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Zoning Board of Appeals Minutes 04/11/06
Zoning Board of Appeals
Meeting and Public Hearing, April 11, 2006
7:00 PM, Selectmen’s Meeting Room, Town Hall

FINAL

Present for the Board of Appeals were:  Bill Rossi, Chair, Rodney Bunker, Chris Murphy, Peter Knight, Barbara Armstrong, alternate, Wendy Weldon, alternate, and Russell Walton, secretary pro tem.
Also present were:  Peter Oberfest;  John & Millie Callagy, Phil Regan & James Moffatt (Hutker architects), Roger Cook:; Elise & Bob Elliston. Louis King, Peter Norris, & Amy Rugel and some others did not realize the Lifestyle Development case was in fact and in its entirety continued.  Absent:  Frank LoRusso.

Mr. Rossi opened the meeting at 7:00 PM.

OBERFEST  -Query on pool fence.  Peter Oberfest came to request a change in the fence for the pool approved on February 8, 2005.  By reason of grading needed for the drive, the original layout of seating area is not desired. He asked that a section of the barn wall be used as one side of the fence enclosure.  There are two sash windows on that section of the wall. Chris Murphy and others were concerned that a child might crawl out a window into the pool space, and felt that simple locks, latches, etc. would be defeated by the next owner or renter.  It was suggested that a strong fixed grill might be adequate, provided the spaces are close enough (e.g.: baby bed width).  Mr. Oberfest is to return with specifications and a clearly drawn plan.

CALLAGY MAP 33 LOT 76.1 (Continued from March 14):  As soon as Mr. Rossi opened the continued Public Hearing, Mr. Callagy addressed the Board.  Following discussions with the neighbors and the architects, the family has decided to rebuild the Guest House in its present location, with a lower roof (below 18’, hence conforming) but with two hip-roofed sections.  The power lines are to be put underground.
Mr. Phil Regan, architect, then expounded on the revisions from the previous plan. As some of the decisions were made on the day of the meeting, the landscaping/screening plan was incomplete, but the Callagys desire as much privacy as can be generated by reasonable planting.  The present proposal as sketched on the site plan includes a variety of tall-shrub areas (High-bush Blueberry, Bayberry, etc). The driveway is to use the lower entrance, then curve around shrubbery so that the parking area and cars will not be seen from Squibnocket Road.    The Guest House will be lower, consist of 2 smaller subunits and hence show a decrease in the “massing” of the roof. Size proposed is now 1000 sf, down by 197sf.  Construction will be with cedar siding, with no white trim or white-painted windows – which will make it less conspicuous.
Mr. Murphy asked whether we may allow the proposed construction of the main house with a roof above 18 feet ?  Mr. Rossi, citing Ron Rappaport as his authority, said that the linear feet of ridge could not be increased.  There ensued a discussion of gable versus hip roofs, lengths of slopes of hip roofs, and the calculations presented by the architects.  Mr. Regan and Mr. Moffatt added in the slopes of the hip-roofed areas and still came up with a figure less (by a couple of feet) than the existing house.  Mr. Regan pointed out the Callagys were sacrificing part of their water view because the main floor level will be 4 feet lower than the present house’s, and the lower ridges and 8-pitch hip roofs reduce available living area.
Peter knight arrived at 7:40.  He was encouraged to join the deliberations of the Board, as he had attended the previous hearing, and was acquainted with most of the alterations in the plan, having been in discussion with the architects, and “should vote”.
Mr. Rossi opened the Hearing to public comment.  Roger Cook, present for the Cook family, thanked the Callagys for leaving the guest house in its present position, and discussed with the architect the revised proposal and especially screening.  (The Cooks would like to continue to use their outside shower in reasonable privacy.)
Letters were read into the record by Mr. Rossi and Ms. Weldon.  1. Julianna Thorpe found the changes reasonable; she raised  no objections.   2.  Judy Cook expressed concern about the massing of the house and Guest House “on the ridge”, felt the placement was not comfortable and interfered with the privacy of the Cook home, and that the rural character of the area would be altered.  3.  Wendy Jeffers was also concerned about changing the rural character of State and Squibnocket Roads, proximity of the proposed structures to the Cook property line (and structures), and massing on the ridge.  She was also concerned that a swimming pool  near the Cook property line would be undesirable in terms of noise, etc., etc
The Hearing was closed at 8:00 PM.. .
After a brief discussion of the exclusion of the pool from the current application, Mr. Rossi moved a conditional approval; Wendy Weldon seconded and a vote was taken: four in favor, one abstention.  (Bunker, Knight, Rossi, Weldon  -  Aye.  C. Murphy abstained).  The approval is conditioned as follows:
1. The plan approved is the plan presented this evening, April 11, 2006, and so dated, marked as Plan A002; 2. The Guest House is to be rebuilt in its present or pre-existing location;  3. The landscape and screening plan must be presented to and approved by the Board.  4.  The Pool shown on the Plan is not approved at this time.  A new and separate application must be filed after the Callagys have owned the property for at least two years.
At 8:08 PM The Public Hearing for LIFESYLE DEVELOPMENT (Blueberry Inn) was reopened and a vote taken to continue the case to May 9th @8:25 PM – at the applicant’s request.  The vote was unanimous in favor of allowing the continuance.
ELISE ELLISTON for Doug and Margo (KLOSS) Rothman: Elise and Bob have been asked to modify and complete a structure allowed a 28’ ridge by ZBA in 1981.  As the 1981 Board granted a Special permit for the extra height,  Elise wanted to know what could be done, what needed Board review, and what could be taken to other Boards ?   New dormers, to be built not above 24’ height, and some provision for safety for roof decks (? Wire cable?) seem to be the items of concern to the Board.   Other issues such as potential re-arrangement of windows, probable removal of old pressure treated lumber, and septic system changes seem more properly directed to Lenny Jason and the Board of Health.
The Minutes of the March 14, 2006 meeting were approved, following a brief discussion of the Lifestyle Development status as a “private club”, which wording some members remembered.
The meeting was adjourned at 8:35 PM.
Respectfully submitted by Russell Walton, secretary pro tem.Document1