10/23/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - October 23, 1996 2. Board has to follow the Zoning By-laws and mentioned that Town Meeting on October 6 had revised the by-laws recently. He asked if there were any objections to this sign and there were none. Mr. Nelson asked if this permit was being granted under the old By-law and Mr. Govoni confirmed that it was. Ms. Hawver moved to grant the Special Permit to allow the one sign of 28 square feet to be attached to the building and that the Design Review Committee review any lighting plans for the sign, Mr. Regan seconded. All agreed. Robert E. and Helen E. Ramsey - Request a Variance from Section 174-21 for property located in an R-3 zoning district at 17 Whippoorwill Circle (Map 125, Block 167) and a Variance from Section 174-31 for permission to vary the lot size and frontage on property located in an R-3 zoning district at 21 Whippoorwill Circle (Map 125, Block 166) to allow construction of a single family house. Members sitting: E. Govoni, I Regan, C. Hawver Attorney Michael Dunning represented the applicant and explained that the Ramseys own two separate adjoining lots. One lot was purchased in 1976 and has their primary residence on it. He explained that the other lot was purchased in 1981 and is a vacant lot. He said each lot has a separate title and they have been taxed as separate lots. He said Lot 102, the vacant lot, was purchased for income in retirement and contains 13,485 sf and 115' of frontage and was a valzd building lot when purchased and is consistent with all of the lots in the subdivision. Mr. Dunning reviewed Chapter 40A, Section 6 and the provision that an undeveloped lot which is not adjacent to other undeveloped lots is protected from zoning changes. He cited the case of Willard v. Orleans and said this application was consistent with this case. He said the area now has a public water supply. Mr. Dunning said the land has not been owned with adjacent undeveloped lots and the hardship arises from the circumstances of the lot. He said his partner, Attorney Kirrane, also asked for a Variance for the lot with the house on it. Ms. Hawver asked when the house was built on Lot 101 and Mr. Dunning replied that he did not know but that it was built before the second lot was purchased. Mr. Dorgan asked if abutters had public water and how a septic system could be installed. Mr. Dunning said the owners would have to comply with Board of Health requirements in order to have a septic system. Mr. Nelson questioned the flood plain elevations of the area. Mr. Govoni asked when zoning changed on this lot and Mr. Hauck said it changed in 1980 and was protected because it was in separate ownership when it became non-conforming. There was discussion on whether the second lot (Lot 102) needed a variance and the Board determined it was not necessary. Mr. Dorgan asked about distance between well and septic system and Mr. Hauck said the Board of Health required 150 feet. There was discussion of Chapter 40A Section 6 and if a variance was necessary. No comments were received from abutters. Ms. Hawver said that the new Board of Health laws were much stricter than other lots in the area. Mr. Govoni moved to grant a Variance for the lot at Map 125, Block 166 only and that the applicant does not need a Variance for Map 125, Block 167. The Variance is