FINAL
Present for the Board of Appeals and attending the meeting were: Peter Knight, Chairman, Allison Burger, Allen Healy, Russell Maloney, Wendy Weldon, Frank LoRusso and Chuck Hodgkinson. Also attending were Chris Alley, Ted Rosbeck, Sergio Modigliani, George Sourati, Glenn Provost, Alex MacDonald, Maureen Strafford, Emma MacDonald and Mike Zimmerman. Chris Murphy and Barbara Armstrong were absent.
The meeting came to order at 5:00 PM. Mr. Knight appointed Ms. Burger and Mr. Maloney as voting members for the first hearing. Mr. Healy will replace Ms. Burger as a voting member on the remainder of the agenda. The site visits took place on April 26.
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: Mr. Knight opened the public hearing at 5:10 PM. Mr. Sourati thanked the Board for agreeing to continue the originally scheduled hearing to tonight. He summarized the original plan and the changes that have been made since the application was submitted. A terrace has been added with an 18” high retaining wall and three steps down to grade level. Mr. Sourati reviewed his letter outlining how the proposal meets the requirements of the amended pool bylaw that was approved at Town Meeting on April 25. He added the pool is 25 feet from the east lot line; 44 feet from the west lot line and 70 feet from the south lot line as shown on the site plan dated
April 20, 2011. Mr. Sourati presented details of the fence enclosure and reiterated the pool water will not have an auxiliary heater. Lastly, he shared a proposed landscaping plan and added the owner would prefer to eliminate the additional landscaping along the stone wall on the east lot line.
Mr. Knight read the Site Review Committee report dated 1/13/11 which was its assessment of the original plans. He added the Board received the required letters of consent for the original plans from the Mayhew’s and the Christy’s. Mr. Knight asked if the Site Review Committee and neighbors have seen the new plans. Mr. Sourati said the Site Review Committee has not and he does not yet have the letters of consent from the neighbors on the new proposal.
After discussion Mr. Sourati requested a continuance to May 25, 2011 @ 5:10 PM to allow time to review the new plans with the Site Review Committee and the neighbors. A motion was made to accept the request. It was seconded and with no discussion unanimously approved with five in favor—Knight, LoRusso, Weldon, Burger and Maloney. Mr. Healy heard the testimony but was not appointed as an eligible voter for tonight.
CHRIS ALLEY FOR STEPHEN MORMORIS; Article 4 Section 4.2A3; 33 Quenames Rd.; Map 11 Lot 56: Ms. Burger left the meeting and Mr. Knight appointed Mr. Healy as a voting member for the remainder of the evening’s agenda. Mr. Knight opened the public hearing at 5:48 PM. Messrs. Alley and Rosbeck summarized the plans to construct a 16’ X 40’ in-ground swimming pool; a 10’ X 44’ terrace and the required four-foot high safety fencing in a location that meets the minimum 50-foot setback distance from the lot lines. The fence will have vertical balustrades with 3” spacing and three self-locking gates. The pool equipment will be on the side of the guesthouse. The pool water will not have an auxiliary heating system.
The Board asked if the pool equipment will be housed in a sound-insulated shed. Mr. Rosbeck said it will not be in an enclosed shed or underground vault because the motor is barely audible. The Board pointed out its experience has required sound proofing for all pool-related equipment. Mr. Rosbeck added the newly approved bylaw does not make sound insulation a mandatory requirement. The Board commented pool equipment noise is the number one concern with pools and said it prefers sound insulation for all pool equipment. The new bylaw also gives the Board the authority to require it. After further discussion and with no additional comment from the audience a motion was made to close the hearing at 6:03 PM. The motion was seconded and unanimously approved. A subsequent
motion was made to approve the site plans as presented and dated 3/7/11, 4/27/11 and 10/27/98 with the following special conditions: 1. The Fire Chief shall approve the stand pipe location before it is installed. 2. The pool-related equipment shall be housed in a fully enclosed, sound-insulated shed in the location shown on the site plan dated 10/27/98. 3. No supplemental pool water heating system will be installed without first obtaining a special permit from the Zoning Board of Appeals. The motion was seconded and unanimously approved with five in favor.
GLENN PROVOST FOR GRIN ACRES FAMILY LP; Article 4 Section 4.2A3h&i; 15 Nickerson Farm Lane; Map 21 Lots 10, 13, 14: Mr. Knight opened the public hearing at 6:05 PM. Mr. Provost summarized the plan to install a geo-thermal pool water heating system for a previously permitted in-ground swimming pool. Mike Zimmerman, the engineer for the water heating system outlined how the house and pool will have geo-thermal heating and cooling. He estimated 1 BTU of electricity would provide 6.8 BTU’s of heat for the pool which assumes the home’s air conditioning is in use while the pool water is being heated. He added heating the pool water while the air
conditioning is in use increases the A/C efficiency by + 7 percent.
Mr. LoRusso commented that the Board members are not engineers and usually ask the applicant hire an independent consultant chosen by the Board to verify data. Mr. Modigliani who is not associated with the project and is not an abutter commented that the Board’s independent consultant, Everett Barber is not a registered engineer and thought the Board should find a replacement for Mr. Barber. He asked if Mr. Barber has the expertise to analyze a geo-thermal system. The Board explained it has been working with Mr. Barber for several years and has had no issues. All of the pool water heating systems that were proposed under the previous bylaw were approved as meeting the intent of the bylaw specifications. The previous approvals include one geo-thermal system. The Board thanked
Mr. Modigliani for his comments and said they will take them under advisement.
After discussion the Board asked if the water heating design and data have been sent to Mr. Barber. Mr. Provost said he sent it to Mr. Barber a few days ago and has not yet received his assessment. Mr. Provost asked for a continuance to May 25 @ 5:20 PM to allow more time for Mr. Barber to review the proposal. A motion was made to accept the request. The motion was seconded and unanimously approved with five in favor.
FOLLOW UP DISCUSSION FEINBERG POOL WATER HEATING SYSTEM; 10 Allen Farm Rd.; Map 25 Lot 20.11: Mr. Provost shared the Mr. Barber’s report on the pool water heating system. The pool was approved on January 26, 2011 with a condition that the heating system is first reviewed by Mr. Barber and the Board. After discussion of the report a motion was made to approve the pool water heating system as proposed. The motion was seconded and unanimously approved with five in favor.
DISCUSSION SACKS GUESTHOUSE SPECIAL PERMIT FOLLOW UP; 11 Chappaquoit Road; Map 24 Lots 209, 216: Chuck H. read a letter from the Building Inspector stating Mr. Sack’s guesthouse plans meet the floor area requirements outlined in the bylaw. The Board accepted Mr. Jason’s assessment.
ADMINISTRATION: The review of the meeting minutes for February 23, 2011 was deferred to the next meeting.
The next ZBA meting will take place on May 25, 2011 @ 5:00 PM at Town Hall.
With no further business to conduct the meeting adjourned at 7:00 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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