Meeting transcript
Zoning Board of Appeals - Public Hearing & Regular Meeting
January 19, 2022 · Watch on YouTube · All meetings
Thank you. From Shawshank Kammat, is that pronounced right? Shashank Kammat. Kammat, thank you. So this is an application. I'll just read it out here for 12 Brown Drive. The applicant seeking relief from Section 11.2 of the Andover in order to construct a garden shed in accordance with the plan provided on file the Innerwood Building and Land Use Office. Particularly, the applicant is seeking a reduction in the front yard setback from 50 feet to 38 feet and from the side yard setback from 25 feet to eight feet. So at this point, if anybody would like to make comments from the application, I guess the applicant first, if you have anything that you would like to add To the application or to say to the board.
I've submitted all the necessary paperwork, including the plot plan and everything. You know, the hardship here is to locate the shed anywhere is virtually impossible because of either the reserve septic area that was approved by the Eastern Health District, as well as my lot gets narrower as you go towards the back. And also in the back, I have the well on one side and the septic tank on the other side. So both of those have to be maintained clear from any structure, so. I see. Are
you planning to put this shed on piers? Are you actually going to dig piers or is it be sitting It will be on a gravel bed as
suggested or by the carefree small building shed company in Colchester. And they basically said that they would prefer just a four inch gravel bed with a timber frame around it on just sitting on the ground.
Mr. Hallisey, can you answer a question for me concerning setback from either the well or from the the backup leach field?
There setbacks involved here? Okay, I believe for size there are none. Sheds used to be frost protected, meaning they would be on piers that extend 42 inches below grade. And that's no longer the case up to a certain size. And I believe that this particular shed falls under that size, meaning that you're no longer digging holes in the ground. Right. Most sheds are now built off-site and dropped off on a gravel bed. So they have no frost protection. Hence, there is no setback requirement because chance can be moved, really. That's correct. I'm not suggesting that it wouldn't be a concern of mine. I'm just trying to answer the question that the setback is not a requirement
per se. So if Mr. Brown had to, he I'm sorry, Mr. Brown. Khamat had to, he could locate the shed in the backyard if necessary.
Based on that criteria, yes. I mean, that is not a that doesn't prevent it, the health code.
Okay do any other board members have any questions for Mr. Kommatt?
I want. So your requirement going down to eight feet. What does the neighbor have to say about that? That's what I was asking to neighbors
have not have any objections. All my neighbors are okay with it. I've spoken to them. And as a matter of fact, my neighbors have sheds right on the property line. But that's beside it's all right. That was grandfathered at this point. But anyway, no, the neighbors are all in good terms with it. Okay, thank you.
Other questions? I want to point one thing out, if I may. I ran the legal notice indicates it's a 10 by 20 shed. And I think on the site plan it's actually 12.
Yeah, we were questioning that the other day. Is it 12 or 10? I don't know whether it changed, but it was just simply a mistake on my part. I think it's a mistake on your part. Okay.
So what size is it then? Is it 12 or 10 by 20? 12. 12 by 20? Yeah. Okay. My error. Okay.
Thank you. Other questions from the board? Also mister Kama, I went into the town hall to look at your lot and got the picture of your your the plot. And I noticed that you also own the property right next door. You actually have two lots of approximately the same size. Is that correct? That's correct.
And we're possibly considering selling the lot because, you know, possibly pay for the shed too. But, you know, that's not something that's decided upon yet, but, you know, I and would like to also this even though it's just between my wife and I, you know, basically my wife paid for it. Should something happen, she would like to have exclusive right to that property.
But right now it is in your name, that piece of property right next door. Yes. And you own it. And so if you wanted to, you could feasibly
I could, yes. Locate the shed on that property next door. Yes. And you know, there is some wetland issues and all that on that property. So it would be difficult to put a gravel bed there, as well as also in the back of the property, there is a slope. So it would be also difficult to put the shed towards the back because of the slope, so we couldn't really construct a a level gravel bed without a lot of construction or a lot of fill brought in or something to to level the ground. I see.
Now is that officially designated wetlands or you're just saying in general it's wet? It's generally wet there. I mean, when I mow the lot, you know, I've had many a times where I've had to get out of the lawnmower and and have to push it out of the the ruts. And so that's and the other thing I wanted to say is that where I'm proposing, there is we've been I've been parking our car and the folks who own my property used to park there. And so that ground is nice and hard and, you know, so I can easily get in and out of that right where the, you know, the front of the shed. So that seems like the most natural spot to have it there. Okay.
Very good. So the next thing, well, are there other questions from the board? No. Quiet bunch tonight. Well,
think one question. How how high is that shed? Is it is it two stories? Or is Oh, no. No. It's just a single story shed.
You know? Oh. Typical. I I don't know if you guys are familiar with carefree small buildings. They basically make sheds that are sold all over this, you know, this area from Colchester all the way to Hebron. Yeah, it's just a typical shed with a, you know, gable roof. Gotcha. Thank
you. Yeah. Well made and really nicely made. This is not your Home Depot or Lowe's job. They make a nice building.
Yeah, they do. Okay. Is that all we have for discussion?
I guess on this issue. In other words, we have to be presented with some more paperwork or something. Correct?
Well, there's a vote on it or something. It was no. There's about to be a vote because I believe there was an issue, Jim. When I spoke to you before the meeting, the notice was not duly put in place and time. In other words, it didn't meet the ten day requirement. Is that right? Okay.
Just to be clear, the public notice was duly noticed, meaning the legal notice in the paper, it was assigned on the property, the post And meeting by the the staking, Yeah.
The staking is listed in the application, but it's not in the regulations, but the posting of the sign is. And I believe the owner missed it by a few days. I was out there last Thursday and it wasn't. And I believe I got litigation from Kamaa
I had put there, but it was a windy day and my sign flew out and ended up in my neighbor's chicken coop. And so that and then the next day there was a snow, know, lots of snow. So anyway, I did put the sign up on on both the Fridays as was requested.
Okay. Well, I don't know if that covers it because of snow or wind. Jim, do you have an opinion on that? Was terrible the night before.
Yeah. I have to be honest, my opinion is to on-site of caution. You might want to consider just continuing the meeting until next month so that that is not an issue. I see that would be my general thought too.
Tried to get an opinion on the matter from someone else and I didn't, but it's come up in the past and that's generally been the way to go. The safe road.
Okay, so Mr. Kamat if you could repost that sign and make sure that it stays up that way there everybody has obviously the full time to see it and read it. And then what we'll do is we will continue this hearing until or this application till next month's meeting. I know it's February. Do you know what date that is By any chance, Jim or Abby, do you happen to know? I know I submitted the dates for the year, but I can't remember where that falls. It would be the is it the second week of the month on a Wednesday? Is that correct? Or the third? Third Wednesday. Third Wednesday. I'm
not aware of any holidays. Mean, there is a President's Day somewhere in February, but I don't
I have the regular meeting schedule. The third Wednesday is on the sixteenth, which is the week before President's Day. So that shouldn't be an issue if it's the sixteenth.
Okay, so we will continue this then to the February 16, rightly planned ZBA
meeting. If I may make a plea, the folks at Carefree, we already, know, they've built the shed and they're ready to deliver. So, you know, they're just chomping at the bit to, you know, get the shed over here. So it just kinda makes it that much difficult for us, you know, and I wanted to, I've been I filed the application in time. And yes, the sign was put up ten days ahead of And so I'd like to you guys to reconsider that
decision. Now what Because It it was windy as could be the night before the storm. I know that because I was out, and it it was horrendous. Okay. It it was it was worse than when it was three degrees. It was probably 20 that night, but I was over in, AM, Gillette working, and it was terrible.
Again, Jim, I don't know if we have the without proper notice posted. Do we have the ability to move forward or is this something that we should again table or continue until the sixteenth? I don't know myself.
Okay, again, mean, I appreciate. Josh's situation, but I mean, in my position, I have to say the best, I would strongly recommend continuing hearing.
I'm going to go have with your recommendation Jim because you obviously are a lot more familiar with these terms, with these regulations. So I realize that is a hardship for you Mr. Kamat, but I just to do things right to do things newly by code regulations. Do think it's the responsibility of this board to continue it until the sixteenth. Just so that it is duly posted on the site. Would get that sign up again and have it out there and I apologize but I just I don't think I have the jurisdiction to be able to say oh well we're just going to let you know these regulations.
But do. But just to let you know, I did go on the zoning site and read when the sign had to be posted and it was posted literally the night before the date. So yes, the sign was there And it was there the whole Friday, ten days before this meeting through the snowstorm and everything. And my neighbors have all read the sign and they're all aware of it. You know, the Hoisingtons, the Eckerts. And so I, you know, I don't see why why it is such an issue now. You know?
Again, the sign is supposed to be up for ten days. That's all I can say. It's supposed be up for ten days. Wasn't. I gotta be honest with you, I drove by your property when I was noticing the sign was not up. I looked for the sign. Didn't see So, the I myself didn't see the sign when I drove by the property. So again, I just have to go by regulations. The sign has to stay up for ten days. Know it's a bit of a hardship for you to have to hold them off but again that is the regulations,
and I think we have is that I have to pay for the the the storage of the shed there, you know, that's why, and it's costing us money. So okay. I I guess that's the decision, you know. Wish I would reconsider because it's really, you know, just a matter of, you know, yay or nay at this point, you know? So.
Again, just have to go by the regulations. I apologize for that. So we will see you again on February 16. Okay.
Very good. Thank you, Mr. Kamat. Thank you. All right. So, we will adjourn the public hearing portion of the meeting. You are more than welcome to stay on for any additional or you can go ahead and just Okay. I'll take leave. Okay, thank you very much. All have a good evening.
Yep. Thank you. Commissioner DeRosier, when you say during the meeting
Well, I say, turn the open public hearing part, now we should go into the regular meeting at No, this
I'm saying you should continue the public hearing. That should be the language in the minutes. Okay. To continue public hearing as opposed to closing.
Oh, I see what you're saying. Continue until the February 15. So it's not closing yet, it's continuing yet. Sixteen. Thank you. Did you get that, Abby? Thank you. Thank you very much. Great.
So now we can move to the regular meeting. I would like to call the meeting to order. And again, I don't know if anybody else has joined the call since we started off Kathy has joined. We have same amount of people. Everybody's names Abby? Great. Thank you very much. I will go ahead and call the meeting to order. We did the roll call already we have that we don't have any alternates that we're seeding. Right now, are there any additions or changes to the agenda. I'll take that as a no. Public participation comments about that agenda says there is no addition so it's hard to do. New business. I would like to propose that we have a special meeting of the zoning board of appeals because we have a number of new members including Dave Gustanian and Elo. And I'm not sure but Bill Monroe, I don't think you were there when I first joined the Zoning Board of Appeals and at that time we had the ability to hear from our old or past member of the zoning board or I'm sorry from John. Jim what was John's last name John Valente Valente thank you. Who is in your role Jim is that correct as he was zoning agent he was also the wetlands agent and the wetlands agent so he kind of filled in the board because there was a lot of new people on the board at the time and kind of gave us instruction on how we should look at these meetings, these applications for appeal and we also I believe had a land use lawyer that joined us too and they just kind of gave us some overview and insight into the function of this board
and because we have three new members right now on the board I think it would be good just to get together with Jim and zoning agent what was his name Jed
Larson, Jim? Jed Larson, chairman of the plain zoning commission.
And between the two of you I thought it would be helpful maybe to you know just give some insight into the function of this board how we should consider applications for appeal. You know what's expected of the board and how we should conduct ourselves you know during these applications and so it was my hope that we could have a special meeting maybe two weeks from now that we can get out the application and give notice to have this meeting and actually I don't know if we even have to do we have to do that to have a special meeting Jim just between the board members when we're not hearing?
No, it would be a public meeting. It would be a special meeting as defined by the Freedom of Information Act, which just basically means you can't add anything to the agenda. And there may be different posting requirements. Nonetheless, it's a relatively simple process. Is a public meeting and it needs to be posted in accordance with. Yeah, it's definitely a public meeting. So meeting simply that anybody you know will be on the town's website. Anybody who wishes to join can.
Okay, great. Is there any possibility and I don't know what's going on right now with the town to meet in person at the town hall or is that not possible right now due to COVID? I don't know.
Just thought it might be a more comfortable easier to meet, ask questions, review documents, things of that nature together as we did the last time a couple years ago.
As you know this is a very dynamic situation. Its rules change day to day. I don't know what the policy is today. Okay, what do I know what it will be like in two weeks?
Exactly. Should I check with our town administrator to see what's going on there, Jim? Maybe I should check with? Yeah, that'd be fine. That'd fine. Mr. Anderson If I get the notice out,
you know, a week ahead of time, then people will know one way or the other. Great. And would be on I'll send an agenda out, you know, a Post it. They'll send the agenda out, and the location will be on there. Or the fact that it's virtual will be on there. Okay.
What I'll do is, well, let me ask the rest of the board. Would the rest of the board be willing to meet in person at the town hall if we can secure the meeting room or would everybody prefer to stay Zoom? I'm sorry was that Walt? Yes.
Were saying? Face to face for the new people and more beneficial for them I think. Right, thank you. Maybe I can hear from Elo.
I would prefer in person meeting. In person? I've had three injections already so I have reasonable say. Good, good. Bill?
I'll be fine with an in person meeting. Okay, great.
I think that's everybody right? All right great. I'll talk to Eric Anderson tomorrow. I'll give him a call and I'll get back to you Jim once I know whether or not we'll be able to use the meeting room at the town hall. If not, we'll just have to have a zoom but I think it would be beneficial to have some of the codes and regulations in front of people. Know make up some copies and hand them out so that we can all look at different things. So we have a better handle on just what the regulations are and what our responsibilities are as the zoning board of appeals.
So we'll get that notice. Yes, Jim. Yeah, I'd be happy to send out a packet prior to the meeting for people to preview.
Thank you. I appreciate that, Jim. That's excellent. Perfect. So Jim, you'll take care of getting the notice posted. I'll let you know by tomorrow whether or not we can use the room or if it'll be Zoom. And one way or another, we'll make sure everybody has that packet from Jim. So right now, two weeks from today would be what let me get my calendar up here if we could do it on let's see calendar two weeks from today would be Wednesday February 2. How does that sound to everybody? Is
Brownhawks day? I don't know. Is that a national holiday? I thought it was maybe I'm running.
I don't think so. Okay, so we will go for February 2 Abby and okay so that's our special meeting and Jim will take care of getting that posted and getting that public out. Is there any other new business? Okay. Did everybody get a copy of the minutes from our October meeting? Hello?
No, I didn't receive it yet, but if you post it, I can create on a computer.
Okay. Well, actually, you wouldn't be able to vote on them anyways, right? Because you weren't there. So It would be Bill, myself, and Walt. Is that enough to vote on passing the approval of the minutes, Jim? Yes. It is. Okay, so between myself I know I have read and reviewed the minutes from October. They look fine to me. Abby does a great job. So, have you had a chance to review them and are you okay as they are submitted? I am. I'm okay. Thank you very much. And Walter, are you okay with the minutes as they were submitted from the October meeting? Thank you very much. So, we'll take that as they are approved. I believe that is all we have. Anything else from you, Jim? No.
Anybody else on the board? Do I hear a motion to adjourn? Yes, I make a motion to adjourn. Thank you, Walter. Do I hear Yes. The There's two sets of minutes on the agenda.
You know what? I saw that set from January, I think it was, and I was wondering why they were on here.
Reason being is they weren't voted upon. Probably the reason is it was not on the agenda. It was probably left off the agenda. Actually, kind of researched that. So it just wasn't on the agenda, hence wasn't voted on. So it's here. Okay. That's why. Okay. It just was zero.
And again, I did look those over, but it was hard to remember exactly, what was discussed and exactly but they looked perfectly good to me from my memory. I don't know Bill if you had a chance to review
those as well from February. I did and it didn't seem to be anything wrong with February either. Thank you very much and Walt. Same.
Very good though. So, we're all good with the minutes from February as well. So, both the October and the February minutes are approved as submitted. Thank you, Jim. Okay, at this point, do we have a motion to adjourn? I think we already had one from Walter. Is there a second? A second. Thank you, Bill. All in favor? Aye. Thank you, Yolo. And Walter I believe you said you submitted it so it's an eye for you as well. Well thank you everybody. Thank you Abby for helping us out tonight and Jim for your extra help and we see everybody on February 2 hopefully at the town hall, if not via Zoom. Thank you everybody.
Thank you. Have a good night everyone. Bye bye. Have a good night.