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Aug 25 ZBA 1 PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE SPECIAL PERMIT AUG 25, 2022 303 King St CLICK FOR PERMIT FILE 24B-70 OWNER EXISTING USE COLVEST GROUP N/A-NEW CONSTRUCTION Summary of Request: The applicant’s tenant: Aldi, seeks permission for a 75 square foot side wall sign. Zoning Compliance : 350-7.2 M applies for request of more signs or bigger signs. This would be a request for a larger side wall sign than allowed by right. By right signs are 25 square feet. The request is for a side wall sign on both the north facing and south facing walls. Other signs have been approved since those meet the by-right standards. The signs are internally illuminated. Staff has no particular concern except that the sign lights should be turned off at the close of business. Staff Recommendation: Approve with condition requiring signs to be turned off when closed. SITE [Type here] 2 PERMIT TYPE PUBLIC HEARING DATE PROPERTY ADDRESS/ ZONE/LOT SIZE APPEAL OF BUILDING COMMISSIONER’S ACTION AUG 25, 2022 129 Riverbank Rdt CLICK FOR PERMIT FILE 25-26 OWNER EXISTING USE RICHARD WATLING SINGLE FAMILY HOME Summary of Request: The applicant is appealing the order of the Building Commissioner to remove the unpermitted addition created at the address. Zoning Compliance : In September 2021, the ZBA evaluated a permit request for a Special Permit to increase the non-conforming nature of this property by creating a non-conforming rear setback where there was already a non-conforming side setback. As a reminder, the applicant had already substantially begun construction without any permits and had been issued multiple stop work orders prior to coming to the ZBA. SITE [Type here] 3 The expansion underway also created an open space violation. The applicant presented a plan (ANR plan) that he intended to record that would add a strip of land to his parcel from the abutter’s parcel. Though the transaction had not taken place, the Board granted approval of the permit contingent on recording the ANR plan showing the land transfer within 45 days of the decision. The abutter, whose land was to be acquired, had never agreed to the sale and was not aware of the survey that was performed and subsequently submitted to the City. Therefore, the transfer of property never occurred and the ZBA permit became invalid. The Building Commissioner ultimately issued a removal order for the entire addition in June 2022. This is the order that is subject of the appeal. The applicant’s attorney has noted that all paths have not been exhausted and that within 1 week of filing the appeal he would file a special permit application seeking relief from complying with open space. No such application was filed on 6/30/22 or since then. NOTE:  A special permit for open space reduction would have to be considered in the context of this location within the SC district, which is within the 100 and 500 year FEMA mapped flood zone.  A unanimous vote is required to overturn the Building Commissioner’s action. The Zoning Board would need to find that the Building Commissioner erred in his evaluation and action to require the removal of the unpermitted structure. Staff Recommendation: The Building Commissioner determined that the structure must be removed because no permits were ever issued for what is partially built. The Commissioner did not err in his most recent action since due to the size of the parcel and the fact that the abutter would not sell land to the applicant in order to correct the open space violation the applicant did not have a valid ZBA permit, thus no building permit could be issued. Contrary to being draconian, the Building Commissioner has shown extensive flexibility and leniency to allow the applicant to correct the unpermitted construction for more than two calendar years. The Building Commissioner could have taken enforcement action to require the removal of the unpermitted structures on multiple occasions starting in the spring of 2020. RECOMMEND: Deny the request for Appeal, Uphold the Building Commissioner’s determination.