2016-11-10-ZBA-min - Laserfiche WebLink

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BOA Meeting November 10, 2016 A Board Member, Ms. Martha C. Wood, asked if the Planning Board has suggestions about possible changes. Mr. Canale stated that the application states they intend to have an attic in which they have a floor area equal the amount of the exceedance. If there is no permanent stairway to the attic and if it were conditioned to not be livable, then the gross floor area would be under the limit. An audience member, Mr. Frank Sandy of 353 North Emerson Road, spoke in opposition to the petition. He stated that if the 3rd story is an attic, then the Town should make clear that it is never converted to a livable space and must only be accessible by a ladder. A Board Member, Mr. Ralph D. Clifford, stated that Town Meeting gave the ZBA the discretion to issue Special Permits for these items. If Town Meeting hadn't done that, it would be a Variance, which has much stricter guidelines. There was a discussion about the Article 41 bylaw. An audience member, Ms. Jenna Johnson of 23 Ridge Road, Planning Board Member and Precinct 5 meeting member, spoke in opposition to the petition. She feels granting this request would violate the Special Permit criteria. The additional square footage is well over 10% of the allowable GFA and its concerning that the applicant waited so long to apply for the Special Permit. A Board Member, Mr. David G. Williams, stated that this home was not a case of building on spec, it was built for a specific tenant. (No, there is a for sale sign out there). Mr. Clifford asked if they deny the Special Permit, would they still get a Certificate of Occupancy. (The Zoning Administrator, David George, responded that they will not get a Certificate of Occupancy for what they proposed and will have to modify the structure to meet the requirements). Mr. Clifford asked if the applicants would be able to make whatever modifications they wish to make that result (yes). Ms. Wood stated that there is nothing the Board can do to say that it's a permanent reduction in square footage. Ms. Krieger stated that if they deny it, they can't deny it with conditions. If the applicants want a Certificate of Occupancy, they will have to demonstrate to the Building Department that they are going to be something permanent in nature that will limit the usable square footage. Mr. Williams stated that if we deny it, we need to send a clear message to the applicant and the Building Department that the reduction needs to be a permanent solution.