FINAL
Present for the Board of Appeals and attending the meeting were: Peter Knight, Chair, Frank LoRusso, Chris Murphy, Barbara Armstrong, Allison Burger, Allen Healy and Chuck Hodgkinson. Also attending were Reid Silva, David Feinberg, Gregory Mayhew, Michelle Mayhew, Jeremy Mayhew, Max McCreery, Fran and Phil Demers. Wendy Weldon and Russell Maloney were absent.
The meeting came to order at 5:05 PM.
REID SILVA FOR DOUGLAS & PATRICIA SACKS; Article 4 Section 4.2A3; 11, 15 Chappaquoit Rd; Map 24 Lots 209, 216: Mr. Knight appointed Alternate Allison Burger as a voting member for this petition and opened the hearing at 5:10 PM. Mr. Silva summarized the plan to convert the existing 792 sq. ft. detached two bedroom space that is in the second floor of a garage into a guesthouse by installing a kitchen. He referred the Board to a letter in the file from the Board of Health with its septic system approval. He added there are a total of nine bedrooms on the property – six in the main house; one in the detached studio and two in the garage.
Mr. Knight read a letter from abutter John O’Keefe for the record. Abutter Max McCreery commented that Mr. Sacks has not been responsive to Mr. O’Keefe’s requests to improve the condition of the road.
Mr. McCreery further commented how the Sacks’ development of the property over the past four years has altered the rural character of the neighborhood. He added his objection to the request for a guesthouse special permit because of its impact on the increased vehicular traffic and night light pollution it will create.
The Board thanked Mr. McCreery for his comments and added it unfortunately does not have the authority to address Mr. O’Keefe’s concerns. It further explained the plans for the guesthouse seem to meet the requirements of the bylaw.
The Board focused on the floor plans for the first and second floors of the garage. After discussion among the Board and with no further comment from the audience a motion was made to close the hearing at 5:40 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the application and site plan dated 4/18/06 with the following special conditions: 1. There shall be no habitable space on the first floor of the structure. 2. Before the kitchen is installed the Building Inspector shall confirm that the changing room and bathroom on the first floor as shown on the floor plan does not contribute to the guesthouse area and the guesthouse meets the maximum 800 sq. ft. size requirement of the bylaw. The motion was seconded and with no discussion
approved unanimously with five in favor.
PUBLIC HEARING REID SILVA FOR GREGORY AND JEREMY MAYHEW; Article 6 Section 6.4, 6.5, 6.6; 30 State Rd.; Map 30 Lot 48.2; 48.3: Ms. Burger announced she is an abutter to this property and cannot participate. Mr. Knight appointed Mr. Healy as a voting member for this petition and opened the public hearing at 5:45 PM. Mr. Silva summarized the site plan to create a 1.27-acre youth lot for Jeremy Mayhew. The youth lot has been approved by the Planning Board. Jeremy Mayhew meets Youth Lot requirements as outlined in the Bylaw. The Board of Assessors has assigned Map 30 Lot 48.3 to the Youth Lot. Mr. Silva added the Planning Board requires creating a new access roadway for the lot and said it must be approved by the Massachusetts Department of Transportation (DOT).
Mr. Knight read the Site Review Committee report for the record. With no further comment from the audience a motion was made to close the hearing at 5:48 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the petition and create the Youth Lot as shown on the site plan dated 6/25/10. The motion was seconded and unanimously approved with five in favor.
GEORGE SOURATI FOR JAMES B. ZUCKERNIK; TRUSTEE; Article 4 Section 4.2A3 and Article 6 Section 6.6; 42 State Rd.; Map 30 Lot 47: Chuck H. read an email requesting a continuance to February 23, 2011 @ 5:10 PM. The owner could not attend tonight’s hearing because of the snow and would like to be present. A motion was made to accept the request. The motion was seconded and unanimously approved.
REID SILVA FOR DAVID H. FEINBERG AND HOPE F. SCHROY, TRUSTEES; Article 4 Section 4.2A3; 10 Allen Farm Road; Map 25 Lot 20.11: Mr. Knight appointed Alternate Ms. Burger as a voting member for this petition and opened the public hearing at 5:55 PM. Mr. Feinberg introduced himself and thanked the Board for its time and attention. He added he has been working with his neighbors for over a year on a plan to redevelopment of his entire parcel. The pool is the first step. He has not yet decided if the current house will be razed and replaced with a new one. Mr. Silva summarized the site plan to construct a 50’ X 20’ heated, in-ground swimming pool plus a 6’ X 6’ spa with the required four-foot high safety fencing.
He added the pool equipment will be in an underground vault. Mr. Silva also pointed out the location of the current main residence and the location of a new house – should it be built at a future date as explained by Mr. Feinberg. Mr. Silva presented a separate site plan showing the sight lines from both the current house and the planned new one to the pool.
The Board commented that the pool’s location meets its safety guidelines from either house. It further pointed out how the portion of the pool’s four-foot high fencing that is a stone wall must have the outside mortared joints filled flush with the face of the wall so a child cannot get a firm foothold and easily climb the wall.
Mr. Knight read the Site Review Committee report for the record. After brief discussion a motion was made to close the hearing at 6:15 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 12/12/10 with the following special conditions: 1. The pool location is approved as shown for the current main house and the proposed new main house if it is built at a future date. 2. Before a building permit is issued the ZBA shall approve the final pool water heating system. 3. The mortar-filled joints of the stone wall used for safety fencing shall be filled and flush with the exterior face of the wall to inhibit a child’s ability to climb the wall to gain access to the pool. 4. The standard pool specifications shall apply. 5. The Fire Chief shall approve the location of the stand pipe. The motion was seconded and approved unanimously with five in favor.
ADMINISTRATION: The meeting minutes for December 15, 2010 were reviewed. A motion was made to approve the minutes as presented. The motion was seconded and approved by consensus. The FY 2010 ZBA annual report was reviewed and unanimously approved.
The next ZBA meting will take place on February 23, 2011 @ 5:00 PM at the Community Church.
With no further business to conduct the meeting adjourned at 6:25 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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