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Zoning Board of Appeals Minutes 05/25/11
FINAL
Present for the Board of Appeals and attending the meeting were:  Peter Knight, Chairman, Allison Burger, Frank LoRusso, Barbara Armstrong, Chris Murphy and Chuck Hodgkinson.  Also attending were Chris Alley, Glenn Provost, Sergio Modigliani, Reid Silva, Alex MacDonald, Maureen Strafford and David Sauter.  Russell Maloney, Allen Healy and Wendy Weldon were absent.

The meeting came to order at 5:00 PM.  Mr. Knight appointed Ms. Burger as a voting member for the evening’s agenda.  The site visits took place on May 24.    

DAVID SAUTER DISCUSSION-KALKIN SPECIAL PERMIT; 285 South Rd.; AP 24-162; Article 8 Section 8.3:  Mr. Sauter explained the Board issued a special permit to convert a pre-existing, non-conforming shed into a detached bedroom.  He reviewed a request to change a window to a door on the west elevation and add a skylight.  After brief discussion a motion was made declaring the changes as inconsequential thus not requiring the hearing to be re-opened.  The motion was seconded and unanimously approved with five in favor.  The revised proposed plans were signed and dated 5/25/11.

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 explained that technically there are only three eligible voters who were present when the hearing was opened last month.  Since this proposal is different than the original submitted with the application the Board explained that Mr. Sourati may continue the hearing to next month or if acceptable to him, appoint members Murphy and Armstrong as eligible voters provided he present the entire proposal as done last month.  Mr. Sourati chose to re-open the hearing tonight with the five present voters.  Mr. Knight opened the continued public hearing at 5:10 PM.  

Mr. Sourati 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.  He added they have additional information with land elevations that the Site Review Committee did not have at the May 11th meeting.  He presented this as the site plan dated May 17, 2011.  Mr. Sourati also pointed out the fence on the east lot line was moved four feet away from the stone wall as requested.

Mr. Knight read the May 11 Site Review Committee report and the two letters of consent from abutters within 100 feet of the construction for the record.  After brief discussion and with no comment from the audience a motion was made to close the hearing at 5:25 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 5/17/11 as presented with the following special condition:  1. The Fire Chief shall approve the stand pipe location before it is installed.  The motion was seconded and with no discussion passed unanimously 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 explained to Mr. Provost there are only two eligible voters present and explained he has the options of continuing the hearing to next month or agree to having members Murphy, Armstrong and Burger as eligible voters – provided he review the entire application as done last month.  Mr. Provost chose to re-open the hearing tonight.  Mr. Knight opened the continued hearing at 5:30 PM.  Mr. Provost summarized the plan to install a geo-thermal pool water heating system for a previously permitted in-ground swimming pool.  He reviewed Mr. Barber’s analysis and letter dated 5/18/11 and the response from Mike Zimmerman, the engineer for the water heating system dated May 23, 2011.           Mr. Provost added the proposed water heating system is energy efficient and will not use propane to heat the pool water.  The Board discussed the proposed system and concluded it is consistent with the requirements of the newly amended pool and tennis court bylaw.  Mr. Provost further offered to accept a condition if the Board chooses that states the pool water will not be heated by propane or oil-fired furnaces.  He added the pool will have cover that will only be open 12 hours per day during the season.  

After brief discussion a motion was made to close the hearing at 5:45 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the geo-thermal water heating system as presented with the following special conditions:  1. An automatic, retractable pool cover shall be installed.  2.  As offered by the applicant, no oil or propane-fired heating apparatus will supplement the geo-thermal pool water heating system.  The motion was seconded and with no discussion unanimously approved with five in favor.  

REID SILVA FOR LINDA GREENBERG; Article 8 Section 8.3B; 12 Larsen Lane;                 AP 27.1-202:  Mr. Knight opened the public hearing at 5:50 PM.  Mr. Silva introduced Ms. Greenberg and proceeded to summarize the plan to enclose an existing ground-level deck with a screened porch and roof.  The footprint of the deck/porch will not change.  The closest point of the deck is approximately 6 feet from the east lot line.  He added out of necessity the rendition may change slightly to bring the porch roof closer to the ridge.  The Board agreed.

Mr. Knight read a letter from the Conservation Commission with its comments on the proposal.  The entire house is within the 100-foot buffer zone of a bordering vegetated wetland.  The Board discussed the letter and thought the suggestions were quite reasonable.  With no discussion from the audience a motion was made to close the hearing at 5:58 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised plan dated 5/17/11 with the following special conditions:    1. The Building Inspector shall approve the final roof line of the porch provided the footprint does not change.  2.  The use of the screened porch shall not be converted into a room with year-round, habitable space without first applying for an additional special permit from the Zoning Board of Appeals.  The motion was seconded and with no discussion passed unanimously with five in favor.
 
ADMINISTRATION:  The February 23 and April 27th meeting minutes were reviewed and approved as presented by consensus.

Mr. Knight thanked the Board for its support while serving for the past eight years.  He added that he is planning to resign because of increased commitments and time pressures.  The Board thanked Mr. Knight and after much pleading could not persuade Mr. Knight to reconsider.  

The next ZBA meeting will take place on June 22, 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.