FINAL
Present for the Board of Appeals and attending the meeting were: Wendy Weldon, Vice Chairman, Frank LoRusso, Allison Burger, Barbara Armstrong, Allen Healy and Chuck Hodgkinson. Also attending were Reid Silva, Ben Robinson, Joan Malkin, Chris Alley, Matt Mayhew, Bruce Sparano and Steve Merkel. Chris Murphy and Russell Maloney were absent.
The meeting came to order at 5:05 PM. The Board discussed that it’s time to rotate the Chairman and Vice Chairman roles. Barbara Armstrong asked that she not be considered for either role at this time due to work commitments. A subsequent motion was made to appoint Wendy Weldon as Chairman and Allison Burger as Vice Chairman. The motion was seconded and with no discussion passed unanimously with five in favor. Ms. Weldon appointed alternate Board member Allen Healy as a voting member for the evening’s agenda. The site visits were made on April 23.
MATT MAYHEW; Article 6 Sections 6.4, 6.5; 38 State Road; Map 30 Lot 48.1: Mr. Mayhew explained he is reviewing a revised site plan with the Planning Board on May 13th. He asked if the Board would postpone his hearing to May 22, 2013 @ 5:10 PM. A subsequent motion was made to accept the request. The motion was seconded and passed unanimously with five in favor.
JOAN MALKIN; Article 6 Section 6.6 and Article 11 Section 11.6B2a; 10 Tilton Cove Way; Map 25 Lots 124, 125: Mr. LoRusso mentioned he is an abutter but will participate in the hearing as he has nothing to gain from the outcome. Ms. Weldon opened the public hearing at 5:10 PM. Ms. Malkin reviewed the plan to erect an 8’ X 12’ pre-fabricated greenhouse in a location that does not meet the minimum 50-foot setback distance from the lot line. The location is also within 100 feet of a wetland that drains into a coastal pond and is regulated as a zoning shore zone. The Site Review Committee report was read for the record. The required letters of consent from abutters whose lot lines are within 100 feet of the proposed structure were also read for the record. With no
comment from the public a motion was made to close the hearing at 5:15 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 4/6/12 with a condition that the Conservation Commission shall approve the plan before obtaining a Building Permit. The motion was seconded and with no further discussion passed unanimously with five in favor.
REID SILVA FOR DANIEL & LINDA KOREN; Article 6 Section 6.6; 6 Tilton Cove Way; Map 25 Lot 123: Mr. LoRusso mentioned he is an abutter for this application as well but will participate in the hearing as he has nothing to gain from the outcome. Ms. Weldon opened the public hearing at 5:25 PM. Mr. Silva summarized the site plan dated 3/20/13 to install an auxiliary generator on a 4’ X 8’ concrete pad in a location that is approximately 10 feet from the southwest lot line.
The Site Review Committee report was read for the record along with the required letters of consent from the abutters whose lot lines are within 100 feet of the generator. In discussion the Board asked about the noise level of the generator when operating. Mr. Silva said the unit has a sound-insulated enclosure but, it is not sound proof. The Board read Article 5 Section 5.9 regarding noise levels caused by exterior mechanical equipment and asked if there is a different location that is farther from the neighbor’s lot lines. Mr. Silva explained the proposed location is where the electrical service is provided and thus will not require additional trenching for power lines. After brief discussion and with no comment from the public 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 site plan as presented and dated 3/20/13 with the following special condition: 1. If there is a future
noise complaint caused by the generator the requirements of Zoning Bylaw Article 5 Section 5.9 shall apply. The motion was seconded and with no discussion passed unanimously with five in favor.
BEN ROBINSON FOR ROBIN SHANUS AND STEPHEN MERKEL; Article 4 Section 4.2A3; 17 Howell Lane; AP 27-3: Ms. Weldon opened the public hearing at 5:36 PM. Mr. Merkel introduced himself and explained he purchased the property in 1999 and how his family is planning to re-develop the lot a portion of which will include a tear down and re-build of the main house. Mr. Robinson summarized this is a request for an electric forced hot air heat pump water heating system for the built-in swimming pool that was permitted at the March 27th meeting. He distributed a written proposal dated 4/24/13 summarizing how the Massachusetts Green Communities Act of 2008 considers renewable energy that is produced off-site and purchased through NStar or any other supplier is just as valuable as generating
renewable energy on-site. The cost premium for purchasing renewable energy from NStar off the grid ranges between + 4 cents to + 8 cents per kilowatt hour.
Mr. Robinson explained that Mr. Merkel does not wish to install ground-mounted solar panels or roof-mounted panels because he is planning to tear down and re-build the main house. Mr. Robinson then proposed four options for renewable energy – produced both on site and off-site and purchased from the grid. He preferred option # 3 – the purchase of off-site renewable energy from NStar that is produced by wind turbines to satisfy the Bylaw’s alternative energy specifications. NStar will be able to provide documented proof that the energy was produced by wind turbines. After much discussion the Board concluded this may be a reasonable short term solution that satisfies the Bylaw specifications.
With no further comment from the public a motion was made to close the hearing at 6:05 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the forced hot air heat pump pool water heater with the following special conditions:
1. The electric forced hot air heat pump water heating system is approved. The equipment shall be located in the sound-insulated shed with adequate venting as needed and shown on the pool Special Permit site plan dated 3/27/13.
2. The purchase of off-site renewable wind generated power from NStar is allowed as outlined in Option 3 of the narrative dated 4/24/13—in lieu of installing on-site photo-voltaic panels to generate the power needed for the electric hot air heat pump.
3. As offered by the homeowner, 100 % of the property’s total electricity needs for the period of May 1 – September 30 of each year shall be purchased through the NStar renewable wind power program.
4. Starting November 2013 and in November of each subsequent year the owner shall provide documented proof to the ZBA that the renewable energy needs as described have been purchased.
5. If the ZBA determines the owner has not complied with these conditions the ZBA shall determine appropriate actions that must be taken to satisfy the renewable energy needs and source of power.
6. If at a future date the owner wishes to revise this arrangement, a petition for a new Special Permit with the proposed new pool water heating system must be filed for due processing.
The motion was seconded and with no further discussion passed unanimously with five in favor.
ADMINISTRATION: The March 27, 2013 meeting minutes were reviewed and approved as presented with four in favor and one abstention (Mr. Healy).
The next meeting will be held on Wednesday, May 22, 2013 @ 5:00 PM with site visits on May 21st @ 3:30 PM.
With no further business to conduct the meeting adjourned at 6:25 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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