Pepperell, Massachusetts 01463
Fax: (978) 433-0335
Zoning Board of Appeals Meeting Minutes of March 27, 2007
PRESENT: Thomas McGrath, Christine Morrissey, Sherrill Rosoff, Annette McLean, Mark Walsh; and Cheryl Lutcza (ZBA Assistant). Also present, is Town Counsel, Ned Richardson
6:50 P.M. Thomas McGrath, Chairman, convened the meeting at the Pepperell Senior Center. Also present, were Christine Morrissey, Cheryl Lutcza and Ed Wirtannen. Chairman announced that the meeting would immediately recess and reconvene at Pepperell Town Hall, Conference Room A.
7:00 P.M. Chairman reconvenes hearing. First agenda item is a continuation hearing regarding an application submitted by Clark’s Retirement Homes and Parks, Inc., George E. Clark, President, requesting a SPECIAL PERMIT under Sections 3520 and 3521 of the Town of Pepperell Zoning By-law, which if granted, would allow an increase in the number of manufactured housing units located at the retirement park. The subject property is located at 4 Mason Street, Pepperell, MA, as shown on Assessor's Map 20 as Parcels 100 and 85-1 and a portion of Assessor’s Map 34, as Parcel 21.
Applicant, George Clark is present. Attorney John Lorden, is also present on the Applicant’s behalf.
At the Chairman’s request, Town Counsel addressed those in attendance and explained that he had written a letter to the Board, dated February 6, 2007, which summarized the case. Town Counsel further explained that the current application before the Board cannot be granted due to the Agreement for Judgment/Superior Court Case No. 80-3835, dated October 31, 2005, and that the Park cannot be expanded beyond 84 units. Town Counsel further explained that the ZBA could make a Decision to the Applicant granting up to 84 units, as described in the Decision of the Superior Court Case No. 80-3835, as the Board does not have any authority to allow more than 84 units due to the Court’s Decision.
Attorney John Lorden addressed the Board and explained that he had sent a letter to the Board and that he agreed with Town Counsel’s opinion, and that at this point, the Applicant is requesting that the Board grant a decision only in as much as they are now only requesting an allowance of 84 units and hereby the withdraw portion of the application requesting more than 84 units.
Town Counsel explained that it is important that this Decision gets recorded at the Registry of Deeds. Attorney Lorden responded that the old Decision was never recorded because it was appealed.
Abutter, Bernadette McQuilken, addressed the Board and inquired about failed septic systems. Attorney Lorden explained that the Applicant would not be putting in any more units until town sewer is connected, then all of the units would be connected. Board Member asks how many units are currently at the Park. Applicant, George Clark, responded that there are currently 73 units and he can’t put more in until the sewer system is in place.
Christine Morrissey motioned to approve application for the purpose of reaffirming the Decision of Superior Court Case No. 80-3835, dated October 31, 2005, where said premises could include up to 84 units, subject to conditions included in said Decision. Annette McLean seconds. All concur.
7:30 P.M. Second agenda item is a hearing regarding an application submitted by JKA Builders, L.L.C., Mark Sullivan, Member, having a business address of
199 Old Westford Road, Chelmsford, MA 01824, requesting a Variance from the provisions of the Town of Pepperell Zoning By-Law Sections 3556 and 4140, which if granted pursuant to the provisions of Section 9222, would allow a bulkhead to be located within the side yard setback. The subject property is located at 11 Railroad Street, Pepperell, MA, as shown on Assessor's Map 26 as Parcel 68.
Clerk read legal notice into the record.
Chair announces that there was a “typo” in the legal notice published in the Messenger, regarding the lot number. Town Counsel explained that this is considered to be a “harmless error”, as the street address and assessor’s map number were correct.
Applicant, Mark Sullivan is present. Attorney Ernest Sheldon is also present on the Applicant’s behalf.
Attorney Sheldon addressed the Board and submitted a handout (Exhibit X) detailing his presentation to the Board. He further explained the following points:
The following discussions ensued between members of the Board, Applicant and Attorney Sheldon:
Clerk read responses from the following Town Boards/Departments and/or concerned parties into the record:
Chairman inquired if anyone in attendance would like to speak in favor or opposition to application.
Discussions ensued on the following issues:
Christine Morrissey motioned to close record. Sherrill Rosoff seconds. All concur.
Discussion ensued among Board members.
Christine Morrissey motioned to approve application as submitted. Sherrill Rosoff seconds. All concur.
8:35 P.M. Third agenda item is a hearing regarding an appeal by Patricia E. Terrell-Holt, requesting that the Zoning Board of Appeals reverse the Decision of the Building Inspector pursuant to Section 9223 of the Town of Pepperell Zoning By-Law, which if granted, would allow the replacement of a sign (billboard) at the property located at 185 Nashua Road, Pepperell, MA, as shown on Assessor's Map 6 as Parcel 109. This matter has been remanded to the Zoning Board of Appeals by the Superior Court for a Decision consistent with the judgment of said Court, dated February 7, 2007 and entered February 12, 2007 (See Superior Court Civil Docket No. MICV-2004-02362-L2)
Clerk read legal notice into the record.
At the Board’s request, Town Counsel provided some background on the history of the appeal as follows:
Attorney Sheldon responded that the sign was 8-feet by 16-feet.
Attorney Sheldon stated that Applicant is hereby withdrawing the application for the Special Permit, as it was not granted.
Christine Morrissey motioned to grant the request to overturn the Building Inspector’s Decision and to consider the sign grandfathered and allow the replacement or repair of the pre-existing, non-conforming sign, represented by the Applicant to be 8-feet by
16-feet. Sherill Rosoff seconds. All concur.
At the direction of the Board, Town Counsel will write a letter on the Board’s behalf, overturning the Decision of the Building Inspector.
Old and New Business:
ZBA Meeting Minutes of February 26, 2007 :
Lowell Place Regulatory Agreement (131 Lowell Road):
Bayberry Estates Extension Agreement:
Christine Morrissey motioned to adjourn meeting. Sherrill Rosoff seconds. All concur.
Meeting Adjourned at 9:50P.M.
ZBA Minutes of March 27, 2007 filed with Town Clerk: June 5, 2007
Assistant, Zoning Board of Appeals
cc: Town Clerk
ZBA Application File
ZBA Minutes file