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Mr. Jienapp said they are a conforming use because they have a past Variance although they may <br />be non-complying. He said they might need a legal opinion. <br />Gerry Fiore, 11 Gateway Circle, submitted a picture from his backyard that shows the retaining <br />wall and part of the playhouse. He said the Quannapowitt Players have been good neighbors but <br />this playhouse does not belong in a residential area. The retaining wall has been a buffer that has <br />kept this playhouse out of the residential area. With the wall gone the view will be an exposed <br />broad view of this building. The dimensions and scope of this expansion is not acceptable for <br />this residential area. The proposed gallery windows will allow bright lighting to shine out on the <br />residential area. Mr. Fiore questioned if they would increase the number of performances in <br />order to pay for this expansion or perhaps rent the facility to other groups. He questioned if this <br />is a historical building and he wanted to know if the Historical Commission has been notified <br />and consulted. The runoff is excessive now and the lowering of this wall will only increase the <br />runoff. Mr. Fiore also thought the change of the main entrance from the front to the rear would <br />increase noise and movement in this rear residential area. <br />Mr. Jienapp said they would have to go before site plan review, the Historical Commission, <br />Town Engineer and Conservation Commission. He did not think bringing the wall down would <br />create problems. He said they have not done any lighting design yet but there are modern <br />solutions available. <br />Mr. Fiore said the new exposure of the building is overwhelming and from his yard it will be in <br />full view. What is there now is barely visible. He did not think the plan presented would be in <br />keeping with the neighborhood. <br />Mr. Jarema said without the Building Inspector present the Board did not know what the cited <br />Zoning By-laws Sections seemed to indicate. Mr. Jienapp said they referred to theatres. <br />Mr. Jienapp said in his letter to the Building Inspector submitted with the application he quoted <br />his interpretation as to what relief they needed for their expansion. . <br />Mr. Dustin asked the Applicants again what type of relief they were seeking and whether they <br />were requesting a Special Permit or a Variance. Ms. Miller said she thought the Building <br />Inspector seemed to indicate in his denial letter that the Applicants were requesting a Special <br />Permit. <br />Mr. Jarema said this is the first stop along the road for this project and the Applicant has not yet <br />appeared before any of the other Boards and Commissions in the Town. He thought a Variance <br />would be the viable option and not a Special Permit but perhaps they should seek Town <br />Counsel's opinion or continue until there is more input from the other Town groups. <br />Ms. Butler, Attorney for the Quannapowitt Players, said the Variance granted in 1974 stated that <br />should the Quannapowitt Players not use this as a theatre it would revert to residential use. She <br />asked if this case could be continued so that Town Counsel could be consulted, or could the <br />Board require the Building Inspector to be present so that the Board can question him and then <br />decide what should be granted, either Special Permit or a Variance. <br />2 ZBA Minutes, October 19, 2006 <br />