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Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Chris Murphy, Frank LoRusso, Barbara Armstrong, Rodney Bunker, Wendy Weldon and Chuck Hodgkinson. Also present: Robbie Hutchinson, Bob Andrews, Chris Alley, Frank Dunkl, Emily and Billy Meegan, Nancy and Donald Nitchie, Caleb Nicholson, Claire Parkhurst, Jeffrey Maida, Jennie Greene and John O’Keefe.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The May 8, 2007 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
JOHN O’KEEFE; MAP 24 placeLOT 208; addressStreet5 Chappaquoit Road: Mr. O’Keefe summarized the special permit he was granted in October 2006 under Article 8 Section 8.3. He added the Building Inspector asked him to review some minor changes he would like to make with the Board. The changes include adding a step down from the ground level deck and a four-foot square outdoor shower enclosure. Both changes will not meet the minimum required setback distance from the lot line.
After discussion a motion to approve the minor changes was made with the following provisions: Mr. O’Keefe shall return to the July 10th ZBA meeting with: 1. A drawing of the changes. 2. Signed letters of consent for the changes from any abutters within 100 feet of the additions. 3. The Board receives confirmation from Town Counsel that these changes may be done as conditioned without having to apply for an additional special permit. The motion was seconded and unanimously approved.
BOB ANDREWS FOR CLAIRE AND GEOFFREY PARKHURST; MAP 11 placeLOT 28.9; addressStreet38 Post Oak Rd.; Article 4 Section 4.2A3: Mr. Rossi opened the hearing at 7:15 PM. Mr. Nicholson summarized the site plan for a built-in pool with fencing and explained how an existing shed would be modified to house the pool equipment. A four inch concrete slab will be put under the shed and two inch sound proof insulation will be added to the walls and roof. The approved location for the required stand pipe was also shown on the plan.
The Board asked for the distance from the pool to the nearest house. Mr. Nicholson responded the closest house is about 600 to 700 feet away. The Board also asked the applicant to explain the advantages and disadvantages of an insulated above-ground equipment shed versus an underground equipment vault. Mr. Andrews explained that a properly insulated shed is preferred because an underground chamber that is below water level has a risk of being flooded with about 30,000 gallons of water if a valve malfunctions or a leak occurs. Mr. LoRusso commented that the insulated shed seems to have a good soundproofing plan and asked if a berm could be added with landscaping for further screening and sound proofing.
Mr. Rossi asked for comment from the audience. Abutter Jennie Greene said she can hear everything that goes on in the Parkhurst’s yard and asked the Board to consider requiring a six-foot high, stockade fence instead of the standard 4 foot high link pool fence. She also asked if the Board could condition the permit and not allow any pool use after dark. Ms. Greene further asked if the pool would be filled from the Parkhurst’s well because she has water table concerns. At Ms. Greene’s request Mr. Rossi read her letter of concerns aloud for the record.
Ms. Parkhurst commented that she does not want to cause problems with her neighbors but, would be uncomfortable if the Board placed a curfew on the pool’s use after dark.
Mr. Rossi explained that the Board cannot legislate the pool’s hours of use. He also explained that the Town’s standard swimming pool specifications require the initial filling of any pool must be made from an off-site water source. The Board asked Mr. Andrews if one underwater light would suffice for this pool. Mr. Andrews thought one light would not be sufficient and would pose a safety risk. The Board agreed.
After further discussion among the Board the hearing was closed. A subsequent motion was made to approve the plan as presented with the following conditions: 1. The project will meet all of the Town’s swimming pool conditions – including the initial filling of the pool from an off-site source. 2. Messrs. Rossi and Bunker shall approve a revised site plan that includes the proposed sound-proofing berm on the northeast side of the pool facing Ms. Greene’s property and a berm behind the equipment shed. 3. A detailed landscape screening plan for the two berms and an outdoor lighting plan—if any. The motion was seconded and voted unanimously in favor.
BILLY AND EMILY MEEGAN; MAP 12 placeLOT 35; 170R addressStreetMIDDLE RD.; ARTICLE 6 SECTION 6.6: Mr. Rossi opened the hearing at 7:30 PM. Mr. Meegan summarized his plan to build a permitted detached, 800 sq. ft. one-bedroom structure that is located approximately 34 feet from Donald Nitchie’s lot line. This is less than the required 50 foot setback distance. Mr. Meegan added the Board of Health has confirmed his septic system has the capacity to accommodate the addition of one bedroom. Mr. Meegan added he plans to apply for a guesthouse permit at a later date and add a kitchen to the building. Mr. Rossi read a letter of consent from Mr. Nitchie whose lot line is within 100 feet of the proposed structure. There were no comments from the audience.
The hearing closed and a motion was made to approve the plans as presented and dated 5/15/07. The motion was seconded and voted unanimously in favor.
BOB ANDREWS FOR ALFRED & CLAIRE MAYS; MAP 3 placeLOT 51; addressStreet15 VALLEY RD.; ARTICLE 4 SECTION 4.2A3: Mr. Rossi opened the hearing at 7:40 PM. Mr. LoRusso mentioned that he and Mr. Knight built and sold the house on this property to the Mays. The Board thanked Mr. LoRusso, did not feel this was a conflict of interest and proceeded. The applicant concurred. Mr. Rossi read a letter from the Fire Chief approving the standpipe location. He also read a letter from an abutter – the Land Bank – asking for screening consideration on the side of the pool facing their trail.
Ms. Hutchinson from Donaroma’s summarized the site plan and added the Mays are willing to improve the sight line by removing the trees between the pool and kitchen window. A four-foot high fence with 1” X 1” mesh will be installed in a custom frame and have self-locking gates. The gaps between the stones in the stone wall will be filled with mortar to eliminate the ability to get a foot-hold and climb the wall. The pool is sited approximately 60 feet from the house. Mr. Murphy asked if there was a way to site the pool closer to the house. Mr. Alley added that the Board approved David Grain’s pool location that was 60 feet from the house.
Abutter Frank Dunkl said he does not have a problem with the pool’s location and asked if the Mays would consider using the same pool filtration system that is being used by his neighbor Mr. Oberfest. Mr. Dunkl added that this pool will not need a second drainage system – as with Mr. Oberfest’s pool – because this is a gunnite pool. Mr. Oberfest’s is a vinyl-lined pool. He added that Mr. Oberfest told him he is pleased with his chlorine-free filtration system.
The Board drew lines from the two corners of the house to the outside corners of the pool and asked if the applicant would be willing to keep the area between the two lines free of visual obstructions. This would also mean moving the location of the proposed gazebo. The applicant agreed.
After further discussion a motion was made to approve the site plan as revised, noted and signed by the Board with the following conditions: 1. The plan will meet all of the Town’s standard pool conditions. 2. As indicated on the revised site plan there shall be an unobstructed view from the kitchen, dining room and deck to the pool. 3. A chlorine-free, copper/ion Eco-Smarte filtration system shall be installed. 4. A screening plan between the pool and Land Bank trail shall be approved by the ZBA Chairman. 5. The proposed gazebo shall be relocated outside the open sight line as shown n the signed 6/12/07 site plan. 6. The pool equipment shed shall be sound proofed.
The motion was seconded and unanimously approved.
ADMINISTRATION: The Board acknowledged receipt of the StateMassachusetts dock license notification for Mr. Don Hurley’s existing docks—Map 33 placeLot 62. There was no comment. Ms. Weldon asked and the Board agreed to discuss Article 6 Section 6.6 at the July 10th meeting.
With no further business to discuss the meeting adjourned at 8:15 PM.
Respectfully submitted by Chuck Hodgkinson CAS.
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