Meeting transcript

ZBA Special Meeting & Public Hearing

April 23, 2020 · Watch on YouTube · All meetings


0:00
For zoning board of appeals, 04/23/2020. Our first virtual Zoom meeting for the board. But first, so role members, have myself, Karen Osborne, Dennis Williams, Bill DeRozier, Walt Weir, Jerry Crem is being seated as the alternate. Does everybody have a copy of the agenda? Yes.
0:41
Any additions or changes to the agenda? No? Okay. Public participation. So this is, this is not necessarily related to the the hearing, just if there's any other something that anyone has to wants to talk about. No? Okay. So I'm going to open the hearing for ZBA application twenty dash o one of Richard and Corey Schramm. Is that correct? Did I pronounce it right? 61 Times Pound Road. Applicant is seeking relief from Section 11.2 of the Andover Zoning Regulations. More particularly, the applicant is seeking a reduction in the rear yard setback of 20 feet from 50 feet to 30 feet so as to allow for the construction of a swimming pool. Rick or Corey, do you have anything to say? Not at the present moment. No.
1:52
Who is this? 88607420316. Who's that? That's Kathleen Skorka. Oh, hi, Kathleen. Okay. Hi. Alright. So you have do you wanna speak to the application, why you're applying, and what your hardship is? Yeah. So
2:21
we we've been working with Sabrina Pools to to map out an area where we can put in an in ground swimming pool. And based off of the setting of our our home, where the leach fields are, the the area that we are able to do it away from the septic and away in the within the proper zoning for the well, it it unfortunately, it impedes the back lot, and it has to push back that 50 foot parameter back to the 30 foot. So we're looking to do 16 foot by 32 foot in ground pool, and that's really the only location that we're able to to put it into our yard.
3:03
Okay. And did you get, did you notify your neighbors?
3:08
Yes. We did. Yep. We have four neighbors. They've all been notified.
3:12
And do you do you have the did you get those receipts
3:18
to We were informed that because of due to certain situations through Jonathan who is from Sabrina Pools, that certified mail is not required. So we hand delivered all of them, and we had conversations with all of our neighbors.
3:33
Don't we need the certified queen don't we need the certified mail showing This that is Jim Halsey. There was an executive order,
3:41
out of the governor's office pending And, to land use the applicant is, is and I did receive a, an email from Jonathan, who's from Sabrina Pool with a list of the abutters that were provided with copies, and Okay. I in fact notified Lieutenant Commentary because of the proximity of the property on home, town line. Okay.
4:08
I just wanted to touch if I could, Jim Halsey again. I had received this application back on on 03/09 or thereabouts as this is dated, and I had a conversation with Jonathan, not the property owner. And we discussed a couple of things, and he resubmitted an application I never got. Unfortunately, given the current situation, revised application was currently put in the plastic box outside the town hall and never really surfaced. So there's not really any substantial changes. It's just I had asked that he he revised he's actually or the applicant seeking relief from eleven two of the regulation, which is all the setback requirements. And I believe it was inadvertently listed as eleven three. And I also asked Andy expand a little bit more on the on the hardship. You know, unfortunately, I assumed he would be here this evening and don't know whether he conveyed that to brick and mortar or not.
5:23
No. As far as, like, the additional hardship, nothing was conveyed to us.
5:30
Is the hardship because of, like you said, the the septic? That there was no Yeah. There's there's specific parameters.
5:40
So distance from the septic, distance from the leach field, distance from the well. So it's kinda we're surrounded on all sides because of the the layout of the property.
5:52
So I'm looking at this picture that was with the application. So I see the well is to the back right of the house. Yep. And the septic is to the left
6:07
front of the house. Is that correct? It's it's to the left center of the house, and the leaf field extends both left and right and then downslope.
6:20
Okay. Any members have any questions for Rick and Corey?
6:31
This is Bill DeRogers. So I'm just not clear if anybody can answer for me. I understand that the neighbors have all been notified, but I guess my only question is it would appear to me that the only neighbor that would have any reason to object would be the neighbor in the back. I'm not sure if that's 50 9 Times Farm. The name on the plot plan here shows Byron is the name. And so because you're impeding on that back line, I guess my only question is have they had any objection? Are they okay with you guys applying for this and and, you know, rolling back the I'll talk. Section 11 dot three or something like that too requiring 50 feet. Is is it okay with the neighbor and if they don't if they have any objections or not? Yeah. They the the last name the family name is now Carol. They so it's Amanda and Joseph Carol.
7:35
And we actually we've had lengthy discussions with them. They're absolutely fine. They're similar to us. They're a young couple, two kids, a third on the way. We have three kids. We've actually in the fence that, you know, is behind our house and to their property, we've built a gate to go back and forth because, you know, they have absolutely no protection. They're they're actually quite looking forward to it if it's approved, especially with the third one due in June to bring the other two little girls over. So Great. Okay. Thank you.
8:09
You're welcome. Hi. This is Dennis Williams. I have a question. So with respect to fencing, is the property already fenced so there won't be any additional fencing around the pool?
8:20
There's just a wire fence that divides our property, but we are planning to do fencing around the immediate perimeter of the pool. Yes. Right. Okay. Sabrina
8:31
Pools is also as part of the project, they will put in a, required by permits and by law, they have they have put a fencing in until we
8:42
have an incident. We have a fence installed that that is to our liking. Right.
8:51
Jim, I have a question. As part of the changes for my executive order, it's been noted that there were no stakes where the pool is going to be in the backyard. Is that something we have to be concerned about?
9:05
No, apparently that must, you know, I had gotten a message from Walter. Apparently that is strictly something that's, that I mean mission request, I wasn't aware. It's not required by any means. Okay. Good idea. I thought it was a good idea to to to moving forward to to require states to be set out there so that whoever wrote their idea seemed like whoever came up with it. Thought it was a good idea. Well, it is in the it's actually one of the items in the application.
9:39
The subject is to the structure requiring the variance must be staked thirteen days prior to the meeting. I guess I missed that. I apologize.
9:51
We don't have the stakes, but the last time that Jonathan came out from Sabrina, he did just outline it with paint as to what it would look like. But we don't have the stakes.
10:06
It's an an isn't an outline just as good as the stakes? I mean, that's really what they want. Yeah. I mean, that's what stakes do, give you the outline. No? Right. Yeah. So.
10:15
Okay. Does anybody else have any questions for the homeowners? What happened? Who's sharing their screen?
10:33
Amanda, I'm sharing the screen in case anyone needs to see it.
10:37
Oh, thanks, Amanda. So does anybody else have any questions for the SRAMs? All set. I don't have any questions. No questions. No questions.
10:59
Okay. Then I'm going to close the public hearing, and we'll take up action on the item of new business, which is the application of Richard and Corey Schramm, 61 Times Farm Road. Applicant is seeking relief from section 11.2 of the Andover Zoning Regulations. More particularly, the applicant is seeking a reduction in the rear yard setback of 20 feet from 50 feet to 30 feet so as to allow for the construction of a swimming pool. Any discussion by the members? Okay. Would somebody like to make a motion to approve the variance? I make a motion to approve it. I'll second it. Bill DeRoziers.
11:58
Okay. All in favor? Oh, let's just say any opposed? No? Okay. So it was unanimously accepted and approved. Thank you.
12:18
Karen, this is Linda. As a point of order, since we're on this virtual site, all of the approvals have to be by roll call, and they have to state their names and their vote.
12:29
Oh, okay. Thank you, Linda. All right. Roll call. Bill. Bill DeRoziers, I approve. Walt Lasser, I approve. Kathleen? I approve. Dennis? Dennis Williams, I approve. Jerry? Jerry Cremay, I approve. Karen Osborne, I approve. Very good. Okay. Thank you. Congratulations, good luck. Happy swimming.
13:06
Thank you. We appreciate it. Very well done for your Zoom meeting, virtual. Good luck. Stay healthy. Bye bye.
13:14
The commission, we're still we haven't closed the we haven't adjourned the meeting of the commission yet so everyone else please stay on okay thank you thank you good luck thank you appreciate it bye do we have anything to discuss as a commission at this point? And, Jim, do you have any report for us?
13:41
No pending applications at this time. It's been a plurry of activity, but I'm not aware of any any applications in the near future.
13:53
Okay. Because we don't we don't meet if we don't have an application unless the planning and zoning approves any changes to the zoning regulations and then we'd meet to review them.
14:13
And this is Dennis Williams. You get my email, Karen, on my resignation that I'm going to be submitting? Because you're moving. Yeah,
14:26
I'm going be moving. So on fivetwenty nine, May twenty ninth. Okay. And I submitted an email to the town clerk to just let them know. And so let you know and let let the folks here know that we'll be we'll be moving. So I just wanted to to let everybody know.
14:50
I'd be curious to find out how you get to move during the coronavirus pandemic.
14:55
Hey. Sell selling the house and buying a house has been an interesting experience. So Well, good luck. Good luck. Yeah.
15:06
Okay. We have approval. Did everybody get a copy of the minutes of the October 16 meeting? Yes. I did. Yeah. Okay.
15:18
Any any discussion or changes to the minutes? Okay. Would somebody like to put to a motion to approve the minutes? I approve the well, we're approved the minutes. I'll second it. Motion.
15:38
Okay, Jerry second. Okay, do we take a roll call for approval? Dennis? I approve. I Bill? I can't vote. I wasn't there. Oh, okay.
15:56
Walt? Sorry about that. Yeah, I approve. Kathleen? I wasn't there. Okay. It says oh, absent. Okay, Jerry? I approve. Okay and I was there I approve. Okay anything else before the Commission that somebody wants to discuss? Great. And I think this is an all time record. Yep.
16:28
It's all time. I'm adjourning the meeting of the Andover Zoning Board of Appeals at 07:18PM.
16:36
Nice job, Karen. Thank you, Karen. Yep. Nice job, Karen. Thank
ZBA Special Meeting & Public Hearing
April 23, 2020 at