Zoning Board of Appeals
Public Hearing September 15, 2009 @ 5:00 PM Town Hall
Final
Present for the Board of Appeals and attending the meeting were: Bill Rossi, Chair, Peter Knight, Chris Murphy, Frank LoRusso, Alison Burger, Nina Lombardi, Glenn Provost, Linda Fairstein, Josh Flanders, Chuck Sullivan, Brain and Kathleen Lee.
Mr. Rossi opened the meeting at 5:10 p.m.
MINUTES: The August 18, 2009 meeting minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
GLENN PROVOST FOR MARK KINGSBURY WALLACE, TRUSTEE; 8 Clam Point Cove Road; Map 33 Lot 123; Article 8 Section 8.3: Mr. Rossi opened the public hearing at 5:10 p.m. Mr. Provost summarized the plan to demolish and rebuild two pre-existing, non-conforming dwellings on a pre-existing, non-conforming, 1.3-acre lot. The existing three bedroom single-family residence does not meet the minimum twenty-five foot setback distance from the lot lines. The new dwelling will have five bedrooms and conform to the setback distance from the lot lines. The roof ridge will not exceed an average of eighteen feet above the mean natural grade. The second pre-existing, non-conforming 1,180 square foot guesthouse/dwelling has four bedrooms and does not meet the minimum setback distance from the lot lines. The
new guesthouse/dwelling will meet the 800 square foot size limitation for a guesthouse and be approximately 704 square feet; will be reduced from a two-story to a one-story dwelling and only have two bedrooms.
Mr. Rossi read the Site Review Committee report for the record. Architect Chuck Sullivan presented revised architectural plans dated September 14, 2009 in response to the Site Review Committee’s concerns that the initial architectural plans did not comply with Article 8 Section 8.3 and Article 5 Section 5.5 of the Town’s Zoning By-laws. The revised architectural plans addressed light pollution concerns associated with Article 5 Section 5.5 and made the following changes to the north evaluation: eliminated two windows, one French door, reduced the size of three windows, shortened “double-hangs”. The revised architectural plans proposed a 15% reduction of glare to the north evaluation. Mr. Sullivan also indicated that the Lees agreed to install light transmission reduction
windows that will reduce light emission to the outside from 25% to 50%.
The Board discussed the concerns of the Site Review Committee and how the Board appreciated their recommendation. However, the Board agreed that a substantial effort had been made by Mr. Sullivan and the Lees to address the concerns of the Site Review Committee expressed in their report.
The Board asked the audience for comments and Linda Fairstein, an abutter, asked when the construction is scheduled to be completed. Kathleen Lee said that she and her husband have made a verbal agreement with neighbors to not have construction during the summer months. Josh Flanders, the General Contractor, said he plans to begin construction as soon as a building permit is issued.
With no further comment from the audience a motion was made to close the hearing at 5:30 p.m. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and site plan dated 8/24/09; the main house plans dated 9/14/09 and the guesthouse plans dated 7/29/09 with the following special conditions:
1. The windows used for the north elevations of both the main house and the guesthouse will be special light transmission reduction windows. They will reduce light emission to the outside of no less than 25 percent of standard windows that meet current building codes.
2. No construction can take place from June 21 through Labor Day
The motion was seconded and unanimously approved.
ADMINISTRATION: The Board briefly discussed choosing a new meeting date in order to not conflict with the Selectmen’s meeting schedule on the first and third Tuesday of each month. The Board chose the third Thursday of each month at 5:00 p.m. as their new meeting date and time with site visits on the third Wednesday of each month at 3:00 p.m. in the winter, 3:30 p.m. in the summer pending Barbara Armstrong’s approval.
With no further business the meeting adjourned at 5:45 p.m.
Respectfully submitted by Nina Lombardi.
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