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Zoning Board of Appeals Minutes 09/28/11
FINAL
Present for the Board of Appeals and attending the meeting were:  Allison Burger, Frank LoRusso, Barbara Armstrong, Chris Murphy and Chuck Hodgkinson.  Allen Healy arrived at 5:13 PM.  Also attending were Michael Barclay, Reid Silva and Darran Reubens.  Russell Maloney and Wendy Weldon were absent.

The meeting came to order at 5:00 PM.  A motion was made to appoint Mr. LoRusso as Chair in accordance with the policies that were adopted at the July 27th meeting.  The motion was seconded and unanimously approved with 4 in favor.  A subsequent motion was also made to appoint Mr. Murphy as Vice Chairman.  The motion was seconded and unanimously approved with four in favor.  Mr. Healy was appointed a voting member for the day’s agenda after he arrived.  The site visits for this meeting took place on September 27.    

MICHAEL BARCLAY; Article 4 Section 4.2A3; 1 Osprey Lane; Map 25 Lot 117.2:  Mr. LoRusso opened the public hearing at 5:10 PM.  Mr. Barclay requested the Board’s approval to withdrawn his application for a built-in pool special permit.  He added he would like to submit a new application for the November 15th meeting.  With little discussion a motion was made to close the hearing at 5:11 PM.  The motion was seconded and unanimously approved with four in favor.  A subsequent motion was made to accept the request to withdrawn the application.  The motion was seconded and unanimously approved with four in favor.  Mr. Healy arrived at       5:13 PM.

Mr. Barclay asked for an informal discussion on his pool plan.  Mr. LoRusso recused himself from the discussion because his wife is an abutting property owner.  Mr. Barclay asked for clarification on how to interpret the amended pool and tennis court bylaw as it relates to state codes that are specified in the bylaw.  The Board commented that it has not yet had to apply the amended bylaw to a pool special permit application and plan.  It was unclear as to whether those attributes that are defined by the state building code are absolute specifications for designing a pool plan or, if the building codes establish the minimum standard that must be met.

After much discussion the Board agreed it needed to get an opinion from Town Counsel.  Mr. LoRusso and Chuck H. will write a brief for review.  

REID SILVA FOR LINDA GREENBERG; Article 8 Section 8.3 B; 12 Larsen Lane, North Fork; Map 27.1 Lot 217:  Mr. LoRusso opened the public hearing at 5:35 PM.  Mr. Silva summarized the plan to create a new 4.5 ft. wide enclosed entry and mud room (approximately 36 sq. ft. of space) in the previously approved screened porch.  The footprint of the screened porch will decrease by the amount of the new entry and the overall footprint of the house will remain the same.  The previously issued special permit for the screened porch had a special condition requiring the owner to apply for an additional special permit before any section of the screened porch was turned into year-round living space.

Mr. Reubens explained that he would like to increase the area of the proposed entry way from    36 sq. ft. to 43 sq. ft.  After much discussion about the last-minute change 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 plan as presented with the following special condition:  The total area of the entry and mud room may not exceed 43 square feet.  The motion was seconded and with no discussion unanimously approved with five in favor.

REID SILVA FOR MADOFF 1991 REALTY TRUST; Article 6 Section 6.6; 16 Nickerson Farm Lane; Map 21 Lot 9.1:  Before opening the hearing Mr. Silva asked for a 30-day extension.  He explained that the special permit application did not have the correct lot number – Lot 9.1 instead of 9.3.  Chuck H. explained that hearing would need to be re-advertised with the correct lot number and the abutters to lot 9.3 would need to be notified in writing.  A motion was made to extend the hearing an additional 30 days.  It will be scheduled for October 26 @ 5:10 PM.  The motion was seconded and unanimously approved with five in favor.  Mr. Silva signed the 30-day extension agreement.
  
ADMINISTRATION:  The July 27, 2011 meeting minutes were reviewed and approved as presented by consensus.

The Board agreed to hold next month’s meeting on Tuesday, November 15 @ 5:00 PM due to the Thanksgiving Holiday.  The site visits will take place on Monday, November 14 @ 3:00 PM.

With no further business to conduct the meeting adjourned at 6:12 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.