FINAL
Present for the Board of Appeals and attending the meeting were: Chris Murphy, Chairman, Wendy Weldon, Vice Chairman, Frank LoRusso, Allison Burger, Barbara Armstrong, Russell Maloney and Chuck Hodgkinson. Also attending were Reid Silva and Ben Robinson. Allen Healy was absent.
The meeting came to order at 5:00 PM. Mr. Murphy confirmed the five eligible voters are Board members Murphy, Weldon, Armstrong, Burger and LoRusso. The site visits were made on March 26.
DISCUSSION REID SILVA FOR BARBARA KIMBER; Article 4 Section 4.2A3; 16 Cross Rip Lane; Map 24 Lot 22: Mr. Silva thanked the Board for its time and reviewed several proposed changes to the approved built-in swimming pool plan that was issued a Special Permit on November 28, 2012. The proposal calls for changing the original shape of the pool and pool fencing from a kidney-shaped design to a rectangle for both the pool and fencing. This is better for fitting the pool with a cover as outlined in the bylaw. The revised pool design meets the required setback distance from the lot lines. The pool equipment will remain as approved inside a sound-insulated addition to the playhouse. After brief discussion a motion was made to declare the changes as inconsequential thus, not requiring the
hearing to be re-opened. The motion was seconded and with no discussion passed unanimously with five in favor. A subsequent motion was made to approve the site plan as presented and dated March 14, 2013. The motion was seconded and with no discussion passed unanimously with five in favor. The Chairman signed and dated the approved site plan. Mr. Silva said he will meet with the Building Inspector about what plan to file with the Special Permit.
BEN ROBINSON FOR ROBIN SHANUS AND STEPHEN MERKEL; Article 4 Section 4.2A3; 17 Howell Lane; AP 27-3: Mr. Murphy re-opened the public hearing at 5:10 PM. Mr. Robinson explained the proposed changes to the built-in pool portion of the Special Permit that was issued on October 15, 2009. The ZBA reviewed the changes at its February 27, 2013 meeting and thought they were significant thus, requiring the hearing to be advertised, re-opened and abutters re-notified. The changes as shown on the site plan dated 3/27/13 include: 1. Rotating the previously approved pool location by 90 degrees to a north-south orientation. 2. Relocating the pool equipment to a sound-insulated shed that will be placed behind an existing storage shed, bunkhouse. 3. After much discussion, the
design of the four-foot high pool fencing will include 14 gauge, galvanized wire mesh with a stainless steel guide wire along the top for strength. 4. A lengthy discussion followed about the proposal to heat the pool water with an electric hot air heat pump without the photo-voltaic power offset.
The Board read section 4.2A3h of the bylaw regarding alternative energy and auxiliary water heating specifications. After much discussion the Board felt the stand alone electric hot air heat pump without the previously approved photo-voltaic panels to offset the electricity usage does not meet the intent of the bylaw. Mr. Robinson disagreed with the Board’s assessment. The board explained several options for proceeding. They can vote on all four changes as presented. The proposed water heating system may not allow the vote to carry. Alternatively, Mr. Robinson could remove the auxiliary water heater from the scope of work for this hearing and ask for a Special Permit for an unheated pool. If approved he could theoretically start pool construction in April as desired.
He could then submit a new, separate application for a Special Permit for an auxiliary water heating system. Mr. Robinson chose to remove the proposed auxiliary water heating system from tonight’s plan.
After brief discussion and with no public comment 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 pool site plan as presented and dated 3/27/13 with the following special conditions:
1. The approved plans do not include an auxiliary water heating system as it was removed from the scope of work by the applicant. He plans to file a separate petition for a water heating system.
2. The relocated pool equipment and sound-insulated equipment shed is approved as shown on the site plan.
3. The four-foot high safety fencing shall be built to the following specifications: 4” X 4” pressure-treated posts; 14-gauge, galvanized wire mesh fastened to the outside of the fence posts; self-locking gate; a 3/16” stainless steel tight wire shall be woven into the top of the wire mesh at 12” intervals for strength and stability of the mesh.
- This Special Permit only nullifies and voids the built-in swimming pool portion of the Special Permit issued on October 15, 2009.
With no further discussion the motion came to a vote and passed unanimously with five in favor.
ADMINISTRATION: The February 27, 2013 meeting minutes were reviewed and approved as corrected by consensus.
The next meeting will be held on Wednesday, April 24, 2013 @ 5:00 PM with site visits on April 23rd @ 3:30 PM.
With no further business to conduct the meeting adjourned at 6:10 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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