Planning Board/ Board of Adjustment Public Hearing June 24, 2009 Board Members Present: Nan Schwartz, Ray Clarke, Jim Crandal

Planning Board/ Board of Adjustment

Public Hearing

June 24, 2009

Board Members Present: Nan Schwartz, Ray Clarke, Jim Crandall, Ken Eastman, Jim Bissonnette, Larry L'Hommedieu, Bob Hofstetter, Steve Hanssen, Tom Marshall, Dennis Kelly, Jack Sheehy

Board Members Absent:

Minutes taken by: Michelle Dagesse

Meeting called to order: 7:00PM

Public in attendance: Carol Andrews, Tom Burt, Tom Dombrowski, Carolyn and Jim Russell, Steve Williams, Russ and Kim Boland and Kathryn Bartlett

The Board of Adjustment opened the meeting and advised that they would hear the Thayer and Williams cases first.

Hanssen motioned that Ray Clark and Bob Hofstetter sit on the Board. L'Hommedieu seconded all voted in favor.

Bissonnette asked for Mr. Williams to present his case to the Board.

Steve Williams: TM#14-460, 65 Huntley Mountain Road; Explained his equitable waiver request to the Board. He would like to remove the existing deck that was constructed without a building permit and construct a three-season porch. Hofstetter asked when the house was built. Williams said in the 1980's. Hofstetter asked when the deck was constructed. Williams said that the previous owner had constructed it six years ago. L'Hommedieu stated that the porch would only be as wide as the current home 8 x 20 feet. Williams said yes.

Bissonnette asked for any abutter comments. There being none he moved to review the application with the Board.

Hanssen motioned to approve the request for the application as presented. L'Hommedieu seconded the motion. All voted in favor.

Bissonnette asked Mr. Thayer to present his case to the Board.

Ed Thayer: TM#09-019, 2528 East Washington Road, read a statement to the Board for his request to construct a compost shed. He advised the Board to help with potential runoff issues the proposed site would be more suitable and that this location would also be further from the water. Hanssen asked Thayer about the ongoing neighborhood work regarding the Mill Pond Watershed. Thayer explained the process that the East Washington area had gone through. Thayer said that he thought that the proposed site for the compost shed would be an effort to continue with the management of composting management.

Bissonnette asked if there were any abutter comments. There being none he moved to review the application with the Board.

Hofstetter motioned to accept the variance request as presented. Hanssen seconded the motion. All voted in favor.

Jack Sheehy, Chair of the Planning Board, opened the LAE/Weintraub portion of the Public Hearing. Sheehy explained that this process is not usual but in an effort to accommodate the unusual circumstances the two Boards agreed to meet to hear a variance request along with a minor subdivision request. Sheehy turned the hearing to the Board of Adjustment Chairman; Jim Bissonnette stated that the site was not staked properly and that the Board of Adjustment cannot accept the application as complete. Steve Boucher stated that he was not aware that the site must be staked for the Board of Adjustment to review the request. Hanssen said that his concern is with the process and the awkwardness of the process because of the lack of the site plan. Steve Boucher said that he has gone to the Planning Board on several occasions prior to this meeting. Bissonnette asked if a building permit application was applied for before the Selectmen. Boucher said yes. Bissonnette said that with a building permit application you must stake off the building site as part of the application. Eastman said that he felt that the property is all wetlands. Boucher asked what else must be done before they return. Eastman suggested that a soil scientist take a look at the property. Boucher said that their surveyor is certified to determine the wetlands. Sheehy said that we tried to change the procedures to accommodate the requests because of other concerns such ask oil, lubricants, calcium chloride and equipment. Sheehy stated that after looking at the property many more concerns arose and the Board would have to do a site plan. Schwartz asked Boucher if LAE is a business. Boucher said yes. Schwartz said that if it is a business the setbacks are 75 feet. Marshall said that he would like to see a specialist stamp on the plan in regards to his wetland concerns. Boucher said that the proposal is to make a situation better. Marshall said that when he looked at the current garage site, he felt, that he would much rather contain an environmental spill at the current location. Boucher said that the present location is closer to the lake. Marshall said that he understands, but he would have more concern with the vernal pools and the wetlands in a spill situation. These areas also would contaminate the lake and be a much larger area to contain. Eastman agreed with Marhsall's statements. Eastman asked if DES is requesting that LAE move the current garage. Boucher said no, but this garage could not be built at its present location now. Schwartz asked if the proposed site is not part of LAE. Boucher said that it is not. Marshall asked if an oil change is done on the site. Boucher said that most of the major maintenance is taken off site. Marshall asked what was the proposal for the current site. Boucher said that it would probably be turned back to a green space. Schwartz asked if there was another site that would be more suitable. Boucher said that LAE has looked at other sites but have not had any luck. Boucher said that the property will be staked out. L'Hommedieu asked if a variance is transferable and asked about the building permit process. Eastman said that yes the variance is transferable. Schwartz asked about the proposed driveway and parking areas; suggesting that could be problematic because it comes within 15 feet of the wetlands. Schwartz said that we do have a storm water ordinance that would have to be shown on the site map. Marshall said that the material needs to be shown where the storage would be on the site. Sheehy said that we would like to have LAE go before the Planning Board and address the site plan issues first.

Kathryn Bartlett, an abutter, said that she is opposed to the request. She said her concern is with a potential spill near wetlands.

Carol Andrews, Chair of the Conservation Commission, said their concern was with a building of this size affecting abutting properties and had a prepared document she left with the Planning Board for the record.

Russell Boland, an abutter, questioned if he would be notified of future site walks and future meetings. The Board advised that he would be contacted and the secretary requested Boland's email to place him on the Selectmen's Minutes distribution list. Boland advised the Board that he had purchased the land below the property, in hopes to someday build, and was told he could not build because the land was wet.

Carolyn Russell, as a member of the Board of LAE, addressed the concerns of the LAE Board with more full-time residents who need to get to work and school and limited land possibilities we are trying to make the best of the situation. This issue has been before our Board for five years now and we are trying to be proactive.

Hanssen motioned that the Board of Adjustment table the variance request in order for the Planning Board to complete a site plan review. L'Hommedieu seconded the motion. All voted in favor.

The meeting was adjourned at 7:51PM

Respectfully submitted,

Michelle Dagesse

Executive Administrator

Town of Washington.