FINAL
Present for the Board of Appeals and attending the meeting were: Peter Knight, Chair, Wendy Weldon, Frank LoRusso, Chris Murphy, Barbara Armstrong, Russell Maloney and Chuck Hodgkinson. Also attending were Glenn Provost, Chris Alley, David Handlin, Kim Manter-Cottrill, Zee Gamson, David Sprague, Ted Rosbeck and Bill Milakeve. Allison Burger and Allen Healy were absent.
The meeting came to order at 5:00 PM.
MICHAEL BARCLAY FOR PATRICK LYONS; Article 4 Section 4.2A1; 57 Wequobsque Rd.; Map 30 Lot 116.2: Chuck H. read an email from Mr. Barclay requesting a continuance to December 15, 2010 @ 5:40 PM to allow time to obtain DOT approval of the new road plan. A motion was made to accept the request. The motion was seconded and unanimously approved with five in favor—Members Knight, Weldon, Maloney, Murphy and LoRusso.
DAVID HANDLIN FOR BENJAMIN HEINEMAN; Article 4 Section 4.2A3; 26 Cygnet Way; Map 24 Lot 33.1: Mr. Knight opened the public hearing at 5:20 PM. Mr. Handlin summarized the plan to change the location of a previously permitted in-ground swimming pool that was never built. The new proposal will have the required four-foot high fencing and detached, sound-insulated pool equipment shed. A passive solar energy system will be installed that will meet the specifications of the by-law and generate a surplus of energy after running the pool filtration equipment and an electric air heat pump water heating system over a 12-month period. Mr. Handlin added the owner is willing to keep the large bush between the house and proposed pool location trimmed to keep the sight lines clear. He also said
the photo-voltaic panels to supply power for the pool equipment and a portion of the house annual electricity consumption will be ground-mounted. The proposed pool equipment shed is less than the minimum 50-foot setback distance from the west lot line and will be less than four feet above grade. He added the Building Inspector thought this would not impose the minimum setback requirement because its height is less than four feet above grade. The patio as shown on the site plan will be a ground-level patio.
The Board commented that the equipment shed is a part of the pool apparatus; it will make noise and is therefore subject to the Town’s exterior mechanical equipment noise bylaw – Article 5 Section 5.9.
Mr. Knight read the Site Review Committee report and a letter from abutter Kathy Logue for the record. After discussion the Board concluded that the equipment shed must meet the minimum 50-foot setback requirement as outlined in the bylaw because it is needed for the pool and is therefore within the ZBA’s jurisdiction. While Mr. Heineman currently owns the abutting lot to the west it could be sold sometime in the future.
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 site plan as presented and hand-dated 11/17/10. The following additional features were also approved as they support the pool water heating amendment to the Bylaw: 1. A retractable pool cover will be installed to help retain pool water heat. 2. An air-source heat pump will be used to supplement the water heating plan. 3. Photo-voltaic panels will be installed on the property and will generate sufficient power to run all pool-related equipment over a 12 month period. The following additional special conditions shall also be met: 1. The stand pipe location shall be approved by the Fire
Chief before a building permit may be obtained. 2. The location of the sound-insulated pool equipment shed shall be changed to be at least 50 feet from the lot line. This shed will be less than four feet above natural grade. 3. The existing large bush on the west side of the house shall be pruned and maintained to keep clear sight lines from the house to the pool. 4. All standard pool regulations shall be met. 5. This special permit replaces and nullifies the pool special permit issued on June 9, 2009. The motion was seconded and with no further discussion unanimously approved with five in favor.
CHRIS ALLEY FOR RICHIE GUERIN; JESSE BENTON TRUST; Article 4 Section 4.2A3; 19C Old Woods Rd.; Map 30 Lot 73: Mr. Knight opened the public hearing at 5:40 PM. Mr. Alley summarized the plan to construct a 12’ X 28’ in-ground swimming pool, required four-foot high fencing and detached, sound-insulated pool equipment shed. The pool will not have a water heating system. A separate spa will have heated water. Mr. Alley shared a new site plan dated 11/17/10 with a new fencing plan. He also presented a plumbing site plan dated 11/16/10 to demonstrate the spa has a separate and exclusive plumbing system that is not connected to the pool in any way. He added the windows on the screen porch that face the pool will not be operable as indicated on the site
plan.
Mr. Knight read a letter from abutter Norm Freed for the record. The board commented that Mr. Freed’s issues with the buried power conduit on his property are significant but not within its jurisdiction. Abutter Zee Gamson commented that her house is approximately 400 feet from the pool. She also has a pool on the opposite side of her property—“pools in stereo”. She added that she is also speaking for other abutters – Maxine and David Stevens. She added the Stevens’ house is about 470 feet from the pool equipment shed. Given these distances Ms. Gamson asked if the Board would consider adding a condition for additional sound screening on the south side of the pool to help reduce noise.
The Board commented that a 400-foot separation between the pool and home is significant—when compared to an acre of land which is approximately 200’ X 200’. Ms. Gamson understood the board’s point and thanked it for its consideration.
With no further comment a motion was made to close the hearing at 6:05 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application as outlined and site plan as presented and dated 11/17/10 and the plumbing plan dated 11/16/10 with the following special conditions: 1. The stand pipe location shall be approved by the Fire Chief before a building permit may be obtained. 2. The spa plumbing shall never be connected to the pool in any way. 3. A door will never be installed on the west wall of the screened porch that is used as part of the pool fence enclosure. 4. All standard pool regulations shall be met. The motion was seconded and with no discussion unanimously approved with five in favor.
GLENN PROVOST FOR GRIN ACRES FAMILY LP; Article 4 Section 4.2A3; 15 Nickerson Farm Lane; Map 21 Lots 10, 13, 14: Mr. Knight opened the public hearing at 6:17 PM. Mr. Provost summarized the plan to construct a 20’ X 40’ built-in swimming pool with the required four-foot high safety fencing. The pool equipment will be placed under a detached bedroom structure. The pool or spa as shown will not have auxiliary water-heating systems. A Kris Horiuchi landscape plan dated 10/4/10 indicated the exterior face of the stone wall pool enclosure will have mortar-filled joints and the vegetation between the pool and house or detached bedroom will not exceed the height of the four-foot high pool enclosure.
Mr. Knight read letters from the owner and from one abutter—Emily Madoff for the record. Mr. Provost outlined that the owner purchased the property over two years ago with a principal dwelling that had an occupancy permit. The house was demolished after owning the property for one year. The Board agreed this situation meets the ownership requirements of the bylaw.
After discussion the Board agreed that additional screening is warranted. A motion was made to close the hearing at 6:50 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 9/21/10 with the following special conditions: 1. The stand pipe location shall be approved by the Fire Chief before a building permit may be obtained. 2. A landscape screening plan shall be approved by the ZBA (and Conservation Commission if necessary) before a building permit may be obtained. 3. The pool must be filled from an off-site water source. 4. The mesh of the fenced portion of the pool enclosure shall comply with the pool fence specifications. 5. All standard pool regulations shall
be met. The motion was seconded and with no further discussion approved unanimously with five in favor.
KIM MANTER-COTTRILL; Article 4 Section 4.2A2; 22 Line Drive; Map 11 Lot 47.2: Mr. Murphy recused himself as an abutter. Mr. Knight appointed alternate Mr. Maloney as a voting member for this application and opened the public hearing at 6:51 PM. Ms. Manter-Cottrill summarized her plan to operate a home real estate business – Manter Real Estate. The majority of the business will be conducted over the internet and no business-related physical changes will be done to the exterior of the buildings or property. With no comment from the audience or Board a motion was made to close the hearing at 6:55 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application as
outlined and grant the special permit for the home business. The motion was seconded and with no discussion approved unanimously with five in favor. The Board wished Ms. Manter-Cottrill good luck with her new venture.
ADMINISTRATION: The meeting minutes for October 20, 2010 were reviewed. A motion was made to approve the minutes as amended. The motion was seconded and approved by consensus.
The December meeting will be held on December 15 instead of December 22 because of the Christmas holiday.
With no further business to conduct the meeting adjourned at 6:57 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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