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Zoning Board of Appeals Minutes 05/23/12
FINAL
Present for the Board of Appeals and attending the meeting were:  Allison Burger, Frank LoRusso, Chris Murphy, Wendy Weldon, Russell Maloney and Chuck Hodgkinson.  Also attending were Reid Silva, Chris Alley and Carole Hunter.  Barbara Armstrong and Allen Healy were absent.

The meeting came to order at 5:00 PM.  Mr. LoRusso appointed Mr. Maloney as a voting member for the evening’s agenda.  The site visits for this meeting took place on May 22.    

DISCUSSION CHRIS ALLEY FOR RICHIE GUERIN, JESSE BENTON TRUST; Article 4 Section 4.2A3; 19C Old Woods Road; Map 30 Lot 73:  Mr. Alley summarized that a Special Permit was issued for a built-in swimming pool on Dec. 14, 2011.  The owner would like to add a hot tub to the plan.  Mr. Alley asked the Board if this is an inconsequential change or should the hearing be re-opened.  The new pool bylaw refers to MA. Building Code Section 780; CMR 120.M:  This regulation (421.10.1-enclosures) states pools and hot tubs shall have a barrier as defined in this code.

Mr. Alley pointed out the hot tub is within the approved four-foot high pool barrier.  He explained its water circulation plumbing and water heating system will be independent and separate from the pool plumbing.  He added the hot tub will be covered in the winter.  After brief discussion a motion was made to declare the hot tub proposal as an inconsequential change provided it is installed as proposed and has a cover.  The motion was seconded and unanimously approved.

CAROLE HUNTER FOR NAN ROTHSCHILD-COOPER; Article 6 Section 6.6; 21 Ridge Hill Road; Map 11 Lot 16.1:  Mr. LoRusso opened the public hearing at 5:10 PM.  Ms. Hunter summarized the plans to construct a 640 sq. ft. detached garage in a location that does not meet the minimum 50-foot setback distance from the lot line.  The proposed garage is approximately 40 feet from the property line.  It will have no heat, no plumbing but will have electricity.  There will be no habitable space.

Mr. LoRusso read a letter of consent from Sheriff’s Meadow Foundation, the abutter whose property is within 100 feet of the proposed garage.

With no comment prom 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 12/2/11 and elevations hand-dated 5/23/12.  Further, the garage will have no habitable space, heat or water service plumbing.  It will have electric service.  The motion was seconded and approved unanimously with five in favor.  

DISCUSSION REID SILVA FOR GARNIC ASSOCIATES, LLC; Article 4 Section 4.2A3; 275 South Rd.; Map 24 Lot 163.4:  Mr. Silva explained a Special Permit was issued for this built-in swimming pool on February 22, 2012.  He asked if several changes to the approved pool fence plan would be considered inconsequential or requires the hearing to be re-opened.  He added the pool is built and a fence is around the pool.  After much discussion the Board agreed the change would be a significant change to the approved plan.  They further suggested reviewing the proposal with the Building Inspector to see if it complies with the pool enclosure specifications outlined in the recently amended pool bylaw.  Mr. Silva thanked the Board and agreed.  He said he would return to the Building Inspector for a more detailed review and submit a new application – if necessary.

ADMINISTRATION:  The February 22, 2012 meeting minutes were reviewed and approved as presented by consensus.

The Board discussed its policy for annual rotation of the Chairman and Vice Chairman roles that should take place at the first ZBA meeting following the Annual Town Meeting.  After brief discussion of tenures a motion was made to appoint Mr. Murphy as Chairman and Ms. Weldon as Vice Chairman.  The motion was seconded and passed unanimously with five in favor.

With no further business to conduct the meeting adjourned at 6:10 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.