FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Frank LoRusso, Wendy Weldon, Chris Murphy, and Chuck Hodgkinson. Also present: Roland Kluver, Doug Sacks, Chris Horiuchi, Don Reese, John and Fran Demers, Phil Hollinger, Susan Scheuer, Jonathan Lipnick, Sarah Kimber, John O’Keefe, Emily Gadd, Max McCreery, Lenny Jason, Alexia Jason, Robert Townes and Kent Healy. Barbara Armstrong was absent.
Mr. Rossi opened the meeting at 7:00 PM.
MINUTES: The April 15, 2008 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and voted unanimously in favor.
SACKS BUILT-IN SWIMMING POOL; MAP 24 LOTS 209, 216; ARTCLE 4 SECTION 4.2A3: Mr. Rossi opened the continued hearing at 7:10 PM. Mr. Kluver and Ms. Horiuchi presented a revise site plan dated May 12, 2008 with proposed screening and new pool and spa locations that are south and downgrade of the main house. Mr. Kluver stated the Division of Fisheries Natural Heritage and Endangered Species Program (NHESP) declared the activity on Mr. Sacks’ lot is not a taking of habitat for state-listed endangered species. The landscape plan includes an array of native species that the NHESP recommended for re-planting.
Mr. Kluver summarized how the revised plans meet each of the requirements of the Town’s pool by-law and the Town’s pool specifications. The path lighting to the pool will comply with the Town’s outdoor lighting by-law. The Board asked if people will be able to sit on top of the 4-foot high stone wall and if this is a risk. Mr. Kluver pointed out that the wall will be 18 inches wide, built up to 30 inches on the pool side of the wall. He compared the design to a deck with sitting benches that meet building code requirements.
The Board pointed out that the red cedar trees will grow quite tall and reminded Mr. Sacks that he previously stated he would be amenable to view easements. Mr. LoRusso commented he does not want to see a neighbor having a problem with their view because of the added pool plantings. The Board pointed out the screening is called for in the specifications to help mitigate a neighbor’s specific view of and noise created by the pool. It is not intended to impair their water views.
Mr. Kluver said we can put in a height restriction or statement to ensure water view protection.
Ms. Horiuchi described how the pool equipment will be in an underground vault with a concrete cover. It will be accessed through a side door. She added a geo-thermal pool water heating system will be used as outlined in the by-law amendment and added the wells are in closed loops for the heat exchange.
Mr. Rossi read a summary of all of the abutter letters received between the last hearing and tonight aloud and for the record. When finished he opened the hearing to comments from the audience. Mr. O’Keefe wanted assurance that the pool would be filled from an off-site water source. This was confirmed as one of the Town’s pool requirements. Mr. O’Keefe asked if the height of the trees could be managed to protect his water view. The Board commented that a detailed study would be needed to determine which trees might affect each water view and then detail the maximum height for each tree to preserve the views. The applicant would need to do this and return to the Board with his assessment and proposals. Mr. O’Keefe added there may be noise screening benefits
of extra plantings as well as view hindering detriments. He commented the noise screening for Mr. Lipnick may hurt my water view. He asked if the Board would consider both possibilities.
Mr. Lipnick pointed out his house is the one closest to the pool and commented that Mr. Sacks already has outside speakers. Mr. Sacks stated he instructed Ms. Horiuchi to do whatever is necessary to mitigate the noise between our properties. Mr. Lipnick specifically asked if the Board would consider a condition that bans outdoor speakers by the pool.
Mr. McCreery explained how he and his wife are the only year-round residents in South Abel’s Hill and how they have had to endure the constant construction noise for nearly three years. At times it has started as early as 8:00 AM and lasted to 10:00 PM. The heavy construction vehicles shake his house when they go down Chappaquoit Road. He summarized by stating there has been a constant noise problem coming from this over-developed lot and he has concerns about how a pool might exacerbate the problem further. Mr. McCreery shared pictures taken from his sister’s house overlooking the proposed pool location.
The Board summarized the attributes of the plan and commented that it is probably the most thorough swimming pool plan they have received. After discussion and no further comment from the audience a motion was made to close the hearing at 8:45 PM. The motion was seconded and unanimously approved.
A subsequent motion was made to approve the plan as presented and dated May 12, 2008 with the following special conditions: 1. The pool will meet all of the Town’s standard pool conditions and specifications. 2. The ZBA will approve a set of view easements indicating the maintained maximum height of trees that affect abutting property owners’ water views on areas labeled as Sections A, B, C on the site plan. 3. Proof of filing with the Registry of Deeds shall be provided for the approved view easements, the special permit and site plan before a building permit may be issued. 4. No pool-related construction or pool-related planting shall take place between the dates of June 15 and September 15. 5. The location of the latch for the self-locking gate will be
determined by the Building Inspector. 6. No fossil fuels will be used as backup fuel source(s) for the geo-thermal pool water heating system. The motion was seconded and approved with a roll-call vote of Ms. Weldon aye, Mr. Murphy aye, Mr. LoRusso aye, Mr. Rossi aye and Mr. Knight aye.
LENNY JASON ARTICLE 4 SECTION 4.2A6; 346 NORTH RD.; MAP 20 LOT 98.2: Mr. Rossi recused himself from the hearing as an abutter and appointed Mr. LoRusso as Chairman. He explained that a unanimous vote of four in favor would be required and asked if Mr. Jason would like to continue the hearing to June when a full, five-member voting Board is present. Mr. Jason thanked the Board and asked to continue with the scheduled hearing tonight. Mr. LoRusso opened the public hearing at 9:25 PM. Mr. Jason summarized his plan to convert a barn that was built before January 1973 into a 3-bedroom, single-family guesthouse. There will be no additions and the visual character of those portions that are within public view shall be preserved. Mr. LoRusso read the Site Review Committee report
and approval of the proposal. He read a letter from the Board of Health indicating the septic plan is approved with the condition the existing well passes a water yield test. Chuck H. added the Conservation Commission will review the application on May 21.
After discussion a motion was made to close the hearing at 9:45 PM. The motion was seconded and unanimously approved with four in favor. A subsequent motion was made to approve the plans as presented and dated May 12, 2008. The motion was seconded and unanimously approved with four in favor.
With no further business to discuss the meeting adjourned at 10:00 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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