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Zoning Board of Appeals Minutes 02/27/13
FINAL
Present for the Board of Appeals and attending the meeting were:  Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Allen Healy, Russell Maloney and Chuck Hodgkinson.  Also attending were Reid Silva, Ben Robinson, Matt Mayhew, Everett Spees and Sally and Peter Cook.  Frank LoRusso, Barbara Armstrong 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.    

DISCUSSION REID SILVA FOR BLUE SKY MV, LTD (BLUE HERON FARM); Article 4 Section 4.2A3; 41 Cobbs Hill Road; AP 11-23.3:  Mr. Silva reviewed a revised site plan dated 2/27/13 with a proposed new location for the pool equipment and sound-insulated shed.  The Special Permit for this pool was issued on July 25, 2012.  After brief discussion a motion declaring the change as inconsequential was made, seconded and with no discussion passed unanimously with four in favor.  A subsequent motion was made to approve the proposed new location as presented.  The motion was seconded and with no discussion passed unanimously with four in favor.

EVERETT SPEES; Article 6 Section 6.6; 6 Tabor Hills; AP 19-16.4:  Mr. Murphy opened the public hearing at 5:10 PM.  Mr. Spees explained that Vineyard Generator installed an auxiliary generator that did not meet the minimum 50-foot setback distance from the lot line.  The Building Inspector required this after-the-fact Special Permit.  The required letters of consent from the three affected abutters whose lot lines are within 100 feet of the structure were read for the record.  One asked that the propane tank be buried which was confirmed at yesterday’s site visit.  Mr. Spees added he plans to install shrubs as additional screening this spring.  With no comment from the public a motion was made to close the hearing at 5:20 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented and hand-dated 2/27/13 with the following condition:  1. The additional screening shall be planted as soon as practicable.  The motion was seconded and with no further discussion passed unanimously with four in favor.

MATTHEW MAYHEW; Article 6 Sections 6.4, 6.5; 38 State Road; AP 30-48.1:  Mr. Mayhew requested his hearing be postponed to April 24, 2013 @ 5:05 PM because he needs more time to revise the lot lines of the subdivision because of a wetland that is on the property.  A motion was made to accept the request.  The motion was seconded and with no discussion passed unanimously with four in favor.

DISCUSSION BEN ROBINSON FOR ROBIN SHANUS AND STEPHEN MERKEL; Article 4 Section 4.2A3; 17 Howell Lane; AP 27-3:  Mr. Robinson reviewed several proposed changes to the approved built-in pool Special Permit and plan that was issued on October 15, 2009.  This permit has an extended expiration date to October 15, 2013 under the Massachusetts Permit Extension Act.  Mr. Robinson asked if the pool equipment could be relocated near the bunk house.  The Board asked if it will be enclosed in a sound-insulated shed.  Mr. Robinson said it was not planned but, could be accommodated.  The Board said this is a requirement.                Mr. Robinson also asked if the photo-voltaic panels that were approved to generate sufficient power to run the electric forced air heat pump to warm the pool water could be eliminated from the plan.  Lastly, Mr. Robinson asked if the pool safety fencing could be changed from the bronze fencing to a split rail with 1.5” X 1.5” galvanized mesh.  The Board discussed the intent of the voter-approved bylaw section relating to energy use and pool water heaters (Section 4.2A3h).  It agreed the intent was to have these auxiliary water heaters be powered or the power offset with alternative energy solutions.  The Board discussed the scope of the proposed changes and thought they were significant requiring the hearing to be advertised, abutters notified and re-opened to formally review the proposals.  A subsequent motion was made declaring the proposed changes as significant thus, requiring the hearing to be re-opened.  The motion was seconded.  In discussion the Board suggested that Mr. Robinson review the pool bylaw in more detail before the hearing is re-opened.  The motion came to a vote and passed unanimously with four in favor.        

ADMINISTRATION:  The January 23, 2013 meeting minutes were reviewed and approved as presented by consensus.  

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

With no further business to conduct the meeting adjourned at 5:35 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.