FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Chris Murphy, Rodney Bunker (arrived at 7:08), Wendy Weldon, Barbara Armstrong, and Chuck Hodgkinson. Also present: Andrew Fischer, Chris Alley, Elaine Finbury, Paula Josa-Jones, Edward Sussman, Tenney Lantz, Phil Regan, Miles and Julie Jaffe, Margaret Curtain, Marcia Cini, Moira Fitzgerald and George Sourati. Absent was Frank LoRusso.
Mr. Rossi opened the meeting at 7:02 PM.
MINUTES: The October 10, 2006 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and voted five in favor with one abstention (Mr. Murphy).
ANDREW FISCHER YOUTH LOT Map 24 Lot 20: Mr. Bunker recused himself from this discussion as he is related to Mr. Fischer. Mr. Rossi appointed Ms. Weldon and Ms. Armstrong as voting members. Mr. Fischer presented his letter requesting ZBA approval to rent his youth lot home during the off-season of October through May for reasons of financial hardship. He added that he would like permission to do this for the next five years. Mr. Rossi read Mr. Fischer’s letter and the Zoning by-law Article 6 Section 6.4 aloud for the record. After much discussion a motion was made to grant the request for only one year with the condition that Mr. Fischer must return to the ZBA to review the circumstances for continued off-season rental on an annual basis—before October 1 of each year. The motion was seconded and the vote was unanimous with five in favor.
CHRIS ALLEY FOR LINDAUR/FINBURY: Mr. Rossi opened the continued public hearing at 7:20 PM. Ms. Finbury summarized the history of the property and the special permit application. She added that the design of the replacement house with a 24-foot high roof has been changed to eliminate the additional loft space and covered entryway. The total area is now 964 sq. ft.—the same as the original house that was destroyed by fire.
Mr. Alley summarized the site review committee’s report declaring the lot as wooded terrain, the improved de-nitrification septic system design and repeated how the new design addresses the concerns expressed in the Conservation Commission’s letter to the ZBA. He concluded by pointing out this will be a modest two-bedroom, one bath house.
Mr. Rossi opened the discussion to the audience. Abutters Paula Josa-Jones and Edward Sussman reiterated their objections to the proposed roof height—as expressed in prior zoning hearings for this application. The Board asked for clarification on the location of the proposed roof ridgeline. Mr. Rossi read the 8/21/06 letter from Ms. Josa-Jones citing how a 24-foot high roof would seriously impact the value of her home that is currently on the market.
Mr. Rossi advised the Board that it is not wise to consider real estate values when making decisions, as this factor is not outlined as a consideration in the by-law. He summarized that the Board is voting on the request for a roof ridge height over 18 feet and its impact on the character of the neighborhood.
After a brief discussion the applicant made a request to withdraw the special permit application. A motion to accept the request was made, seconded and unanimously approved.
TED WHEELER: Mr. Rossi opened the continued public hearing at 8:00 PM. Ms. Weldon recused herself due to a conflict of interest and Mr. Rossi appointed Ms. Armstrong as a voting member. Mr. Rossi read a letter from the applicant requesting a continuance to December 12, 2006 @ 8:10 PM. A motion to accept the request was made, seconded and unanimously approved.
ABUTTERS VS. GIRLS SCOUT COUNCIL OF SOUTHEASTERN MASSACHUSETTS: Mr. Rossi opened the continued hearing at 8:06 PM and appointed Ms. Weldon as a voting member. He proceeded to read a letter from Eric Peters, attorney for the abutters, who could not be present. With no comment from the audience Mr. Rossi summarized the basis for the appeal to revoke the building permit that was issued on April 12, 2006. He added that town counsel believes the permit was issued correctly. Without any further discussion from the audience a motion to deny the appeal to revoke the building permit issued on April 12, 2006 was made, seconded and unanimously approved.
PHIL REGAN FOR ANTON KRIS: Mr. Rossi opened the public hearing at 8:20 PM and appointed Ms. Armstrong as a voting member. Mr. Alley summarized he plan for a guesthouse and mentioned the Board of Health has the preliminary septic design. The soil perk tests cannot be performed until December. Mr. Rossi read a letter of approval from the Spring Point Architectural Review Committee and a letter of support from abutter Alan Stein. The ZBA site visit was discussed and it was confirmed that there will be no inside access to the basement under the guesthouse. With no comment from the audience a motion was made to approve the plan as presented and dated 11/14/06 with the condition that the Board of Health must approve the septic plan. The motion was seconded and the vote was unanimous
in favor.
CHRIS ALLEY FOR MILES JAFFE: Mr. Rossi opened the public hearing at 8:30 PM and appointed Ms. Weldon as a voting member. Mr. Alley summarized the plan for a one-story addition and added the total number of bedrooms will not increase. Mr. Rossi read the site review committee report and letters of support from the Sheriff’s Meadow Foundation and abutter Chris Yeomans for the record. With no comment from the audience a motion to approve the plan as presented and dated 10/12/06 was made, seconded and unanimously approved.
MARGARET CURTAIN FOR JOHN HASTNGS: Mr. Rossi opened the public hearing at 8:35 PM and appointed Ms. Armstrong as a voting member. Ms. Curtain summarized the plan to re-design and replace the raised deck railing that is above the maximum height of 13 feet above mean natural grade while leveling the roof deck floor. It was not clear if the height of the deck railing would increase as the floor is leveled. If so, the plan would increase the non-conformity of the railing. After further discussion Ms. Curtain requested a continuance to December 12, 2006 @ 8:25 PM so she can confirm the railing height. A motion to accept the request was made, seconded and unanimously approved.
MOIRA FITZGERALD FOR HAROLD ROSENBAUM: Mr. Rossi opened the public hearing at 8:47 PM and appointed Ms. Weldon as a voting member. Ms. Fitzgerald summarized the plan to remove the second level of the existing single-family residence and place it on a new foundation as a guesthouse. She added that the Spring Point Architectural Review Committee has not yet acted on the proposed plan. Mr. Rossi advised the Board members that it has been the ZBA’s practice to not act on a special permit application without consent from the Spring Point Architectural Review Committee. Mr. Rossi also read a letter from Marcia Cini, attorney for abutters Sarah Morris and Liam Gillick for the record. Ms. Cini added that because of the unique nature of the proposal the
Chair of the Spring Point Architectural Review Committee might want to see the plans to replace the primary structure before ruling on the proposed guesthouse. After much discussion the applicant requested a continuance to December 12, 2006 @ 8:40 PM to provide more time to work with the Spring Point Architectural Review Committee. A motion to accept the request was made, seconded and unanimously approved.
GEORGE SOURATI FOR BRUCE AND MARCY SLATER: Mr. Rossi opened the public hearing at 9:20 PM and appointed Ms. Armstrong as a voting member. Mr. Sourati summarized the plan for moving and converting the existing studio into a guesthouse and confirmed there will not be a basement because of the septic system. Mr. Rossi read a letter endorsing the plan from abutter Bernard Levy. After brief discussion a motion to approve the plan as presented and dated 10/27/06 was made, seconded and unanimously approved.
With no further business to discuss the meeting adjourned at 9:45 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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