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

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BOA Meeting May 12, 2016 4 The applicant, Ms. Marie Tulin stated that she would like to reiterate they are not challenging the use or the effectiveness of the program, they are challenging the dimensional issues, such as parking and they feel that if they had had the opportunity to comment, Bina Farm could have avoided all the problems. Mr. Fred Lonardo, the Building Commissioner spoke. Mr. Lonardo stated that from a litigation standpoint that he and the Zoning Administrator looked at in issuing this permit, they have to be careful with educational uses. He had felt that the dimensional standards of the town would prohibit the use. If the dimensional requirements of the town prohibit the use, they can’t restrict that or they would be open the Town up to litigation. As proposed, Bina Farm had presented information to address those issues. The parking was specifically addressed on what they felt the need was under the bylaw. There was no specific number addressed in that. They addressed the height based on the structure they needed to have.If he had prohibited the size that would mean he would have prohibited the use. It comes under the Dover amendment. A Board Member, Mr. David Williams spoke. He asked Mr. Grant why the structure had to be 42ft high. (The engineer is specialized in this and they had to make it that way. Mr. Grant is not sure why but the difference is de-minimus.) No matter where you put it it’s out of place. He doesn’t know where else they would have put it without obstructing the view. (It had to be moved due to proximity to wetlands.). Mr. Williams stated that there shouldn’t be any parking on Allen Street because it’s too narrow (There are spaces on Bina Farm’s property). Mr. Fred Lonardo, the Building Commissioner spoke. As submitted, the plan for the structure was actually 40ft and a few inches. Because of the way the bylaw was written, it wasn’t until after the structure was built they realized it was 2.5ft. over the limit. It wasn’t until they did the site work that they realized that. They had had to change the grading to accommodate the structure. Mr. Grant stated that he wasn’t aware of that but it shows again Bina Farm was trying to comply with the issues. An audience member, Ms. Eleni Splagounias of 50 Allen Street spoke. She appreciates Mr. Williams referencing the parking. There is parking on Allen Street right now and was blocking her driveway. Need solution to avoid that. There are other therapeutic riding schools in the area that have wooden structures that could have been under 40ft. She wanted to know if it was a financial thing and it could have blended in better with landscape. Mr. Grant stated that Mr. Carroll would like to mention as a property owner he would like to add tree screening around the property to minimize the view of the structure. A Board Member, Ms. Jeanne Krieger stated that she recommends that the neighbors work with Bina Farm and Mr. Carroll. When Ms. Krieger walked by the site yesterday, there was one (1) vehicle parked on the side of the road. Two (2) weeks ago when she walked by there were five (5) or six (6) vehicles and two (2) of them were idling. Submitted by: Jennifer Gingras, Administrative Clerk