06/30/1993 ZONING BOARD OF APPEALS Minutes

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3. • noted that the smaller lots could not meet Board of Health requirements. Ms. Lane said Board could determine that separate lot protection applied only to vacant lots and that once a lot is built on the owner cannot expand unless they get a finding that they are not increasing the non -conformity. Mr. Hauck said he is advising owners to leave existing structures on lot until permit is issued. C] • There was discussion on how by-law could be improved and Mr. Hauck suggested that if planned reconstruction did not exceed 208 and it met the earliest zoning then a permit could be issued. Ms. Lane discussed findings on non -conforming expansions that the first would be is it increasing the non -conformity and second is it more detrimental. Mr. Makunas said if most of the neighbors are in favor of a reconstruction can the Board issue a permit. Ms. Lane agreed. Ms. Lane informed the Board that they were not the enforcement agency and Mr. Makunas said that just because Board granted one permit another applicant might not have the same permission. Mr. Makunas asked Ms. Lane about petitioners or abutters calling Board members at their place of business or their homes on Board business. Ms. Lane replied that Board members are not supposed to discuss any matter that comes before them except in a public hearing. Mr. Friel stated that he had told abutters that they had the right to speak. Ms. Lane noted that the Board should not be deciding if Special Permits are required but that this is the responsibility of the Building Inspector. Any resident of the Town can make a request for a determination. Ms. Lane stated that the Board cannot be quoted as requesting any action until there is a vote of the Board. She reviewed the Goldhirsh ruling and said the case said the Board should consider more than the footprint but they did not define "more" but left it to the Boards to determine if there was an increase in non -conformity. Mr. Hauck stated that he -could not give a permit for any exterior work and Ms. Lane some Towns would have the Building Inspector give the permit and see if anyone objects. Mr. Makunas discussed the 4' allowance for egress and said this was not included in the by-laws and Ms. Lane questioned if this should be included. She said that Milton rules exempt bulkheads, stairs, etc. from the setbacks. Mr. Hauck said he was using the foundation for a measuring base., Ms. Lane said she would send some by-law examples from other Towns. Mr. Govoni said he would not change the by-law. Mr. Hauck asked about the trailer park and said there was no plan or permit. Ms. Lane said Mr. Hauck has to decide if any changes are "substantial" increases in the non -conformities.