FINAL
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Frank LoRusso, Wendy Weldon, Allison Burger and Chuck Hodgkinson. Also present: Derrill Bazzy, John Abrams, Reid Silva, Jackie Mendez-Diez and Trudy Taylor. Chris Murphy, Peter Knight and Barbara Armstrong were absent.
Mr. Rossi opened the meeting at 7:00 PM and appointed alternate Board member Allison Burger as a voting member for the evening’s agenda.
REID SILVA FOR MATTHEW LICHTENBERG AND LEONARD BLUM, TRUSTEES; # 23 The Aerie; Map 20 Lot 53; Article 4 Section 4.2A3: Mr. Rossi explained to Mr. Silva that it is his option to open the hearing tonight with four voting members and that a favorable vote would require unanimous agreement among all four members. Mr. Silva decided to continue and open the hearing at 7:10 PM. He summarized the site plan to install a standard 120’ X 60’ tennis court with ten-foot high fencing and no artificial lighting. It is in a location that meets all required setback distances from lot lines and wetland buffer zones. The Board agreed the tennis court as sited is probably not visible from any of the abutting lots.
Mr. LoRusso mentioned that while making the site visit for the tennis court the stone wall fence around the built-in pool does not meet the Town’s required safety specifications. He added that he nimbly climbed the wall because the joints between the stones were not filled with mortar and flush with the outside surface. This would make it harder to get a firm footing and climb the wall. There is also one large boulder on the northeast corner of the wall that is easily scaled. He also mentioned that the self-locking gate latch is located in a spot where a child can easily reach over the top of the gate and unlatch the locking mechanism.
After discussion it was agreed the ZBA may specify the pool must be brought into compliance as a condition of a tennis court approval. This has been done in the past. The Board opened the discussion to the audience. Ms. Mendez-Diez said she does not object to the tennis court but added this property has been a noisy construction site for seven years and wondered when it would stop. With no further 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 tennis court as presented with the following conditions: 1. The built-in pool stone wall fencing and self-locking gate will be brought into compliance with the Town’s built-in swimming pool specifications as
follows: A. The joints between the stones on the four-foot high stone wall fencing will be filled in with mortar to create a smooth exterior surface that prohibits the ability to climb the stone wall. B. The self-locking gate latch will be relocated to a position that cannot be reached from outside the gate. C. If a self-locking gate alarm exists, it shall be confirmed that it is in good operating condition. D. When the work is completed a member of the ZBA shall inspect and provide approval that the pool is in full compliance with these conditions. E. The pool work will be completed and inspected before issuing a building permit for the tennis court. The motion was seconded and unanimously approved with four in favor.
ROLAND KLUVER FOR DOUGLAS SACKS; 11, 15 Chappaquoit Rd.; Map 24 Lots 209, 216; Article 4 Section 4.2A3: Chuck H. read an email request from Mr. Kluver to continue the hearing to January 13, 2009. The Board decided it will only grant a continuance one month at a time. A subsequent motion was made to accept the request and continue the hearing to December 9, 2008 @ 7:10 PM. The motion was seconded and unanimously approved with four in favor.
DERRILL BAZZY FOR LESLIE PROSTERMAN; 19 Eliot Avenue; Map 33 Lot 154; Article 11 Sections 11.6B and 11.6A2b(i)a: Mr. Rossi opened the hearing at 7:40 PM and explained to Messrs. Bazzy and Abrams that it is their option to open the hearing tonight with four voting members and that a favorable vote would require unanimous agreement among all four members. Mr. Abrams decided to continue and open the hearing at 7:40 PM. Mr. Abrams summarized the plan to add 336 sq. ft. to the existing structure and approximately 55 sq. ft. of the addition is in an area that is regulated as a shore zone. He added the addition will not exceed the height of the existing structure. Mr. Rossi read the Site Review Committee report and Board of Health memo for the record. Chuck H. added that the
Conservation Commission has approved the plan as presented. Mr. Rossi then read the emails from Leslie Prosterman and abutter Barbara Barre. Ms. Barre’s email confirmed that she has no objection to the plan. Mr. Rossi opened the hearing to the audience. Ms. Taylor mentioned she lives in front of Ms. Prosterman’s house and will not be impacted by the addition. She is attending to make sure the addition will not obstruct the water views of the other neighbors. Mr. Bazzy reviewed the plan in detail with Ms. Taylor. She subsequently agreed with the proposal.
With no further discussion a motion was made to close the hearing at 7:55 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan dated 9/26/08 and the elevations dated 10/2/08 as presented. The motion was seconded and unanimously approved with four in favor.
MINUTES & ADMINISTRATION: The October 14, 2008 meeting minutes were reviewed. A motion to approve the minutes as presented was made, seconded and voted unanimously in favor.
The next meeting will be Tuesday, December 9, 2008 @ 7:00 PM. The site visits will take place on Monday, December 1 @ 3:00 PM.
With no further business to discuss the meeting adjourned at 8:00 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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