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Zoning Board of Appeals Minutes 01/23/13
FINAL
Present for the Board of Appeals and attending the meeting were:  Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Barbara Armstrong, Russell Maloney, Allen Healy and Chuck Hodgkinson.  Also attending were Kate Warner, Jay Lagemann, Todd Christy, Alex Macdonald, Jonathan Klaren and Mike Tomkins.  Frank LoRusso and Allison Burger were absent.

The meeting came to order at 5:00 PM.  Mr. Murphy appointed Alternate Board members Healy and Maloney as voting members to the evening’s agenda.    

KATE WARNER FOR RUTH B. HARRIS; Article 11 Section 11.6C2a; 1 Wequobsque Road; Map 30 Lot 46:  Mr. Murphy opened the public hearing at 5:05 PM.  Ms. Warner reviewed the plans to renovate and expand the existing historic single-family residence.  The expansion will include a new wing off the east side of the house and a screened porch on the north side.  A new foundation will also be installed.  The existing roof ridge height will increase from 21.5 feet above mean, natural grade to approximately 22.5 feet above grade with the new foundation.  All of the additions will meet the minimum 25-foot setback distance from the lot lines.  The construction is on a 0.6-acre parcel.  She added the Historical Commission has approved the designs and she also met with the Site Review Committee which also endorsed the plan.  The Board of Health asked that the seal on the septic tank be checked for leaks that may exist because of the house’s very low use over the past few years.

Mr. Murphy recognized the abutters in the audience and read a letter from Todd and Jennifer Christy for the record.  Mr. Lagemann handed a letter from Marianne Neill which was also read for the record.  Both letters focused on the neighbor’s desire to widen Wequobsque Road’s ingress and egress access off of State Road for safety reasons.  If this was accomplished Lagemann Lane that is on Mr. Macdonald’s property would be closed and abandoned.  The Board recalled the same requests over the past few years when another Wequobsque Road neighbor applied for and received Special Permits for a built-in swimming pool and a guesthouse.

The Board commented that it was determined this request is not within its jurisdiction and is a matter that should be resolved among neighbors and the Massachusetts Highway Department.  The key issue is Mr. Christy’s and Mr. Macdonald’s lots do not have deeded easement rights to use Wequobsque Road which is why they access their properties off of Lagemann Lane.

Messrs. Macdonald and Lagemann both expressed the desire to seek a neighborly solution and asked the Board to delay granting the Special Permit to provide one month to work with the Harris family.  Ms. Warner commented there are no Zoning Bylaws requiring private roads to be changed when home renovations are planned and that this request is not a requirement of the specific bylaw that regulates the proposed plans under review this evening.  The Board expressed its sympathy toward the situation, agreed with Ms. Warner and reiterated its position that this is not within its jurisdiction.

The Board asked of there is a Wequobsque Road Association and if so, suggested engaging those members to perhaps agree upon a new road entrance.  After much discussion the Board brought the attention back to the Special Permit application and proposal.  The Site Review Committee report was read for the record.  The Bylaw was reviewed and there were no questions about whether or not the plans meet the requirements of the bylaw.  With no further comment from the public a motion was made to close the hearing at 6:02 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented.  The motion was seconded.  With no discussion the motion passed unanimously with five in favor.

Mr. Murphy asked for a motion that would enable him to send a letter to the Harris family asking them to work with the neighbors on solving the Wequobsque Road issues.  A motion to do so was made and seconded.  In discussion Mr. Murphy said he will work with Chuck H. in drafting the letter.  The motion came to a vote and passed unanimously with five in favor.

Ms. Weldon said she has another commitment and must leave the meeting.

DISCUSSION MIKE TOMPKINS FOR DAVID FEINBERG; Article 4 Section 4.2A3; 10 Allen Farm Road; Map 25 Lot 20.11:  Mr. Tomkins thanked the Board for its time and mentioned he is here at Reid Silva’s request to review a proposed new location for the pool equipment on a pool Special Permit that was approved on January 26, 2011.  The approved location is in an underground concrete bunker.  The owner would like to change this and locate the pool equipment in the existing structure that was converted into a pool house as shown on the site plan dated 12/12/10.  The Board asked if the pool house is sound insulated.  Mr. Tompkins said it was.  A motion was made to declare the proposed change as inconsequential and thus, not require the hearing to be reopened.  The motion was seconded and unanimously approved with four in favor.  A subsequent motion was made to approve the proposed new location for the pool equipment in the sound-insulated pool house.  The motion was seconded and unanimously approved with four in favor.
 
ADMINISTRATION:  The December 19, 2012 meeting minutes were reviewed and approved as presented by consensus.  The 2012 Annual Report was also approved.

The next meeting will be held on Wednesday, February 27, 2013 @ 5:00 PM with site visits on February 26th @ 3:00 PM.  

With no further business to conduct the meeting adjourned at 6:20 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.