FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Wendy Weldon, Rodney Bunker, Chris Murphy, Barbara Armstrong and Chuck Hodgkinson. Absent: Frank LoRusso, Michael Halbreich. Also present: Chris Alley, Mike Renahan, Carly Look, Glenn Provost, Michael Barclay, Mark Hurwitz, Peter Oberfest, Kent Healy and abutters Bart Thorpe (Grossman); Max and Connie McCreery, Tip Kenyon, Fran and Phil Demers (Hart); Frank, Peter and Heidi Dunkl (Oberfest).
Mr. Rossi opened the meeting at 7:00 PM with the following agenda:
- Carly Look for Grossman – 36 Hammett Lane; Map 8 Lot 40
- Glenn Provost for Kenney – 6 Jethro lane; Map 4 Lot 20
- Michael Barclay, Mark Hurwitz & Glenn Provost for Hart; 5 Chappaquoit Rd.; Map 24 Lot 208
- Peter Oberfest; Valley Lane; Map 3 Lot 47
- Chris Alley for Dworkin – 17 Whiting Way; Map 17 Lot 33
- Berler; 14 Gull’s Way; Map 30 Lot 4; Telephone request to continue to 3/8/05.
NEW CASES
CARLY LOOK FOR JAY GROSSMAN: Carly Look reviewed a revised set of plans for the Grossman’s pool that placed the pool equipment shed and a pergola less than 50 feet from the lot line. Abutter Bart Thorpe presented a letter of approval of the revised plans from Barbara Thorpe.
Carly Look then asked if there were any problems with placing a hot tub in the corner of the pool. Mr. Rossi said he had no objections. Ms. Look continued to say that Chief Norton has approved the location of the standpipe.
Peter Knight made a motion to approve the plans as presented (dated 1/18/05) with the standard pool conditions.
Rodney Bunker seconded. The vote for the continued pool application was unanimous among Messrs. Rossi, Knight, Bunker and Ms. Weldon.
Wendy Weldon then made a motion to approve the application under Article 6 Section 6.6 to place the pool equipment shed and pergola less than 50 feet from the lot line with the condition that the window on the north side of the mechanical shed be removed. Rodney Bunker seconded. The vote and conditional approval of this application was unanimous in favor among Messrs. Murphy, Bunker, Knight, Rossi and Ms. Weldon.
GLENN PROVOST FOR KENNEY: Mr. Provost reviewed the plans for the proposed guesthouse in Ms. Warner’s absence. He pointed out that the guesthouse is on a 7.8-acre parcel; 500 feet from Vineyard Sound; sited close to the main house and behind the “no build” buffer line as defined by the Spring Point Architectural Review Committee. He continued by saying the covered porch will not be enclosed or have any screens.
Mr. Rossi pointed out that the porch is not allowed – as shown – because it brings the structure’s size over the maximum square footage (800 sq. ft.). He continued to point out any roof-covered area enclosed by walls or screens is classified as living floor area (Article 4 Section 4.2). Mr. Rossi added that this is discretionary on the Board’s part and that the covered porch makes the structure appear to be too massive.
Mr. Murphy made a motion to continue the hearing to March 8 to give the applicant time to discuss alternatives with the Kenney’s. Peter Knight seconded. The vote was unanimous to continue the hearing to March 8.
MARK HURWITZ, MICHAEL BARCLAY AND GLENN PROVOST FOR HART: Mark Hurwitz summarized the plans to expand the existing 1450 sq. ft. SFR to 4455 square feet. The plans also indicated that an 800 sq. ft. detached bedroom and detached garage are also a part of the total plan but not a part of this application. He continued to point out that this application is a condition of sale for a prospective buyer who intends to sell the property after all construction is completed.
Michael Barclay added that the addition to the SFR meets all set back requirements for a 1.52-acre parcel and the expansion on the non-conforming part of the structure does not increase the footprint of this section but, adds a second story with a roof height of 24 feet.
Mr. Rossi commented the Board might allow the expansion if it feels it is not detrimental to the neighborhood—as outlined in the bylaw.
After further discussion Mr. Rossi asked for comments from the audience. There were several abutters present. Max McCreery gave the Board a written letter of opposition. Mr. Rossi read Mr. McCreery’s letter and other letters of objection from abutters Eleanor Gadd, Fran Demurs, Emily Gadd, and Margaret Eddy. Neighbor Tip Kenyon who lives on the north side of South Road in the Abel’s Hill neighborhood also voiced his objection as the proposed expansion is on a small, non-conforming lot and pointed out that the majority of the lots on the south side of South Road are also small. He continued by stating that as past Treasurer of the Abel’s Hill Association he is familiar with all the properties in the Abel’s Hill neighborhood and said there are maybe three houses as large as 3000
square feet. This proposal is excessive and not in character with the neighborhood.
Mr. Rossi then asked for Board comments. Several members mentioned no one could have a site visit because of the snow. Mr. Rossi added that he did visit the site yesterday to get a feel for the proposal and the neighborhood. He continued by stating he believed the proposal is too big for the site, is out of character with the neighborhood and would like to see it scaled back. He did agree the current structure needs improvements but the plan is out of scale.
After more discussion Mr. Rossi summarized that he is taking a comprehensive look at the entire plan for the lot and suggested that on judgment, something in the area of 3000 square feet may be more appropriate. Chris Murphy added that it is hard to arrive at a specific size definition because the design of the structure also affects the decision. Ms. Weldon added that the 24-foot height seems to affect the abutters’ views as well.
Mr. Hurwitz asked the Board to continue the hearing to next month to give him time to meet with the prospective buyer, perhaps create a new design and have ridgepoles installed for a site visit.
Rodney Bunker made a motion to continue the hearing to March 8. Wendy Weldon seconded. The vote to continue the hearing was unanimous.
CONTINUED CASES
PETER OBERFEST: Mr. Oberfest summarized the plan for his swimming pool and the progress made on the water quality issue raised by his neighbors, the Dunkls. Kent Healy then reviewed the two-pronged plan that has been approved in principle by the Dunkl’s. 1. The water will be treated by a state of the art, copper ion filtration system that uses no chlorine. 2. There will also be a custom drainage system installed under the pool to make sure the flow of any leaked water would be directed away from and not threaten the Dunkl’s water supply.
Abutter Frank Dunkl complimented the extreme cooperation he has received from his neighbor and Mr. Healy and believes they have a common objective. He continued by stating that he is confident the copper ion filtration system will work and asked how he can be assured the pool will use this system in perpetuity – should Mr. Oberfest sell his property.
Mr. Rossi responded that the Board can condition the approval of the Special Permit application by requiring the environmentally safe water treatment system be installed. He added that if Mr. Dunkl’s evaluation of the system is not satisfactory, he should inform the Town’s Building Official and ask him to inspect the problem.
Mr. Dunkl accepted this advice.
Peter Knight made a motion to approve the application with two conditions: 1. The pool meets all of the Town’s standard pool requirements. 2. An ECO-friendly water filtration system and the proposed water drainage solution be installed as presented on Kent Healy’s plan dated February 8, 2005.
Chris Murphy seconded the motion. The vote was unanimous in favor.
CHRIS ALLEY AND PATRICK CROSGROVE FOR DWORKIN: Chris Alley summarized the plan for the Dworkin’s guesthouse and pointed out that it would not have a heating system (be a three season guesthouse); the roof height will be less than 13 feet; the structure will be 797 square feet; and the decks will be at grade level with no coverings or screens.
He continued that they have received approval to relocate the neighbor’s septic system (Bruce’s) to achieve the required 300-foot set back from a hypothetical separate septic system for the guesthouse. Mr. Crosgrove mentioned he reviewed the guesthouse design with the Bruce’s and they had no objections.
Mr. Rossi then read the opinion provided by the Board of Health dated 2/4/05. Mike Renahan added that if the applicant can produce a plan for the two compliant septic systems then, the plan to upgrade and use the existing septic would be a good one. He continued by stating if the ZBA grants the special permit for the guesthouse, the Board of Health will handle all the septic requirements.
Chris Murphy pointed out that in this case, adding two bedrooms to the main house may put more pressure on the environment because they would be year-round, winterized bedrooms – versus adding two, seasonal bedrooms in the proposed guesthouse. He then summarized that the main house is 1800 square feet and the guesthouse is 800 sq. ft. – totaling 2600 square feet.
Mr. Rossi added that the ZBA is being asked to judge the impact of adding a guesthouse to the adjacent five lots in the shore zone. This is an issue for the Planning Board to consider.
Chris Murphy made a motion to approve the plan as presented with two conditions: 1. The Board of Health will approve the septic plan. 2. The Dworkin’s will place a covenant on the deed that specifies there will be no more construction in the shore zone and that there will be no more than six bedrooms placed on the property including both the main house and guesthouse.
Wendy Weldon seconded. The vote was unanimous to grant the conditional Special Permit for the guesthouse.
BERLER: The applicant phoned in with a formal request to continue their hearing to March 8. Rodney Bunker made a motion to continue the hearing to next month. Wendy Weldon seconded. The vote was unanimous to continue the hearing.
OTHER BUSINESS
The minutes of the January 11, 2005 ZBA hearing were reviewed. Rodney Bunker made a motion to approve the minutes as presented. Wendy Weldon seconded. Chris Murphy abstained. The remaining vote to approve the minutes was unanimous.
Mr. Bunker made a motion to adjourn the meeting at 9:50 PM. Peter Knight seconded. Mr. Rossi adjourned the meeting at 9:50 PM.
Respectfully submitted, Chuck Hodgkinson, Administrative Assisitant.
| 
