FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight (arrived at 7:15 PM), Chris Murphy, Rodney Bunker, Wendy Weldon, Barbara Armstrong and Chuck Hodgkinson. Also present: Reid Silva, Sarah Nixon, Bob Nixon, Chris Alley, Lainie Finbury, Marcia Cini, Duo Dickinson, Finbury abutters Paula Josa-Jones, Pam White, Edward Sussman and Annie Fisher. Absent was Frank LoRusso.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The June 13, 2006 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
CHRIS ALLEY FOR LINDAUR/FINBURY: Mr. Rossi opened the continued public hearing at 7:10 PM and appointed ZBA alternates Ms. Weldon and Ms. Armstrong as voting members in Messrs. LoRusso and Knight’s absence. Ms. Weldon and Ms. Armstrong attended the original public hearing on May 9th.
Ms. Finbury introduced herself and summarized the history of the property and special permit application. The plans include two bedrooms and a loft and one full bath. The original house that was destroyed by fire had three bedrooms and two bathrooms. She summarized the meetings with the Site Review Committee, Board of health and Conservation Commission – all of which have approved the plans. Ms. Finbury met with the neighbors on July 8th to try and work through some of their issues of concern.
Architect Duo Dickinson summarized the plans and pointed out the total footprint of the new structure matches the footprint of the original structure, adds approximately 248 sq. ft. of roof covered space – 154 sq. ft. of which is added loft living space. The remaining 94 sq. ft. is a covered entrance. The house will be built on piers because of the wetland and have a 6:12 roof pitch that is 23 ft. 6 inches above median grade.
Ms. Cini representing Ms. Finbury commented she hoped for a common sense outcome of the evening’s proceedings and added the owners have tried to work with the neighbors as much as possible. Mr. Rossi asked if the Board of Health has approved the septic plan. Mr. Alley confirmed that the advanced de-nitrification system has been approved with granted variances to the required setbacks. The new septic system is the same size as the original – three-bedroom capacity because the loft space is classified as a bedroom.
Mr. Rossi re read the Site Review Committee reports and a letter from the Conservation Commission for the record. He also read a letters from abutters Glimcher, Tilden and Plotz (all opposed) and one abutter letter in favor (Bluestein). He opened the discussion to the audience. Abutters Josa-Jones and White spoke against the height of the proposed structure, as it is significantly higher than the original house. The higher roof would “severely block” their view of the pond and the loss of this view would negatively impact the value of their house that they are planning to sell. Ms. Finbury responded by stating she would gladly work with the neighbors and Conservation Commission to open up an alternate view by pruning more of the trees on her property.
Abutter Mr. Sussman objected to the plan as well because of its increased size and height versus the original house. He mentioned they have a winter view of the water that would be blocked by the new structure.
Ms. Weldon asked if the zoning by-laws might overlap in this case. Mr. Rossi explained that Article 8 Section 8.4 does not say the house cannot be expanded incrementally and this is subject to interpretation.
Ms. Josa-Jones added that they remodeled their house ten years ago and wanted to have two stories. After meeting with the neighbors they curtailed their plans to satisfy the neighbors’ objections and honor their view sheds.
Mr. Sussman asked how mean natural grade is established. Mr. Rossi said the Building Inspector determines mean natural grade. Mr. Dickinson added that it has been confirmed that his calculations are correct.
Mr. Murphy asked if the Board is voting on a plan or on a concept. Mr. Rossi said the Board is voting on the plans before us tonight and it is the Board’s responsibility to determine what the by-laws will allow.
Mr. Bunker added he has concerns with the height and comments from the neighbors as they relate to the character of the neighborhood. Mr. Murphy asked the Board to summarize the options before asking for a motion, which are: withdraw the application, ask for a continuance and return with a revised plan or ask for a vote. The applicant requested a continuance to September 12, 2006 @ 7:10 PM. A motion to accept the request was made, seconded and unanimously approved.
REID SILVA FOR ROBERT NIXON: Mr. Rossi opened the continued public hearing at 7:59 PM. Ms. Armstrong recused herself due to a conflict of interest. Mr. Rossi designated Ms. Weldon as a voting member and acknowledged Mr. Knight’s arrival earlier as a voting Board member. The Nixons introduced themselves and thanked the Board for the time invested in this project. Mr. Silva summarized two new proposed pool locations and pointed out the preferred site is the one closest to the secondary cottage to the south. Ms. Weldon commented it is difficult to see the pool at this location from the main house. Mr. Silva added they would trim tree limbs and bury utility lines to open the view to the pool. The equipment shed would also be insulated and buried to reduce noise.
Mr. Murphy suggested staking this new location and the limbs that would be trimmed and the Board would gladly make another site visit. Mr. Rossi added that Chief Rich has never received any noise complaints about swimming pools. He also read a letter of support from abutter Bill Glazer. After a brief discussion the applicant requested a continuance to August 8 @ 7:10 PM so he can act on Mr. Murphy’s request. A motion to accept the continuance was made, seconded and unanimously approved.
ANNIE FISHER FOR FRANK SICA: Mr. Rossi opened the continued hearing at 8:20 PM. Ms. Armstrong recused herself as an abutter and Mr. Rossi appointed Ms. Weldon as a voting member. Ms. Fisher summarized the plan for an outdoor shower and handed the six required letters of consent from property abutters within 100 feet of the shower. Mr. Rossi reviewed and confirmed that all letters endorse the shower and location. With no further discussion a motion to approve the plans as presented and dated 7/11/06 was made, seconded and unanimously approved.
ROBERT FOKOS AND ABUTTERS VS. GIRL SCOUT COUNCIL OF SE MASSACHUSETTS: Chuck H. informed the Board that the MVC has agreed to review this case as a DRI. Consequently, all permitting processes are frozen until the MVC concludes its investigation and process.
ADMINISTRATION: The Board reviewed a draft letter to Tim Carroll responding to his June 13th memo regarding Chapter 79 of the Acts of 2006. A motion to approve the letter was made, seconded and unanimously approved. Mr. Rossi signed the letter. With no further business to discuss the meeting adjourned at 8:26 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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