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Zoning Board of Appeals Minutes 09/26/12
FINAL
Present for the Board of Appeals and attending the meeting were:  Wendy Weldon, Vice Chairman, Frank LoRusso, Allison Burger, Russell Maloney, Allen Healy and Chuck Hodgkinson.  Also attending were Reid Silva, Jamie Atkins, Chris Alley, Sergio Modigliani, Gilbert and Donald Wilcox, Kris Horiuchi and Lenny Jason.  Chris Murphy and Allison Burger were absent.

The meeting came to order at 5:00 PM.  A motion was made to appoint Vice Chairman Wendy Weldon as acting Chair for the evening’s agenda.  The motion was seconded and unanimously approved.  Ms. Weldon then appointed Alternates Russell Maloney and Allen Healy as voting members.  The site visits for this meeting took place on September 25.    

DISCUSSION LENNY JASON:  Mr. Jason asked the Board to clarify the memo sent to him by the Chairman, Chris Murphy dated 9/12/12.  Mr. Silva was in attendance and explained the background about the Special Permit and pool fence at 275 South Road; Map 24 Lot 163.4.  The Board understood the issue and said it must approve the pool fence change so the correct site plan can be filed with the Special Permit at the Registry of Deeds.  It seems there were miscommunication and a misunderstanding.  Mr. Jason thanked the Board and said he will speak with Mr. Murphy.  

CHRIS ALLEY FOR CHILMARK HOUSE, LLC (DAVIES); Article 4 Section 4.2A3; 12 Stone Ridge; Map 25 Lot 135:  Ms. Weldon opened the public hearing at 5:10 PM.  Ms. Horiuchi reviewed the proposed change to the pool enclosure design for an existing in-ground swimming pool.  The owner would like to change the fence design to comply with the specifications of the amended pool bylaw.  The four-foot high glass barrier between the pool deck and the house will be removed.  Alarms will be installed on the doors that provide access to the pool and the sealed windows facing the pool will be replaced with sliding doors.  The Board thought the original pool fence that was installed under the old bylaw had better safety features but agreed the proposed change meets the less stringent fence specifications of the amended bylaw.  With no discussion from the public a motion was made to close the hearing at 5:18 PM.  The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan     “L 2.0” as presented and dated 8/13/12.  The motion was seconded and with no discussion passed unanimously with five in favor.

REID SILVA FOR JOHN AND JAMIE ATKINS; Article 8 Section 8.3 A, B; 80 State Road; Map 30 Lot 6:  Ms. Weldon opened the public hearing at 5:20 PM.  Mr. Silva summarized the plan to build an addition onto a pre-existing, non-conforming residential structure that does not meet the minimum setback distance from the lot line.  The addition is 31.6 feet from the southeast lot line.

Ms. Weldon read the Site Review Committee report for the record.  She also read the letters from abutter Peter Solomon dated 9/4/12 and 9/13/12 for the record.  The Board asked if the Board of Health has seen the plan and Mr. Silva said it has not.  He added the Conservation Commission has approved the plan with conditions, one of which is the addition can only have a slab-on-grade foundation because it is an expansion in the buffer zone of a Bordering Vegetated Wetland.
With no comment from the public a motion was made to close the hearing at 5:27 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented and dated 8/16/12 with the following special conditions:  1. The Conservation Commission special conditions are met.  2.  The Board of Health approves the plan.  The motion was seconded and with no further discussion passed unanimously with five in favor.

GILBERT WILCOX; Article 8 Section 8.3; 14 Harbor Hill Rd.; Map 27.1 Lot 103:  Ms. Weldon opened the public hearing at 5:30 PM.  Mr. Wilcox summarized the plan to build a 2’ X 4’ addition to expand the bathroom on a pre-existing, non-conforming residential structure that does not meet the minimum setback distance from the lot line.  The roof ridge height will not exceed that of the existing structure and will be lower than 18 feet above mean natural grade.  He said the extra room will allow him to replace the folding boat sink in the bathroom with a fixed indoor sink.  Chuck H. mentioned the Conservation Commission will review the plan at its October 3 meeting.  With no comment from the public a motion was made to close the hearing at 5:40 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented and dated 9/5/12 and the elevation dated 9/5/12 with the following special condition:  1. The Conservation Commission approves the plan.  The motion was seconded and with no discussion passed unanimously with five in favor.

DISCUSSION SERGIO MODIGLIANI FOR FRANK SICA; Map 14 Lot 26; Map 20 Lot 32:  Mr. Modigliani thanked the Board for its time and reviewed a plan to relocate an approved pool location 11 feet closer to the house.  A bench between the pool and house will be removed.  The Special Permit for this pool was issued on 12/14/11.  After brief discussion a motion was made to declare the proposed change as inconsequential and approve the revised plan as presented and dated 9/25/12.  The motion was seconded and unanimously approved with five in favor.  The approved site plan was signed by the Board.

DISCUSSION CHRIS ALLEY FOR ROBIN SHANUS; Map 27 Lot 3:  Mr. Alley summarized a proposal to change the approved pool location for a Special Permit issued on 10/13/09 for      Map 27 Lot 3.  After reviewing the special conditions for this Special Permit a motion was made to declare the proposed location change as inconsequential and approve the new location – provided all other special conditions are met.  The motion was seconded and passed unanimously with five in favor.  The revised site plan dated 8/23/12 was signed by the Board.   

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

The Board agreed to schedule the October meeting on Tuesday, October 23 @ 5:00 PM instead of Wednesday, October 24 to ensure the required five members will be available for a continued hearing that was opened on July 25.  The site visits will take place on Monday, October 22 @ 3:00 PM.

With no further business to conduct the meeting adjourned at 6:00 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.