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Zoning Board of Appeals Minutes 02/23/11
FINAL
Present for the Board of Appeals and attending the meeting were:  Chris Murphy, Barbara Armstrong, Allison Burger, Allen Healy, Russell Maloney and Chuck Hodgkinson.  Also attending were Reid Silva, David Feinberg, Chuck Sullivan and Paul and Edna Barry.  Wendy Weldon, Frank LoRusso and Peter Knight were absent.

The meeting came to order at 5:00 PM.  The Board appointed Barbara Armstrong as the evening’s Chair.  Ms. Armstrong appointed alternate members Healy, Burger and Maloney as voting members for the evening’s agenda.  The site visits took place on February 22.    

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 March 23, 2011 @ 5:10 PM.  The owner could not attend tonight’s hearing and would like to be present.  A motion was made to accept the request.  The motion was seconded and unanimously approved.

CHUCK SULLIVAN FOR PAUL & EDNA BARRY; Article 8 Section 8.3; 22 Larsen Lane; Map 27.1 Lot 45:  Ms. Armstrong opened the public hearing at 5:20 PM.  Mr. Sullivan introduced the owners Paul and Edna Barry and summarized the plan to renovate and expand a pre-existing, non-conforming structure on a non-conforming lot that does not meet the minimum 25-foot setback distance from the lot line.  The proposed expansion does not increase the non-conformity of the structure.   A new front entrance will be added and a new shed will be built on the footprint of the existing shed with a finished sunroom added above.  A raised deck and stairway will also be added to the rear of the house.  

The Board read Article 8 Sections 8.2 and 8.3 and determined the proposal meets the requirements of the bylaw.  Ms. Armstrong read a letter from abutter Dick Burt for the record.  Mr. Barry and Mr. Sullivan said they will not have outside construction take place during the summer.  With no further comments 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 dated 1/20/11 and the elevations dated 1/26/11 with the following conditions.  1. The project will need approval from the Board of Health and Conservation Commission before obtaining a building permit.  2.  The owner has agreed to not have exterior construction take place between July 4 and Labor Day.  The motion was seconded.  In discussion one Board member questioned whether or not the Board should include construction time constraints.  The Board recognized Mr. Barry who said he will not object to the neighbor’s request.  The motion passed with four in favor and one abstention      (Mr. Murphy).   

REID SILVA FOR DAVID H. FEINBERG AND HOPE F. SCHROY, TRUSTEES; Article 6 Section 6.6; 10 Allen Farm Road; Map 25 Lot 20.11:  Ms. Armstrong opened the public hearing at 5:40 PM.  Mr. Silva summarized the plan to renovate, expand and change an existing structure and its use as a conforming barn to a non-conforming structure that will be used as a pool house.  The existing structure is approximately 38 feet from the lot line which does not meet the minimum 50-foot setback distance.  Chuck H. confirmed the Board has the required letters of consent from all affected abutters within 100 feet of the structure.

Ms. Armstrong read the Site Review Committee report for the record.  Mr. Silva explained the tree next to the structure will need to be removed for the expansion.  After brief discussion a motion was made to close the hearing at 5:50 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 and the floor plan dated 12/15/10 with the following special condition:  1. The project will need approval from the Board of Health before obtaining a building permit.  The motion was seconded and approved unanimously with five in favor.

Mr. Silva said he is not ready to review Mr. Feinberg’s water heating plan as conditioned in the pool special permit issued at the January 26th meeting.

DISCUSSION APPROVED GUESTHOUSE RENOVATION SPECIAL PERMIT FOR WALTER TELLER; Articles 6, 8; Sections 6.6, 8.3;  11 Lovies Cove Rd.; Map 33 Lot 125:  Chuck H. reviewed the proposed design changes that were provided by Billy Meegan.             Mr. Meegan wanted to know if the Board thought the changes were inconsequential.  After discussion the Board agreed a new application would need to be filed because of the structure’s close proximity to the lot line.  The required letters of consent from abutters within 100 feet of the structure will also be needed as outlined in the Bylaw.

ADMINISTRATION:  The meeting minutes for January 26, 2011 were reviewed.  A motion was made to approve the minutes as presented.  The motion was seconded and approved by consensus.    

The next ZBA meting will take place on March 23, 2011 @ 5:00 PM at Town Hall.

With no further business to conduct the meeting adjourned at 5:55 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.