FINAL
Present for the Board of Appeals and attending the meeting were: Peter Knight, Wendy Weldon, Barbara Armstrong, Frank LoRusso, Chris Murphy and Chuck Hodgkinson. Also present: Chris Alley, Kris Horiuchi, Billy Meegan, Helen Anderson, Marcia Cini, George Sourati, Gary Harcourt, Debra Cedeno, Mary Anna Eaton, Granville White, Josh Flanders, Russell Maloney, Tim and Lucy Scanlon, Patrick Crosgrove, Susan Heilbron, Andy Goldman, Helen Parker and Riggs Parker. Allison Burger was absent.
The meeting opened at 5:00 PM and Peter Knight was unanimously appointed acting Chair until the April Town Meeting. Alternate, Barbara Armstrong was also appointed as a voting member for the evening’s agenda.
ABEJA MAIN HOUSE; MARK KINGSBURY WALLACE, TRUSTEE; 8 Clam Point Cove Road; Map 33 Lot 123; Article 8 Section 8.3: Josh Flanders reviewed the approved plans for the new single-family residence on this property. He mentioned the sliding glass door specification had to change because the approved is no longer manufactured. He added the new design will have an additional 3 feet of glass. The glazing on the first floor, basement windows will also change. One of these windows will be smaller, eight will be larger and all will be lower to the ground than originally proposed. The total glass area is now 9 percent less than the plan presented to the Site Review Committee – down from 15 percent less glass as approved by the ZBA. After brief discussion a motion was made to
characterize the changes as inconsequential. The motion was seconded and unanimously approved. A second motion was made to approve the changes as presented. The motion was also seconded and unanimously approved.
DAVID HANDLIN FOR BENJAMIN HEINEMAN; 26 Cygnet Way; Map 24 Lot 33.1; Article 4 Section 4.2A3: Mr. Handlin reviewed the approved plan for a built-in swimming pool. He added that Mr. Heineman would like to change the pool’s location and outlined the approximate location on the site plan. The Board said this is a significant change to the approved plan and a new application would need to be filed for the change. Mr. Handlin thanked the Board for its time.
CHRIS ALLEY FOR CHILMARK HOUSE LLC (DAVIES); Article 4 Section 4.2A3; 12 Stone Ridge; Map 25 Lot 135: Mr. Knight opened the continued public hearing at 5:10 PM to review the changes to the affinity pool as proposed on December 17th. Ms. Horiuchi presented a revised site plan and explained the pool is now a standard built-in pool -- not an affinity pool --and will be 50 feet long instead of 47 feet as originally proposed. The width will not change. The pool will now have a retractable cover to help retain the heated water that would otherwise be lost to evaporation. Six roof-mounted photovoltaic panels are also proposed to generate enough electricity to run the electric hot air heat pump water heating
system for a 12 month period. The Board mentioned it has approved similar plans in the past but only if the solar panels can generate enough power over a twelve month period to run all of the pool-related equipment – such as a water heater and filtration system. With no comment from the audience a motion was made to close the hearing at 5:35 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as revised and shown on the site plan dated 1/20/10 with the following conditions: 1. All of the standard pool conditions are met including having the Fire Chief approve the stand pipe location. 2. A revised solar panel plan will be designed and a revised report from the Town-approved independent engineer will be prepared and approved by the ZBA Chairman. The plan and report will include enough solar panels to generate the power needed to run all of the electric pool-related equipment on a
12 month basis. The motion was seconded and unanimously approved.
BILLY & EMILY MEEGAN; Article 4 Section 4.2A1; 170R Middle Rd.; Map 12 Lot 34.2: Mr. Knight opened the public hearing at 5:41 PM. Mr. Meegan summarized his plan to convert an existing detached 800 sq. ft. bedroom structure into an 800 sq. ft. guesthouse by installing a kitchen. He added he has a 4.4-acre lot and there are only two habitable dwellings – the main house and this detached bedroom. There is also a separate wood shop. A representative of the Girl Scout Council who is an abutter asked how the guesthouse will be used. Mr. Meegan added the guesthouse will not be rented to people who might complain about Girl Scout generated noise. It is intended for family use. With no further comment from the audience a motion was made to close the hearing at
5:44 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the floor plan as presented and dated 12/12/09. The motion was seconded and unanimously approved.
BILLY MEEGAN FOR TOM & LUCY SCANLON; Article 4 Section 4.2A1; 16 West Farm Lane; Map 12 Lot 28: Mr. Knight opened the public hearing at 5:45 PM. Mr. Meegan introduced Patrick Crosgrove and Tim and Lucy Scanlon. Mr. Crosgrove summarized the plan to construct a detached 800 sq. ft. guesthouse in a location that meets the minimum 50-foot setback distance from the lot lines. The roof ridge height will not exceed 18 feet above mean natural grade. Mr. Meegan added the plan has been approved by the Planning Board, Board of Health and Meetinghouse Road Architectural Review Committee. Mr. Knight read the Site Review Committee’s report for the record and asked for the total area of the guesthouse. Mr. Meegan said it will be 797 sq. ft. as defined in the bylaw. He
added the back deck will have a roof covering but no knee walls. The walkout basement will be for storage only and have no interior access. With no comment from the audience a motion was made to close the hearing at 5:56 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and dated 1/20/10 R with two conditions: 1. The covered deck will never be closed in nor have knee walls installed. 2. The basement is for storage only and will not have interior access. The motion was seconded and unanimously approved.
GEORGE SOURATI FOR TIMOTHY & MARY ANNA EATON; Article 4 Section 4.2A4; Map 18 Lot 14.4; 29 Tilton Farm Road: Mr. Knight opened the public hearing at 6:00 PM. Mr. Sourati introduced Mary Anna Eaton and Gary Harcourt. Ms. Eaton explained she is applying for the wind turbine special permit because it will help reduce the property’s carbon footprint when the new single-family residence is built on the 9-acre parcel. She added the property is used from April – Thanksgiving and she has a great deal of respect for her property, its development and wants to hear everyone’s concerns with the proposal. Mr. Sourati presented the site plan and described the features of the 149-foot high wind turbine. Mr. Harcourt added it is 55 inches wide at the base and 35 inches
wide at the top of the pole, it is one of the quietest turbines available, it has a maximum of 40 revolutions per minute and is sited at least 150 feet from all lot lines. The proposed location is the high ground of the property.
Chuck H. read the Town bylaw for wind turbines and Article 5 Section 5.9 regarding exterior mechanical noise abatement. Mr. Harcourt presented manufacturer-supplied data for the wind turbine’s noise at various distances and wind speeds. The distances however were more than 150 feet from the turbine which does not satisfy the noise limits outlined in the Town’s bylaw. Mr. Harcourt mentioned he does not have data to satisfy the bylaw requirements. He added the turbine needs at least 7.8 MPH of wind speed to turn the blades.
The Board opened the hearing to public comment. Ms. Parker explained that no one knows the long term impact these machines and their constant noise might have on people. There is data that substantiates a condition called vibra-acoustic syndrome and post traumatic distress that is caused by having continual exposure to noise. She added when she served on the Conservation Commission an approved building site on a vacant lot in Spring Point was changed because a wind turbine was installed too close to the proposed building envelope. The result was the Town sacrificed wetlands to accommodate a wind turbine. Ms. Cini explained she is representing a property owner off Tabor House Road. She pointed out that the Town has worked so hard over the years to preserve the rural character of the
community. She asked if another form of alternative energy production was considered for the new house such as geo-thermal or solar. These methods seem to be less intrusive on abutting neighbors. Mr. Maloney explained his house is outside the 1,000 foot radius and was shocked when he saw the 149-foot crane from his living room. He also read a letter for the record. He summarized by saying it seems as if wind turbines have benefits for one with detriments to many others.
Mr. Knight read the Site Review Committee report for the record. He also read a letter from direct abutters Doug and Molly Cabral, abutters Ron Nation and Saul Gordon, care taker for a resident on 176 Middle Road.
After discussion among the Board Mr. Sourati requested a continuance to talk with the Cabrals, digest the comments made and revise the scope of the proposal. Mr. Knight explained the Board does not automatically grant continuances and asked if Mr. Sourati is proposing a significant change to the plan. Mr. Harcourt answered by explaining it is possible to return with a wind turbine that is 115 feet high to the tip of the blade – instead of 149 feet. The Board commented that given the testimony and comments heard tonight it did not think this is necessarily an appreciable change from the current proposal. Mr. Sourati asked for permission to change his request to withdraw the application without prejudice. A motion was made to accept the request to withdraw the application without
prejudice. The motion was seconded and unanimously approved.
GRANVILLE AND LYNNE WHITE; Article 4 Section 4.2A4; Map 7 Lot 61; 89 Middle Road: Chuck H. read an email requesting a continuance to February 18, 2010 to allow time to schedule a site visit of the ZBA and Site Review Committee on March 10 to evaluate the wind turbine’s proposed location and height. A motion was made to accept the request. The motion was seconded and unanimously approved.
MINUTES & ADMINISTRATION: The December 17, 2009 meeting minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
The Board reviewed the 2009 Annual Report and unanimously approved it.
With no further business to discuss the meeting adjourned at 8:35 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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