Newbury Select Board Reviews Variance and Special Permits Amid Property Concerns

At the recent Newbury Select Board meeting, the primary focus was on the challenges surrounding a variance and special permit request by Gerald Fandetti for properties at 11 and Sunset Drive. The board also navigated several other permit applications, including those for second-floor extensions and increased footprints, while emphasizing the importance of precise documentation and compliance with zoning bylaws.

The most notable discussion centered on Gerald Fandetti’s request involving properties at 11 and Sunset Drive. The applicant sought a variance to reverse an administrative decision and a special permit for addressing zoning bylaws SE 974 D2B and 97-6B. This was to rectify the lot configuration and create a legal non-conforming lot to redevelop an existing non-conforming dwelling, ultimately facilitating the construction of a new single-family home with a garage. The primary complication was the lack of street frontage for lot 15, complicating its development potential. The board noted that approximately one-third of the existing house on lot 15 encroaches onto lot 11, creating a hardship for lot 11 as it cannot be sold independently due to the overlapping structure.

Board members discussed the criteria for granting the variance, with the applicant’s representative highlighting that reconfiguring the lots would maintain the neighborhood’s character and comply with existing bylaws. The board agreed to revisit the issue after the necessary documentation was completed, scheduling the continuation of the hearing for February 19.

In a related agenda item, the board reviewed an application from Susan Thomas concerning a property on Street, which sought a special permit for relief from zoning bylaws to increase the building’s footprint. The board considered incorporating a PowerPoint presentation submitted by abutters into the official record, which detailed their concerns. There was a suggestion to amend the project description in the draft decision to clarify the scope of the renovations, including interior changes and enclosing existing decks to create habitable space. The board members deliberated on how these changes would affect the dwelling’s footprint, eventually agreeing to include the additional materials in the record.

There was also discussion regarding a special permit application from Tamara Earlin and Margaret Wallace from Bush Downs, who were seeking relief under section 9745 C 02 for a second-floor extension on an existing structure. The board clarified that the property was a condominium, not a single-family home, prompting adjustments in the official documents. The board emphasized the need for accurate height measurements in the documentation, with estimates suggesting the structure would reach about 15 feet. After ensuring all necessary corrections were made, the board approved the special permit unanimously.

Another application presented by John Haret for a property on Pike sought a special permit for an increase in square footage and upward extension, as outlined under section 974 D tax 5 c01 and c02 of the zoning bylaws. The board discovered errors in the header of several document pages, which had been copied from a different project. Once corrected, the board focused on the rear setback dimensions, confirming that the new project would maintain conformance with zoning regulations, reducing the setback to 38 feet. After discussing the precise language needed in the motions and documents, the board approved the special permit with the necessary corrections.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Tracy Blais
City Council Officials:
Alicia Greco, William DiMaio, Geoffrey Walker, Leslie Matthews, Dana Packer

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