FINAL
Present for the Board of Appeals and attending the meeting were: Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Allison Burger, Frank LoRusso, Russell Maloney, Barbara Armstrong, Allen Healy and Chuck Hodgkinson. Also attending were Diane Tillotson, Donald Poole, Everett Poole, Thomas Bena, Miles Jaffe, Kevin O’Flaherty, Lenny Jason, Joan Malkin, Adam Zoia, Nick Barfell, George Crawford, Wesley Cottle, Jessica Roddy, Chris Alley, Ken Iscol, George Sourati, Sergio Modigliani, Remy Tumin and Mark Lovewell.
The meeting came to order at 5:00 PM. Mr. Murphy announced the meeting is being filmed by Mr. Bena for his use in a planned documentary film and asked if there are any objections. Mr. Maloney’s concerns and objection were noted. The site visits for this meeting took place on October 22.
GEORGE SOURATI & SERGIO MODIGLIANI FOR SWB LIMITED PARTNERSHIP; Article 11 Section 11.6A2b(1); 8 Greenhouse Lane; Map 33 Lot 30: Mr. Murphy confirmed the voting members will be Board members Murphy, Weldon, Armstrong, Burger and LoRusso and opened the hearing at 5:05 PM. Mr. Sourati summarized the site plan and turned the presentation over to Mr. Modigliani. He outlined the plans to add less than 250 sq. ft. of net additions to the existing single-family residence. The work will renovate and build an addition to the main residence and entryway and add some decking. The addition consists of 80 sq. ft. of living space for a mud room, ½ bath and closet with a covered porch. Forty six sq. ft. of decking will be removed on the east side of the house and the stairs will be
removed. A new stair will be built on the ocean, south side on the retaining wall with + 140 sq. ft. of new, raised decking over the brick patio. The stair will add + 25 sq. ft. for a total of + 245 sq. ft. of additional structure. The existing exterior lights will be changed to down-shielded lighting. The interior of the house will also be renovated. The work is in the shore zone as defined in the Zoning Bylaws.
Mr. Murphy read the Site Review Committee report and a letter from Susan Jones for the record. Mr. Modigliani asked for the ZBA’s comments which are separate from the concerns raised by the Conservation Commission – which is still reviewing the application. The Board asked Mr. Jason if the hip roof overhang for the proposed mud room is included in the square footage calculation. He said it is not. The Board discussed that it would like to let the Conservation Commission conclude its deliberations as they may impact the final scope of work, footprint or location of what’s being proposed.
A subsequent motion was made to continue the hearing until Wednesday, November 28 @ 5:25 PM. The motion was seconded and with no discussion passed unanimously with five in favor.
GEORGE CRAWFORD FOR WESLEY COTTLE; Article 6 Section 6.6; 10 Arno Camp Road; Map 24 Lot 181: Mr. Murphy again confirmed the voters for this hearing as Board members Murphy, Weldon, Armstrong, Burger and LoRusso and opened the hearing at 5:26 PM. Mr. Crawford presented revised plans to build a 20’ X 32’ two-bedroom addition with a 6’ X 8’ connector to the existing one-bedroom camp. The angle of the addition was changed to match the profile of the existing structure. He
asked if the Board would consider allowing the final distance of the addition to be flexible because of in-ground boulders and said it would not be any closer than 25 feet from the west lot line. The Board commented the revised plan places the addition slightly closer to the house and farther away from the pond. Mr. Murphy read the three letters of consent from the abutters affected by the lot line impingement as outlined in the bylaw. The Site Review Committee report was also read for the record.
With no public comment a motion was made to close the hearing at 5:35 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised plan as presented and dated 10/23/12 with the following special condition: 1. The addition will be no closer than 40 feet from the west lot line. The motion was seconded. In discussion it was pointed out that the ZBA has ever approved a request for a range in setback relief because the abutters could disapprove of the final location. The motion came to a vote and passed unanimously with five in favor.
CONTINUED FROM JULY 25: DIANE TILLOTSON OF HEMENWAY & BARNES, LLP FOR KEN AND JILL ISCOL; Article 9 Section 9.9: Mr. Murphy explained this is the continued hearing from July 25th, confirmed the eligible voters are Board members Murphy, Weldon, LoRusso, Burger and Maloney and re-opened the hearing at 5:37 PM.
Ms. Tillotson explained she re-filed the appeal after receiving Mr. Jason’s letter and response dated July 21, 2012. She summarized the two consolidated appeals seek review of the refusal of the Building Inspector to revoke a building permit for an accessory building constructed on property owned by Adam D. Zoia c/o Zoia Properties, LLC at 18 Point Inner Way; Assessors Map 33 Lot 114, because of claimed zoning violations.
Mr. Murphy added the Board has obtained legal counsel’s opinions on several questions it had and summarized each question and answer as follows:
- Did the thirty-day appeal filing deadline expire (within 30 days of issuing the building permit for the accessory structure) before the appeal was formally filed with the Town Clerk? Yes.
2. Does the Building Inspector’s response delay of more than 14 days from receipt of the letter dated April 20, 2012 (Lenny responded about 60 days later -- July 21, 2012) permit the Iscol’s to file an appeal – before getting Lenny’s response? No.
- Has the appeal been filed properly—consistent with MGL Chapter 40A? Yes.
- Do the Zoia’s have a permitted right to build the accessory structure (detached bedroom and pool house) without a Special Permit—as outlined in Section 4.1 and 4.2A of the bylaws? Yes.
5. Is it too late for the Iscol’s to ask us to revoke the building permit? Yes.
- Does the indoor pool require a Special Permit? Yes.
- Does the hot tub, sauna require a Special Permit? No.
8. Is the Zoia pool subject to the regulations of the pool zoning bylaw Article 4 Section 4.2A3 as amended on April 25, 2011 by town voters? Yes.
- Can the ZBA permit the Iscol's access to the Zoia property to confirm the survey that was done by Schofield, Barbini & Hoehn? No.
Chris Alley of Schofield, Barbini & Hoehn gave the Board a certified, stamped as-built survey dated 10/22/12 of the structures that were questioned in Ms. Tillotson’s letter sent to the Building Inspector on April 20, 2012. This work was ordered by the Building Inspector when he received the April 20th letter. Mr. Jason said the building permit was issued on 1/8/11 and the Iscol’s had 30 days to appeal its issuance. They did not file an appeal within the 30 day period.
Ms. Tillotson agreed the appeal was not filed within the 30 day window because the Iscol’s had several discussions with the Zoia’s and was told everything would be in compliance. They were mis-led which is why an appeal was not filed. The large retaining walls along Point Inner Way prompted the letter to Mr. Jason on April 20th.
Mr. O’Flaherty representing the Zoia’s said the Iscol’s were aware a large construction project was taking place thorough email correspondence before the Building Permit was issued. If they had questions they should have asked to see the building plans that were on file with the building permit application. He concluded that a neighbor cannot wait 15 months while something is being built and then say I don’t like it.
Mr. Jason added that indoor pools do not impinge upon neighbors which is why indoor pools are not specified in the bylaw. Outdoor pools do impinge upon neighbors and therefore require a Special Permit.
Mr. Zoia added as soon as the zoning violations were identified in the letter to Mr. Jason the mistakes were corrected. The generator was relocated and the retaining walls were cut to meet the specifications and that do not require a Special Permit. The Board was asked if the Town ever gets as-built site plans for construction. Mr. Jason said no.
With no further comment from the public a motion was made to close the hearing at 6:18 PM. The motion was seconded and unanimously approved. After discussion among the Board about the request to revoke the building permit it was agreed it cannot be revoked at this late date. A subsequent motion was made to deny the appeal. The motion was seconded. In discussion it was agreed the zoning violations that were identified have been cured. The motion came to a vote and passed unanimously with five in favor.
ADMINISTRATION: The July 25, 2012 meeting minutes were reviewed and approved as presented with five in favor and two abstentions – Mr. Healy and Ms. Armstrong. The September 26, 2012 meeting minutes were reviewed and approved as presented with five in favor and two abstentions – Mr. Murphy and Ms. Burger.
The November meeting will take place as regularly scheduled on Wednesday, November 28 @ 5:00 PM. Due to the holidays, the Board agreed to schedule the December meeting on Wednesday, December 19 @ 5:00 PM with site visits on December 18 @ 3:00 PM.
With no further business to conduct the meeting adjourned at 6:48 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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