FINAL
Present for the Board of Appeals and attending the meeting were: Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Allison Burger, Frank LoRusso, Barbara Armstrong and Diana DeBlase for Chuck Hodgkinson. Also attending were Chris Alley, Kara Shemeth, Patrick Ahearn, Steve and Liz Lewenberg, Adam Lewenberg, John Larsen and Joan Hughes. Allen Healy and Russell Maloney were absent.
The meeting came to order at 5:00 PM. The site visits for this meeting took place on June 26.
CHRIS ALLEY FOR PETER MOSES; Article 4 Section 4.2A1; 11 East Lane; Map 32 Lot 72: Mr. Murphy opened the public hearing at 5:10 PM. Mr. Alley summarized the plan to construct a guesthouse in a location that meets the minimum 50-foot setback distance from the lot lines. The roof ridge height will not exceed 18 feet above mean, natural grade. The Board asked about the history of the property and the Clifton Parker Trust and subdivision. Mr. Alley reviewed the 1979 Planning Board covenants for the Clifton Parker Trust. He pointed out that Map 32 Lot 72, which is owned by Mr. Moses, is outside the covenant-restricted area. He added Mr. Moses purchased his lot before the subdivision was submitted and approved.
Mr. Ahearn reviewed the plans for the guesthouse and the eventual, new single-family residence that will replace the existing dwelling. Mr. Alley added that abutter Cynthia Oaks had concerns about the construction timeline and asked if construction could not take place during the summer months of June – August. Mr. Murphy commented that this request is not within the Board’s jurisdiction. Mr. Athearn however volunteered that if approved, he would agree to a condition that prohibits construction during the summer.
The Board asked about the garage that is a part of the guesthouse design and added it cannot be converted to living space lest the guesthouse would exceed the 800 sq. ft. maximum floor area. The Site Review Committee report was read for the record.
With no comment from the public a motion was made to close the hearing at 5:23 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan, elevations and floor plans as presented and dated 3/15/12 with the following special conditions: 1. The garage space below the guesthouse shall never be used or converted to habitable space. A deed restriction in perpetuity for this garage restriction shall be filed and recorded before a Building Permit may be obtained. 2. As offered by the architect Patrick Ahearn, no construction shall take place during June – August. 3. The Board of Health shall approve the septic system before a Building Permit may be obtained. The motion was seconded and with no discussion passed
unanimously with five in favor.
JOAN HUGHES FOR LIZ LEWENBERG; Article 4 Section 4.2A1; 3 Osprey Lane; Map 25 Lots 117.1, 122: Mr. LoRusso announced his wife is an abutter and abstained from the hearing. Mr. Murphy explained that the Board would now need to vote unanimously with four in favor to approve the Special Permit. Mr. Lewenberg said he understood and asked that the hearing proceed as planned. Mr. Murphy opened the public hearing at 5:25 PM. Ms. Hughes reviewed the plans to construct a 797 sq. ft. guesthouse in a location that meets the minimum 50-foot setback distance from the lot lines. The roof ridge height will not exceed 18 feet above mean, natural grade. The Site Review Committee report was read for the record. Mr. Lewenberg added this guesthouse is for the family and will never be
rented.
The Board asked if the basement will only have outside access and never become finished living space. This was confirmed by Ms. Hughes. With no further comment from the public a motion was made to close the hearing at 5:42 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 4/10/12 and the elevations and floor plans dated 6/27/12 with the following special conditions: 1. There will never be interior access to the basement. 2. The basement shall never be converted to or used as habitable space. The motion was seconded and with no discussion passed unanimously with four in favor.
REID SILVA FOR RONNIE PLANALP, TRUSTEE; Article 4 Section 4.2A3h; 275 South Road; Map 24 Lot 163.4: Mr. Murphy opened the public hearing at 5:45 PM. Mr. Silva reviewed the plan to construct and install a solar thermal pool water heating system for an existing in-ground swimming pool. The system will meet the minimum 50-foot setback distance from the lot lines. He added that the proposed system is different than the one submitted with the application. The fourth solar unit is in a different location but still meets the minimum 50-foot setback distance from the lot line. He added the plan is to partially bury the units so the top of the solar water heaters are only about two-feet above mean natural grade. Section h. of the bylaw was
read aloud.
With no comment from the public a motion was made to close the hearing at 6:00 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and site plan dated 6/6/12. The motion was seconded and unanimously approved with five in favor.
POOL FENCE DISCUSSION: Mr. Murphy asked if the Board could discuss the pool fence that was installed for the Planalp pool (originally Garnic Associates Special Permit). Mr. Silva asked if he could stay for the discussion and his presence was welcomed. There was much discussion about the proper procedure for an applicant to change the ZBA-approved pool fence design and location. Mr. Silva suggested asking Town Counsel for an opinion on how to interpret the Town’s amended pool bylaw and pool fencing specifications.
The Board agreed. Mr. Murphy asked each Board member to send Chuck H. their questions and he will meet with Chuck to draft a brief for Town Counsel opinion. He will also meet with Chuck to discuss how to clarify the amended bylaw for possible review at Town Meeting. The Board agreed.
ADMINISTRATION: The May 23, 2012 meeting minutes were reviewed and approved as presented by consensus.
With no further business to conduct the meeting adjourned at 6:34 PM.
Respectfully submitted by Chuck Hodgkinson, CAS for Diana DeBlase.
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