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Zoning Board of Appeals Minutes 12/14/11
FINAL
Present for the Board of Appeals and attending the meeting were:  Allison Burger, Frank LoRusso, Chris Murphy, Wendy Weldon, Barbara Armstrong, Russell Maloney, Allen Healy (arrived at 5:15) and Chuck Hodgkinson.  Also attending were Reid Silva, Sergio Modigliani and Chris Alley.

The meeting came to order at 5:00 PM.  Mr. Maloney was appointed a voting member for the continued Sica hearing.  The site visits for this meeting took place on December 13.    

CHRIS ALLEY FOR RICHIE GUERIN OF JESSE BENTON TRUST; Article 4 Section 4.2A3; 19C Old Woods Road; Map 30 Lot 73:  Mr. LoRusso opened the public hearing at 5:10 PM.    Mr. Alley summarized the history of the pool project.  He then reviewed the requested change to the plan as follows:  Construct a 14’ X 20’ in-ground swimming pool, required four-foot high fencing and detached, sound-insulated pool equipment shed.  The pool will not have an auxiliary water heating system or a separate spa.  It will have a seasonal rigid pool cover.  The previously permitted pool plan will be abandoned and replaced with this one.  The proposed pool will be on the north side of the house.  The previously approved pool was in a different location on the west side of the house.  

After brief discussion and with no comment from the public a motion was made to close the hearing at 5:16 PM.  The motion was seconded and unanimously approved with five in favor.  A subsequent motion was made to approve the site plan as presented and dated 10/12/11 with the following special condition:  1. This Special Permit replaces and nullifies the pool Special Permit issued on November 17, 2010.  The motion was seconded and with no discussion approved unanimously with five in favor.
 
REID SILVA FOR FRANK V. SICA; Article 4 Section 4.2A3 a.-h.; # 60 and # 68 Prospect Hill Road; Map 20 Lot 32 and Map 14 Lot 26:  Mr. LoRusso reminded the applicant that the eligible voters are Board members LoRusso, Murphy, Weldon, Burger and Maloney.  He then opened the continued public hearing at 5:18 PM.  Mr. Silva summarized the plan to construct a 20’ X 40’ built-in swimming pool with a geo-thermal heat pump water heating system and the required four-foot high safety fencing.  The plan also includes an 8’ X 74.5’ lap pool; a 24’ X 10’ pool house with a bar, shower and storage shed; a 24’ X 8’ mechanical/electrical shed and an 8’ X 8’ hot tub.

Mr. Modigliani offered that his client would agree to eliminate the existing pool on the abutting lot (Map 20 Lot 31) if the proposed pool is approved and after its Certificate of Occupancy (CO) is issued.  He added that the design of the stone wall barrier for the social pool on the side facing the main house has been revised to have a bench.  This would improve the sight line.

The Board discussed its observations made at the site visit and sight lines from inside the house—the entry way, a sunken family room, a bathroom and stairway with windows.  Several members had safety concerns because of the pool’s location, distance from the house and sight lines.  The Board asked and the applicant agreed to install an alarm that would sound in the main house and be activated when any of the pool’s self-locking gates is opened.  After much discussion and with no further comment from the public a motion was made to close the hearing at 5:55 PM.  The motion was seconded and unanimously approved with five in favor.  A subsequent motion was made to approve the application as outlined and three site plans as presented and hand-dated 12/14/11 with the following special conditions:  1.  The trees between the pools and the main house will be trimmed to open the sight lines and approved by the ZBA Chairman before a Certificate of Occupancy (CO) is issued.  2.  The lot lines for Map 20 Lot 14 and Map 32 Lot 26 will be formally changed and registered such that the main house, both pools and related structures and equipment are on one parcel.  The lot lines will be configured to have the principal dwelling and all accessory structures and mechanical systems in compliance with all required minimum setback distances.  3.  The existing pool on Map 20 Lot 31 will be demolished and filled in no more than 60 days after the CO is issued.  4.  As offered by the owner, no construction on the new pools or the existing pool shall take place between the dates of July 1 and September 15.  5.  An audible alarm system shall be installed on all pool gates and sounded in the main house in a manner that complies with MA. Building Code Section 780 CMR 421.10.1 alarm specifications 9.1.  The motion was seconded and with no further discussion passed with four in favor and one abstention (Ms. Burger).

ADMINISTRATION:  The November 15, 2011 meeting minutes were reviewed and approved as presented by consensus.

The FY 2013 budget was reviewed.  A motion was made to approve the budget as proposed.  The motion was seconded and unanimously approved with seven in favor.

With no further business to conduct the meeting adjourned at 6:25 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.