BOA Site Walk 7-15-06

APPROVED

TOWN OF PELHAM

ZONING BOARD OF ADJUSTMENT SITE WALK

FIGUEROA, Edith & Felix, Map 4, Lot 9-142-1, 138 Windham Road<= /st1:address>, Case #2350

Saturday, July 15, 2006

The Chairman, Mr. Peter McNamara, called the meeting to order at approx. 8:35 am.

PRESENT:

BOA members:

Peter McNamara, David Hen= nessey, Svetlana Paliy, Alternate Bob Haverty

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Others present:

Wes Aspinwall, Engineer, Edith Figueroa, Property Ow= ners & Albert Choquette.

&nbs= p; Mr. Aspinwall had staked the outer dimensions of the proposed addition, and described those to the Board. The front corner of the addition encroa= ches approximately five feet into the side setback, thus the Variance request.&n= bsp; Mr. Hennessey complemented the applicant on respecting the WCD boundary vis= a vis placement of the pool and retention of brush and trees in the backyard. He questioned the location of the proposed septic system, a= nd was concerned that it would be too close to the WCD and/or the 100 year flo= od plain. Mr. Aspinwall stated that he would show the leach field locati= on (and the pool?) on a plan at the August meeting.

&nbs= p; Mr. Choquette stated that this was the fourth variance request filed, and s= aid it seemed as if every time the property changed hands, a variance was forthcoming. He was opposed to it, and questioned if there was another way to build the addition without the encroachment, such as adding to the garage, which is located on the opposite side of the property. Mrs. Figueroa responded that such an addition had been considered, but it would = have cost much more and required more permits, etc.

&nbs= p; Mr. Hennessey thought that a pre-fabricated shed had been placed on the property line. Mrs. Figueroa said that at the time she and her husband purchased the property, in August, 2002, the shed was there. Mr. Hennessey also was concerned that there should have been a reference to a no-cut zone in the deed, and signs posted in the back yard to that effect. He read from Planning Board minutes of March 3, 1999 meeting, during which Mr. Peter Zhodi agreed to post such signs and reference the no= -cut zone in the deed. Mr. Aspinwall replied that such language is in the approved subdivision plan, and that the deed references that plan. He= did not know if the signs had ever been placed, or had been placed and removed.=

&nbs= p; There was further discussion regarding placement of the addition. &nbs= p; Mr. Hennessey thought that an expansion of the garage would create more problems than it solved, although he recognized that it would be better for= Mr. Choquette, whom he urged to come to the next meeting and voice his concerns. The Site Walk ended at approximately 8:55AM.

Respectfully submitted,

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Peter McNamara

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Chairman

= F:\Minutes\Board of Adjustment\2006\BOA Site Walk 7-15-06.DOC