FINAL
Present for the Board of Appeals and attending the meeting were: Chris Murphy, Chairman, Allison Burger, Barbara Armstrong, Allen Healy and Chuck Hodgkinson. Also attending were Everett Poole, Lenny Jason, George Sourati, Joe Tierney, Nancy Aronie, Reid Silva, David Feinberg, Alex MacDonald, Ted Rosbeck and Everett Healy.
The meeting came to order at 5:00 PM. Mr. Murphy appointed alternate Mr. Healy as a voting member for the evening’s agenda.
DISCUSSION WITH LENNY JASON: Mr. Murphy thanked Mr. Jason for attending the meeting and explained he would like to discuss attorney Dan Perry’s opinion that the current pool bylaw is vague but, does require a Special Permit for an indoor pool because an indoor pool meets the definition of a pool as outlined in Section 2.22 of the zoning bylaws as amended on April 25, 2011. Mr. Murphy said he wants to make sure the Board of Appeals is on the same page as the Building Inspector and Zoning Enforcement Officer on this matter.
Mr. Jason said he disagrees with Mr. Perry’s opinion because when the pool bylaw was originally written the Planning Board did not want to regulate the interior of a structure. An indoor pool does not affect an abutter. The bylaw does require a Special Permit for an outdoor pool because an outdoor accessory structure can affect a neighbor. Mr. Murphy pointed out that the opinion is based upon the current amended pool bylaw that added the definition of a pool in Section 2.22. An indoor pool meets this definition. The Board’s primary concern is they want to make sure indoor pools have child safety features much like outdoor pools.
After much discussion Mr. Jason recommended obtaining an opinion from the Town’s legal counsel, Ron Rappaport.
JOE TIERNEY FOR DIANA BARRETT AND ROBERT VILA; Article 8 Section 8.3; 183 State Rd.; Map 33 Lot 115: Mr. Murphy explained there are only four voting members present. It will require unanimous approval of all four members to receive a Special Permit and gave Mr. Tierney the option of postponing the hearing to December 19. Mr. Tierney decided to go forward and Mr. Murphy opened the public hearing at 5:20 PM. Mr. Tierney summarized the plan to alter a pre-existing, non-conforming structure that does not meet the minimum 50-foot setback distance from the east lot line by enclosing an existing 12’ X 15’ raised deck for a screened porch with a roof cover and building a new, 36’ X 14’ ground-level deck outside the
main entrance. Mr. Tierney confirmed that this building is not a guesthouse but is a second dwelling as allowed in the subdivision rules and regulations because the lot is more than six acres. Mr. Jason said the screen porch is not increasing the structure’s non-conformity because the footprint is not changing. Mr. Murphy read the Site Review Committee report and abutter Adam Zoia’s letter of support for the project for the record. Chuck H. said the Conservation Commission will review the project on December 19.
Abutter Mr. Poole was asked if he had any comments and he said he did not. Mr. Murphy confirmed the letter of support was from the abutter closest to the new deck. With no further comment from the public a motion was made to close the hearing at 5:26 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the condition the Conservation Commission must also approve the project. The motion was seconded and passed unanimously with four in favor.
NANCY ARONIE; Article 4 Section 4.2A3; 1 West Meadow; Map 30 Lot 34: Before opening the hearing Mr. Murphy explained there are only four voting members present and gave the applicant an option to postpone the hearing to December 19th. Ms. Aronie thanked the board and chose to postpone the hearing to December 19 @ 5:20 PM. This will also give her time to get more details on the pool water heating system.
CONTINUED PUBLIC HEARING GEORGE SOURATI FOR SWB LIMITED PARTNERSHIP; Article 11 Section 11.6A2b(1); 8 Greenhouse Lane; Map 33 Lo 30: Mr. Murphy explained the four voters present are eligible voters because they all attended the initial hearing on October 23 and gave Mr. Sourati the option of proceeding or postponing the hearing to December 19. Mr. Sourati chose to open the continued hearing which was done by Mr. Murphy at 5:43 PM. Mr. Sourati summarized the revised site plan dated 10/26/12 and comments from the previous meeting and explained the proposed additional decking on the south side of the house facing the ocean has been eliminated from the plans. He said the Conservation Commission approved the plan as
amended which now includes only adding 80 sq. ft. of space in the shore zone (reduced from 245 sq. ft.) for a mud room with a half bath and closet and reconfiguring the driveway. He added the interior of the house will also be renovated.
Mr. Murphy read letters from Susan Jones and from the Wampanoag Tribe of Aquinnah for the record. Mr. Sourati commented Ms. Jones’ comments have all been satisfactorily addressed with the Conservation Commission. He further offered to honor the request of the Wampanoag Tribe to have a tribal member present during all excavation. With no comment from the public a motion was made to close the hearing at 5:50 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised plan as presented and dated 10/26/12. The motion was seconded and with no discussion passed unanimously with four in favor.
RE-OPEN PUBLIC HEARING REID SILVA FOR DAVID FEINBERG; Article 4 Section 4.2A3; 10 Allen Farm Rd; Map 25 Lot 20.11: Having been in attendance for the previous hearings Mr. Silva chose to proceed tonight. Mr. Murphy opened the public hearing at 5:51 PM. Mr. Silva introduced Mr. Feinberg and explained they would like to change the design of the approved pool fence to meet the specifications of the current pool bylaw as amended on April 25, 2011. A Special Permit was issued on January 26, 2011 for the built-in swimming pool. Mr. Silva explained the new design uses a part of the house as the barrier and explained the doors accessing the pool will have alarms and the pool will have an automatic retractable cover.
With no comment from the public a motion was made to close the hearing at 5:55 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 10/19/12. The motion was seconded and with no further discussion passed unanimously with four in favor.
REID SILVA FOR BARBARA KIMBER; Article 4 Section 4.2A3; 16 Cross Rip Lane; Map 24 Lot 22: Mr. Silva said he would like to open the hearing as planned. Mr. Murphy then opened the hearing at 5:58 PM. Mr. Silva explained the plan for the built-in swimming pool that will not have an auxiliary water heater. He added the trees and vegetation between the house and pool location will be pruned and maintained as needed to open the direct sight lines from the house to the pool. The sound-insulated equipment shed will be on the back side of the existing play house. The Board asked if the equipment can be placed in an underground vault because the immediate neighborhood of houses is fairly tight. Chuck H. confirmed no comments have been received from abutters. Mr. Silva
explained it is much easier to have the shed triple-insulated than building an underground bunker because of plumbing and ventilation requirements. After brief discussion a motion was made to close the hearing at 6:10 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan dated 10/10/12 with the sound-insulated shed and the landscape plan dated 10/9/12 as presented. The motion was seconded and without further comment passed unanimously with four in favor.
DISCUSSION GEORGE SOURATO FOR JAMES ZUCKERNICK; Pool Special Permit; 42 State Rd.; Map 30 Lot 47: Mr. Sourati explained the applicant would like to change the shape of the approved pool from a kidney shape to a rectangle so the pool can accommodate a retractable pool cover. The distances of the sides of the pool closest to the three lot lines will not change. The pool will be three feet closer to the owner’s house. After brief discussion a motion was made to declare the change as inconsequential and approve it as presented and shown on the revised site plan dated 11/5/12. The motion was seconded and with no discussion passed unanimously with four in favor.
DISCUSSION REID SILVA FOR BLUE SKY MV, LTD. Pool Special Permit; 61 Cobbs Hill Rd.; Map 11 Lot 23.3: Mr. Silva explained the owner would like to move the pool and pool house 16 feet further away from the house to create space for a canopy he would like to add in front of the pool house. He added the Conservation Commission prefers the move because it keeps the canopy out of the buffer zone. He also said the Commission also approved the canopy if it was added to the pool house in its current location understanding the ZBA may have sight line concerns with the proposed relocation. After much discussion about the Board’s compromise to allow the
new pool to remain in the approved location it felt a new location that was even farther away from the main house would be a significant change. Mr. Silva understood and agreed to leave the pool in its current approved location as documented in the Special Permit. The Board added that all special conditions on the Special Permit still apply.
ADMINISTRATION: The October 23, 2012 meeting minutes were reviewed and approved as presented by consensus.
The next meeting will be held 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 6:50 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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