FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Frank LoRusso, Wendy Weldon, Chris Murphy, Barbara Armstrong, Peter Knight and Chuck Hodgkinson. Also present: Mark Hurwitz, Bill and Roz Glazer, Thomas Bena, Kris Horiuchi, Roland Kluver, Mark Lanza, Andrew Fischer, Chris Alley, Ben Moore, Maxine Stevens, Max McCreery, Toni Chute, George Brush, Don Reese, Fran, Phil and John Demurs, John Abrams and Jonathan Lipnick. Allison Burger was absent.
Mr. Rossi opened the meeting at 7:00 PM.
ANDREW FISCHER YOUTH LOT; MAP 24 LOT 20: Mr. Fischer submitted a letter asking the Board’s permission to continue renting his small home that is on his youth lot on a year-round basis. He added that the Zoning Bylaw specifies a youth lot owner must meet with the Board annually to obtain permission. The Board thanked Mr. Fischer for being so diligent and forthright. A motion was made to approve the request. It was seconded and unanimously approved.
MARK HURWITZ FOR ROSELINE GLAZER: Mr. Rossi opened the public hearing at 7:10 PM and explained that the Board felt the proposed changes to the approved plans (11/13/07) to expand the pre-existing, non-conforming guesthouse were appreciably different and therefore required a new hearing. Mr. Hurwitz agreed and summarized how the plan has changed. After brief discussion and with no comment from the audience a motion was made to close the hearing at 7:20 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the new plan as presented with the condition that this plan voids the Special Permit issued on November 13, 2007. The motion was seconded and unanimously approved.
ROLAND KLUVER FOR DOUGLAS SACKS: Mr. Rossi opened the public hearing at 7:25 PM and explained that this is a new hearing resulting from the Court’s Remand Order dated August 22, 2008. A Joint Motion for this Remand Order was submitted to the Court regarding Mr. Sacks’ appeal of the approved Special Permit dated May 13, 2008 for a swimming pool. Mr. Rossi read Town Counsel’s opinion for the record explaining that this is a new application and hearing and the entire plan is open for review.
Mr. Lanza, attorney for Mr. Sacks, summarized his position that Mr. Sacks is happy with the approved Special Permit and is willing to comply with all of its conditions except condition # 2 requiring an easement be placed on his property. He is open to changing this to a restriction of the Special Permit that is enforced through the Zoning Enforcement Officer and Board as needed through due process. He further explained that Mr. Sacks is willing to grant the water view protection restrictions to Messrs. O’Keefe and McCreery but not to the Gadd residence. His position is that the Gadds cannot see the pool in its new, approved location because the house is between the pool and the Gadd’s residence. The trees along the north lot line (Gadd boundary) were not planted as screening for the
current pool location. Mr. Sacks is willing to have a neighborly “hand shake” agreement with the Gadd’s to maintain the water view but not in the form of a formal Special Permit restriction.
Mr. Lanza went on to say that he does not know why the Board would want to modify its approval of the current pool plan other than the view protection agreements because no appeals were filed on this plan by anyone other than Mr. Sacks.
Mr. Rossi explained that the Board may not discuss these matters outside the public hearing, identified the voting members (Murphy, Knight, LoRusso, Weldon and Rossi) and asked for the Board’s opinion. After discussion a consensus was reached that the entire application is open for review as outlined by Town Counsel.
Fran Demurs reminded the Board that the trees along Mr. Sacks’ north lot line were planted as screening for the original pool location that was north of the house and rejected by the Board for sight line safety reasons. Mr. Rossi acknowledged this and thought it might be possible to achieve the same conditions as outlined in the May 13, 2008 Special Permit with different enforcement mechanisms. We will see if Mr. Sacks is willing to bend a little with regard to the Gadd view protection agreement. He added that it seems as if Mr. Sacks is unwilling to offer a deed restriction that protects the Gadd water view because these trees do not screen the current pool location.
After much discussion a consensus was not reached as to why Mr. Sacks is willing to enter into a “hand shake” agreement with the Gadds but not a formal deed restriction. Mr. Rossi read a summary of several letters received from abutters for the record and then opened the hearing to the audience.
Mr. Lipnick explained his house is less than 100 feet from the proposed pool location. He explained that the raised terrace for the pool will nullify any intended noise dampening benefits from the proposed vegetated screening along his side of the pool. He does not think the noise from the pool can be screened at all because of this elevated “amphitheatre-like” feature. He proposed a new pool location that is further from his lot line and at ground level. John Abrams estimated the pool terrace is a full story above the ground level of the house.
Mr. Brush, attorney for Mr. Lipnick, reiterated the benefits of the proposed new pool location and pointed out the current pool location is in clear view from the Land Bank’s public beach lot across the pond and this is not allowed as expressed in the bylaw. Mr. Rossi said if this is true the Board will need to consider the pool’s impact on this public view.
Ms. Horiuchi commented that the current raised pool location was created to improve the sight lines from the house and enable Mr. Sacks to return the remaining area of his property that is south of the house to a meadow. She pointed out the septic tank is located in Mr. Lipnick’s proposed location and would have to be moved for a pool.
Mr. McCreery read a statement for the record.
Mr. Rossi asked Messrs. Lanza and Kluver if they think their client would consider a new pool location. They said this would have to be discussed with Mr. Sacks. After further discussion Mr. Kluver requested a continuance to November 12 @ 7:25 PM to allow time to consult with Mr. Sacks. A subsequent motion was made to grant the request which was seconded and unanimously approved.
CHRIS ALLEY AND BEN MOORE FOR MAXINE STEVENS: Mr. Rossi opened the public hearing at 9:10 PM and apologized to the applicants for the delay. Ms. Stevens thanked the Board for its hard work and expressed her appreciation and respect for how well they monitor the zoning bylaws and have preserved the Town’s unique and rural character. Mr. Moore reviewed the plans and Site Review Committee report for the proposed guesthouse and said they are willing to do whatever the Board requires. He added that the proposed guesthouse has 798 sq. ft. of living space with a roof ridge of 24 feet above mean natural grade. The Board reviewed the Article 11 Section 11.6C2b and agreed the proposed location exceeds the 100 foot setback from South Road.
The Board pointed out the bylaw explains that a screened porch is considered living space and in this case would put the total area over the 800 sq. ft. maximum. Mr. Moore agreed and said they will remove all of the screens and change the plan to an open-air covered porch. He pointed out the ½ basement foundation will only have a bulkhead door entrance from outside the structure. There will be no interior access. After brief discussion a motion was made to close the hearing at 9:30 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the amended plan as discussed and site plan dated 9/16/08. The motion was seconded. The Board then asked Mr. Moore to provide plans with the screens removed from the porch. He agreed. The
motion was voted unanimously in favor.
ZBA CHAIR: Mr. Rossi explained he would like to step down as chair to give others the opportunity to serve as Chairman. The Board discussed this at length and asked Mr. Rossi to stay on as Chair until one of the other members is willing to accept the responsibility. Mr. Rossi agreed.
MINUTES & ADMINISTRATION: The August 12, 2008 regular meeting and the March 11, 2008 Executive Session minutes were reviewed. A motion to approve the August 12 and March 11minutes as presented was made, seconded and voted unanimously in favor. The March 11, 2008 Executive Session minutes about the Lifestyle Development Corp. appeal may be released because the appeal was withdrawn without prejudice and the case is closed.
The next meeting will be moved from November 11 to Wednesday, November 12 @ 7:00 PM because of the November 11th Veteran’s Day holiday. The site visits will take place on Monday, November 3 @ 3:00 PM.
With no further business to discuss the meeting adjourned at 10:00 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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