ZONING BOARD OF ADJUSTMENT
Minutes-----18 April 2007
PRESENT: M.
Mansouri,
B. Webb
(alt). Dave Calhoun, Mary Therese Lester (alternates
not yet sworn in)
ABSENT: Larry Britton
Recording: Pamela
Aslinger, Acting Secretary for Ms. Weber
Note:
These minutes are unapproved and will be reviewed on 16 May 2007 for
errors,
omissions and corrections. (There was one person in attendance,
Selectman Sawyer)
The meeting
was called to order at 7:30pm. Mr. Webb,
alt. designated for Mr. Britton.
PUBLIC
HEARING - No hearing was scheduled.
NEW
BUSINESS
Ch. Mansouri asked to determine the terms for the
two new alternates Dave Calhoun and Mary Therese Lester. The terms are to be staggered every three
years. She said Mr. Webb’s term is up in
2008. She gave Mr. Calhoun the option of
2009 or 2010. Mr. Calhoun chose 2009,
leaving Ms. Lester 2010, who was notified upon her arrival. Sec. Aslinger said the swearing in forms
would be mailed to them from the Selectmen’s office. They would need to be sworn in by Sandy
Smith, Town Clerk before the next meeting.
Election of
Officers:
Ch. Mansouri opened the nominations for Chairman. Ms. LeClerc nominated Ms. Mansouri for
Chairman. Ms. Weber moved the
nominations be closed and the clerk cast one ballot. Mr. Webb seconded the motion. All were in favor. Ms. Mansouri accepted and thanked the board
for the vote of confidence.
Ch. Mansouri opened the nominations for Vice-Chairman. Ms. Weber inquired of Ms. LeClerc if she
would like to be the Vice-Chairman? Ms.
LeClerc said yes, having been the clerk for the past year. Ms. Weber nominated Ms. LeClerc for
Vice-Chairman. Mr. Carignon seconded the
motion. Mr. Webb moved the nominations
be closed and the clerk cast one ballot.
Ms. Weber seconded the motion.
All were in favor. Ms. LeClerc
accepted.
Ch. Mansouri opened the nominations for Clerk.
Ms. Weber nominated Mr. Carignon.
Ms. Mansouri seconded. Mr. Webb
moved nominations cease and the clerk cast one ballot. Ms. Mansouri seconded. All were in favor. Mr. Carignon thanked the members. Mr. Webb noted the clerk’s duties are
somewhat reduced due to having a recording Secretary.
Letters:
Ch. Mansouri said Mr. Barkley Bull had corresponded with the Board of Selectmen
regarding the bandstand and memorial placement on the Common and had copied the
ZBA and PB. She said because of the
decision the Planning Board made at their 4/10/07 meeting the letters have become
a moot. She asked however, to have the
record show Board receipt of the letters and to keep them within the file of
the current minutes. She said copies can
be made after the meeting. (copy attached)
Sec. Aslinger submitted a letter to the ZBA from the
Board of Selectmen stating their
reasons for disallowing full land use board review of the two projects. The Selectmen did not view the projects as
substantial changes or new uses. She
said the Planning Board based their decision on the letter’s content ie; not to
hold further review. Ms. Mansouri read
the letter aloud. Members requested
copies of the letter. (attached)
Sec. Aslinger submitted a memo indicating the appointed duties of the Board of Selectmen for
2008. Ch. Mansouri read them aloud, members
requested copies. (attached)
Handouts: Sec. Aslinger left copies of
the Zoning Ordinance and Site Plan Review amendments for each of
the members at their places prior to the meeting, noting if anyone needs a complete
copy of either, they are available. 2007
Contact list will be revised with
the new Zoning Board information and made available later in the week.
Ch. Mansouri announced the Annual Spring Planning
and Zoning Conference in
OLD
BUSINESS:
Robert Watson: Ch. Mansouri read the letter
received from Mr. Duncan Watson regarding the placement of his father’s ice
cream sign for the Drewsville Store on his property, Map 25 Lot 12 in the Rural
Ag. zone. The letter gives permission to
erect the sign and was accompanied by a tax map showing the approximate
location of the sign stating the sign conforms to the ordinance, letter was read aloud. Ms. Weber asked for details on the location
since she was not present at the prior meeting.
Ms. Weber asked if there is a diagram of the actual sign. She asked if the Board should contact Mr.
Watson to request the dimensions and a diagram and exact placement of the
sign? Mr. Carignan said the Board did
request the information at the prior meeting but it has not yet been received. Ms. Weber stated the Board needs to know the
dimensions, shape and lettering and the exact location of the sign so it can be
determined if it does conform to the regulations. She offered to write the letter requesting
the information. Mr. Sawyer asked if it
is conforming why would he need to provide the information? Members agreed without seeing the information
they could not determine conformance. Ms.
Weber said proper setbacks and a diagram is usually required. Mr. Calhoun said the placement is a concern; it
might be within utility or town right of ways, he thought the discussed
location may conflict with a utility pole.
Ch. Mansouri assigned Ms. Weber to write a letter to
Mr. Robert Watson asking him to come to the next meeting and give the Board
more information about the sign. Ms.
Weber will draft the letter for Ms. Manouri’s signature. Members agreed.
Alyson’s
Orchard Signage:
Ch. Mansouri said Mr. Sawyer had asked the Board to
determine which existing signage Mr. Jasse has brought before the Board. Sec. Aslinger went back through the Board’s
records from 1980 to present and made a report.
Ch. Mansoui read the report into the record. (on file) The report
outlined Board activity finding only one granted request for a variance for a
sign dated April 1992. The report did
not include any research through zoning or planning minutes for Alyson’s
conforming signs. Ms. Weber said it
occurred to her that no records are kept on conforming signs other than what is
shown in the minutes, perhaps the Board should consider asking persons to fill
out a form that can be kept on file rather than gleaning the information from
re-reading the minutes. Ms. Aslinger
agreed thinking she could simply go to the files and find a “sign” file with
conforming sign information in it, since she could not she then went through
the regular files. She said she was not
sure how much time the Board wanted her to devote to the search so didn’t go
further. Ms. Weber offered to re-read
through the minutes to find the information.
Mr. Carignan and Mr. Calhoun noted Mr. Jasse recently removed some of
the signs
with
only the northern sign remaining and the metal tree and it’s base. Ms. Aslinger said the
Walpole
Zoning Board Minutes April 18, 2007 page 3
northern
sign received the variance, she could not locate within the non-conforming
records any mention of the metal tree/base.
Members did not remember speaking to Mr. Jasse on the metal tree/base
but preferred to look back at the minutes for clarification. Ch. Mansouri asked Mr. Sawyer if he was
satisfied with the report or wanted the Board to continue its study. Mr. Sawyer said the proliferation of signs
caused him to question conformance to the sign ordinance especially since it
involved those who have complained in the past about other person’s signs. He said he couldn’t care less how many signs
a person has on their private property but if the Town has an ordinance it
should be applied to everyone equally.
He suggested the Board write a letter to Mr. Jasse asking him if his
signs are legal. Ms. Weber said she
preferred to check the minutes and report back to the Board, she remembers
seeing some sign references when she reviewed prior minutes for a right to know
inquiry on another matter, she said she didn’t mind re-reading through the
minutes. Mr. Sawyer accepted the Boards
action.
Final
Correspondence:
Ch. Mansouri read the letter into the record from Ralph and Randy Murray for their
approved Change in Non-Conforming Use, 538 Main St. from the Board. (on file)
Ch. Mansouri reviewed the form sent to the State on
behalf of Mr. Abed for his on line car business “Luxury Export and Wholesale”. Ms.
Weber commented on the Board having to make two determinations on granting
permission because the State disallowed their first decision. The Board had granted permission for his
business without allowing him to have at least one car on premises for sale at
his place of business, a State requirement.
His business is located in the MG building on South St. The Board revised the permission granted to
include the one car allowance in addition requested and received permission
from his landlord and approved his state signage requirements. Ch. Mansouri read the form noting it has been
properly sent in. (on file)
Ch. Mansouri reviewed the BOS/State approval for
construction granted to Mervyn Frink
to build on a Class VI Merriam Rd. (on
file)
Gravel pits
- Update:
Ch. Mansouri reported she and Mr. Webb were near
completion on the gravel pit information.
She said there are three categories of information they are reviewing
ie;
Permitted
Operations - 1, Grandfathered Operations - several, Abandoned Excavation -
none. She said all that’s left is to
compare the tax maps and lot numbers.
Mr. Webb said they completed their review of the pits but want to match
the town tax map and lot numbers to make certain they agree. He said the result of their research would be
whether the pits that have been very active have exceeded their grand-fathered
(1991) estimations. He said 16 years
have passed, when the applications were filed they showed an estimate of how
much gravel would be excavated. If they
have exceeded those amounts they are no longer grand-fathered. Ch. Mansouri said they would discuss the
final information once compiled at a future meeting.
Other Old
Business:
Ch. Mansouri asked Mr. Sawyer if the Selectmen had
generated a letter to the Horne’s on Drewsville Center Rd. regarding a tool
shed. Mr. Sawyer said the letter had not
been sent but he would see that it was.
Ch. Mansouri mentioned the letter should ask them to appear before the Zoning
Board.
Minutes Approval 3/21/07: Mr. Webb motioned to approve the minutes as
presented. Mr. Carignan seconded. All were in favor.
OTHER: Sec. Aslinger gave Ch. Mansouri the
Selectmen’s minutes from 4/12/07.
Ms. Weber offered to show the new members the
downstairs office while Sec. Aslinger made copies of requested information.
MEETING
ADJOURNED - 8:15pm
cc: ZBA, PB, BOS, Town Office posted:
Town Hall, Lobby, Burdick’s Market