he would no longer be representing Oksana Vlasynk on the matter of 476 Main Street. Architect William Devlin also came forward and stated that he no longer represents Ms. Vlasynk on the same matter. He stated he would be sending a letter of resignation to the Planning Office.
7:05 p.m. (7:10 p.m.) – Joanna Cohen (Special Permit) – Special Permit from Section 4.21 for the alteration and expansion of a pre-existing, non-conforming structure at the property located at 12 Hewitt Street in the Residence A (RA) zoning district.
Joanna Cohen of 12 Hewitt Street said she would like to add a bedroom and bathroom to the existing home because she needs more room for her family.
Ms. Beauvais said it was a 15 foot by 38 foot addition to a pre-existing, non-conforming structure. The structure is non-conforming due to the front yard setback which is a 30 foot minimum requirement and Ms. Cohen has 13 feet. Ms. Cohen said the actual addition would begin 20 feet back from the road on the left side of the house.
Ms. Beauvais said this would be creating a new non-conformity in the side yard from 20 feet to 14 feet; the front yard setback improves, but it is still 10 feet off. Ms. Beauvais asked if Ms. Cohen had any discussion with an architect about putting the addition in a different place? Ms. Cohen said she has a licensed contractor, but was awaiting approval before official plans were drawn up. There is an oil tank and driveway on the other side; this is a better location for the addition. The expense to put the addition off the back of the home is not feasible. The garage is the deepest part of the home.
Ms. Beauvais asked if she had discussed the addition with her neighbors? Mr. Werbiskis said two abutters came into the office and they did not note any objection to the proposal.
Ms. Beauvais said the Health Department raised an issue if the home was on a septic system and Ms. Cohen said they are on town water and sewer. Ms. Beauvais asked if the addition would be a single-story. Ms. Cohen said yes, with a raised elevated living room, but all rooms are on the first floor of the house, except the room above the garage area. The land does slope towards the back.
Ms. Beauvais asked for questions from the Board.
Mr. Zymroz asked what the setback was of the adjacent property? Mr. Werbiskis said it appeared to be about 8 to 10 feet off the property line. He said there were no concerns from the town departments.
Ms. Beauvais asked for comments from the audience. No comments followed.
Ms. Beauvais moved to close the public hearing; Mr. Neffinger second. UAV.
Mr. Neffinger said the addition would conform to the neighborhood and would not be more detrimental than the existing structure, but it is creating a new non-conformity.
Ms. Beauvais said 14 feet is wide enough for an emergency vehicle and the other side of the house has plenty of room also for access.
Mr. Zymroz noted it was similar to the adjacent property as well.
Ms. Beauvais moved to approve the special permit for 12 Hewitt Street and the
Board finds that despite the non-conformity due to the front yard setback, the new addition is less of a non-conformity and the new non-conformity to the north of the property is still acceptable to the Board with enough access for emergency vehicles and there was no opposition from the neighbors or abutters; Mr. Zymroz second. UAV.
7:10 p.m. (7:15 p.m.) Oksana Vlasynk (Special Permit) – Special permit to allow for a non-conforming structure to be used for retail and storage purposes at the property located at 476 Main Street in the Business A (BA) zoning district. Continued from 12/28/09.
Ms. Beauvais noted for the record that the applicant, or a representative, were not in attendance at the hearing. Ms. Beauvais read the letter from Attorney Komack stating he was no longer representing Ms. Vlasynk on this matter. (See file).
An unnamed gentleman came into the auditorium and addressed the Board stating that he had a document to give to the Board in relation the matter of 476 Main Street. He handed the copies to Mr. Werbiskis and left the meeting.
Ms. Beauvais reviewed the information the Board has received since August on this matter: Originally, Ms. Vlasynk came before the Board without counsel or an architect. The Board told her she needed an attorney and architectural plans, and the Board made the condition to come back with counsel and an architect, including before and after pictures to show the property had been cleaned up. The Board of Health has been involved. In September Attorney Komack presented information on a variance and the Board was going to deny and he asked for a withdrawal. In November he requested another continuation to February, but the Board required a January meeting and to have the applicant provide financial documents from the bank and specific plans as to the use of the property.
Emails were sent from Mr. Werbiskis requesting an update from Attorney Komack, with no response and now Attorney Komack is no longer involved. No one is representing Ms. Vlasynk and she is currently in Florida.
Mr. Werbiskis said Ms. Vlasynk was in the town hall on Friday before returning to Florida this past weekend. Ms. Beauvais said now the Board has a copy of a purchase and sale that has been entered into with someone in Florida. The closing is scheduled for February 22, 2010 at $320,000.00 and the property is listed as multi-family and commercial use. This Purchase and sale is not conditional upon the buyer’s ability to obtain a special permit or variance. No one is present at this hearing to speak to the validity of this purchase and sale. Ms. Beauvais felt, personally, that there was not much credibility to this purchase and sale document and now the attorney and architect have both resigned from this matter.
Mr. Werbiskis said on Friday he met with Oksana and Nicky and there was no intended use of the property and the applicant was surprised that they could not use it for residential purposes. Mr. Werbiskis said he did tell them that someone needed to be present at the hearing, but as of Friday there was no plan in place for the property.
Mr. Neffinger said that Ms. Vlasynk called him looking for an architect and he asked their intentions and she told him that she really wanted to sell it. Mr. Neffinger suggested she speak with Mr. Werbiskis.
Mr. Werbiskis said he suggested that she have any potential purchaser contact the Planning Office to validate the use of the property.
Ms. Beauvais said the Board has not gotten anywhere with this since August and the Board was led to carry this on for six months.
Mr. Werbiskis said a friend of the applicant in Florida is involved in this purchase and sale. Ms. Beauvais felt this is another stall tactic. Mr. Zymroz said no one is representing the petitioner tonight so the Board should vote on what is before them with no new information presented by the applicant. Ms. Beauvais said she felt they had to deny and close this out once and for all. She said she was very frustrated on being misled all these months. Mr. Werbiskis said if the Board denies they cannot refile for two years, unless there is a change in the material facts in the case. As long as the Planning Board and the Zoning Board found a substantial change in the facts of the case, it could be reheard.
Mr. Neffinger said the Board is denying the application due to the fact that no new information has been brought forward. Mr. Werbiskis noted that the Health Department issues are not impacted on this decision of the Board. Knowing the Attorney and Architect are no longer on the case, the Board of Health will be moving forward with the demolition. Their main intent is to see the property reused, but since there was no action over the past few years, they had to take these steps. The owners had ignored the Health Department to secure the property.
Ms. Beauvais moved to deny the request for special permit to allow for a non-conforming structure to be used for business and storage for the reason that the applicant did not appear to present the information specifically requested by the Board; Mr. Neffinger second. UAV.
3. New/Old Business
4. Date of Next Meeting
The next regular meeting of the Board will be held on Monday, February 22, 2010, at 7:00 p.m.
5. Adjournment
Ms. Beauvais moved to adjourn the meeting at 7:35 p.m.; Mr. Zymroz second. The vote was unanimous.
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Christine Kumiega Provost
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