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Zoning Board of Appeals Minutes 02/22/12
FINAL
Present for the Board of Appeals and attending the meeting were:  Allison Burger, Frank LoRusso, Chris Murphy, Wendy Weldon, Allen Healy and Chuck Hodgkinson.  Also attending were Reid Silva, Phil Forest, Liz Gude and Dan Greenbaum.  Barbara Armstrong and Russell Maloney were absent.

The meeting came to order at 5:00 PM.  Mr. LoRusso introduced Ms. Stella Delfina LoRusso Glickman to the Board.  After unanimous agreement that Stella most certainly takes after her grandmother, Mr. Healy was appointed a voting member for the day’s agenda.  The site visits for this meeting took place on February 21.    

REID SILVA FOR GARNIC ASSOCIATES, LLC; Article 4 Section 4.2A3; 275 South Rd.; Map 24 Lot 163.4:  Mr. LoRusso opened the public hearing at 5:12 PM.  Mr. Silva summarized the plan to construct a 20’ X 60’ built-in swimming pool with required four-foot high safety fencing.  The associated sound-insulated pool equipment shed will be located under a deck.  The pool will not have an auxiliary water-heating system.  The Board asked if the Fire Chief has approved the proposed stand pipe location.  Mr. Silva said he has not.

The Site Review Committee letter was read for the record.  The Board asked if the Certificate of Occupancy for the primary dwelling was issued at least two years ago.  Mr. Silva said he has tried to get the specific issuance date but, has not yet been able to meet with the Building Inspector.  After discussion, with no abutter letters and no comment from the public a motion was made to close the hearing at 5:20 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented and dated 1/20/12 with the following special conditions:    1. The proposed stand pipe location shall be approved by the Fire Chief before a Building Permit is issued.  2.  The Building Permit shall not be issued until the Building Inspector confirms the Certificate of Occupancy for the primary dwelling was issued at least two years before February 22, 2012.  The motion was seconded and with no discussion approved unanimously with five in favor.

LIZ GUDE; Article 6 Section 6.6; 0 South Road; Map 29 Lot 13:  Mr. LoRusso opened the public hearing at 5:25 PM.  Ms. Gude summarized the plan to install an array of photo-voltaic panels in a location that does not meet the minimum 50-foot setback distance from the lot line.  The array will be approximately 16 feet long, 10 feet wide and 12 feet above grade.  The pole will be located 48 feet from the northeast lot line.  Mr. Forest reviewed the site plan and simulated photos of the structure and added he mistakenly installed the pole less than the minimum setback distance from the lot line.

The Site Review Committee report was read for the record.  Mr. LoRusso also read the letter of consent for the setback relief from Rachel Bernstein, the abutter whose property line is within 100 feet of the structure.   

The Board pointed out that the edge of the panels is closer to the lot line than the pole.  Ms. Gude said she mailed the simulated photos of the pole and panels to Ms. Bernstein before she gave her consent in writing.

Abutter Dan Greenberg of 491 South Road added he enthusiastically supports the project.

With no further public comment a motion as made to close the hearing at 5:32 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented and hand-dated 2/22/12.  The motion was seconded and with no discussion passed unanimously with five in favor.

DISCUSSION REID SILVA FOR EDNA BARRY; 22 Larsen Lane; Map 27.1 Lot 45:           Mr. Silva said the Board issued a special permit under Article 8 Section 8.3 on 2/23/11.  It called for altering a pre-existing, non-conforming structure.  He said the owner would like to change the aspect of the front stairs from being parallel to the front of the building facing Larsen Lane to being perpendicular to the building.  He added the changed stairway would put the stairs approximately 9 inches closer to the lot line as shown on the site plan dated 2/22/12.  After discussion a motion was made to declare the change as inconsequential.  The motion was seconded and unanimously approved with five in favor.

ADMINISTRATION:  The December 14, 2011 meeting minutes were reviewed and approved as amended by consensus.

With no further business to conduct the meeting adjourned at 5:42 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.