2016-05-12-ZBA-min - Laserfiche WebLink

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BOA Meeting May 12, 2016 2 contend they aren’t entitled to some relief per the statute, however the Building Commissioner should not have let it go forward without any comment from the abutters. Ms. Tulin referenced the photos provided to the Board. There might have been some constructive input from the abutters. Bina Farm was responsive about signage but only after the abutters made a big deal about it. There should have been a hearing with the abutters present if someone was asking for an exemption from the zoning laws. Given the fact that Bina Farm needed a variance, there should have been a notice to abutters before a decision was made. The Chairman, Ms. Jeanne Kreiger asked for questions from the Board. A Board Member, Mr. Edward McCarthy stated that he commends Ms. Tulin for being involved and stepping forward on this controversial topic. The Chairman, Ms. Jeanne Krieger asked for comments from Mr. Edmund Grant, who is representing Bina Farm. Mr. Edmund Grant, the attorney representing Ms. Coryn Bina of Bina Farm, spoke. John Carroll, owner of Bina Farm consists of 23 acres and 2 parcels. Bina Farm installed an arena for therapeutic horse riding facility. Mr. Grant read his letter dated April 21, 2016 to the Board. Mr. Grant also stated that Ms. Tulin said that there should be a requirement that abutters and neighbors have an input on the building permit regulations but this is not the law. The Building Commissioner can sign a building permit without a hearing on that matter. Requiring a hearing is not part of the zoning bylaw or state law. The Building Commissioner was in his discretion to apply the zoning bylaw and also to apply reasonable standards and has the flexibility to do so under state law when you have an exempt use organization such as Bina Farms. The bulk of the structure is in scale with the 23 acres of the property, most of which is open space. There was a pre-existing horse riding space to begin with, which Bina Farms took over. It is provided in a statement Bina Farm continues to operate to help neighbors and is bringing public benefit to community.Mr. Grant believes the Building Commissioner’s and Zoning Administrator’s determination in granting this permit was appropriate and justified. The Zoning Administrator’s analysis is thorough, well documented and correct. The town has discretion to apply the bylaw with flexibility to avoid undue hardship to a 501(c) organization. The decision to issue the permit should be upheld. An audience member, Ms. Alexandra Swietzer of 7 Allen Street spoke. She wanted to stress that Ms. Tulin is speaking on behalf a large group of neighbors, abutters and non-abutters who have concerns about the wetland issues and zoning issues. They all share the same concerns about the due process. They are interested in a constructive dialog before decisions are made and not after the fact. She appreciates the sentiment that Bina Farm wants to work cooperatively but not after the structure is built. An audience member, Ms. Eleni Splagounias of 50 Allen Street spoke. She wants to point out there was no covered structure existing. There was an arena but nothing Submitted by: Jennifer Gingras, Administrative Clerk