ZBA Objects to Project Favored by Neighbors

Douglas and Sylvia Felton failed to convince ZBA (zoom screen capture)

The ZBA held its last meeting on July on the 28th, with three hearings on the agenda. The meeting was held via Zoom.

The first topic was an application by Jimmy Desert of 1170 Pond Street seeking to construct an 18’x 20’ addition that is 27.0’ from the right side yard setback where 35’ is required.

Desert explained that the addition is going to be used for a bathroom for the master bedroom and also a small office. He is in the mortgage business and works from home.

Board members reviewed plans and inquired whether any of the existing features on the property had required any variance – and they had not according to the applicant.

After a brief discussion and a check to see whether any abutters had joined the call –none made themselves known – the ZBA voted to close the hearing and then approved by unanimous vote the requested variance.

The next item, was Douglas Felton of 17 Blue Jay Way, who is seeking to construct a 48 by 72-foot garage/ barn that is 20.3 feet. The structures as proposed would be 12 feet from the right sideline setback where 20.3 is required.
Felton was joined on the call by his wife Sylvia. Bob Patten, a neighbor directly across the street, also joined the call. Felton explained that the project is designed primarily to store the motor vehicles he collects. He stressed that it was not contemplated for any commercial purpose. He also noted that he could have built the structure behind his home without requiring a variance but he and his neighbors agreed it would actually look worse. The structure as proposed is to be largely constructed of steel but with a clapboard front to blend with the front of the house.

And, Patten verified his positive views on the matter.

However, the ZBA was not convinced, questioning repeatedly why the structure, needed to be so big.

The conversation continued for some time but the upshot, based on the questions coming from most members of the ZBA, was that the variance would not be granted specifically because the structure as planned was so large.

A clearly disappointed Felton noted that when on overseas deployments with the military, he had begun to plan to create a structure like this. The board suggested that if he wasn’t satisfied with a definite no, he could allow the matter to be continued and perhaps come back with something to change the minds of the Board members

This he agreed to.

After the end of the hearing another neighbor chimed in, asking whether a future owner couldn’t begin to use the structure for commercial purposes.

The last item on the agenda was parcel 219-178-002-000- Bruce Wheeler Applicant is seeking to modify a previously approved comprehensive permit. In response to a written request from the applicant, the Board voted to continue this matter to a later date.