FINAL
Present for the Board of Appeals and attending the meeting were: Wendy Weldon, Chairman, Allison Burger, Vice Chairman, Russell Maloney, Frank LoRusso, Allen Healy, Todd Christy and Chuck Hodgkinson. Also attending were Chris Alley, Ryan Bushey, Stephanie DaRosa and Candy DaRosa. Chris Murphy was absent.
The meeting came to order at 5:00 PM.
CHRIS ALLEY FOR S. FAIN HACKNEY, TRUSTEE OF BLUEBERRY HILL REALTY TRUST; Article 4 Section 4.2A3; 74 North Road; Map 3 Lot 2: Ms. Weldon appointed Todd Christy as a voting member for this petition and opened the public hearing at 5:06 PM. Mr. Alley reviewed a revised site plan dated 1/29/14 to construct a built-in swimming pool and spa that is approximately 65’ X 18’. The property’s old built-in pool was removed and this proposal will replace the previously permitted pool with a new pool that meets the current safety specifications. The new pool will have an auxiliary heat pump pool water heating system and use a four-foot high stone wall and sides of the house as the safety enclosure.
Ground-mounted photo-voltaic panels will produce solar power for the entire property -- including the pool’s electricity needs. The pool equipment will be located in a sound-insulated shed. Mr. Alley added the five house doors leading into the pool area will have safety alarms as outlined in the pool enclosure specifications. There will be clear sight lines to the pool from the living room, kitchen, screened porch and from the adjacent, second dwelling.
An abutter letter from Kathy Cerick and Charles FitzGerald was read for the record. Mr. Alley added the pool will have a salt treatment with ozone disinfection water filtration system.
With no public comment 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 revised site plan dated 1/29/14 as presented with the condition the Fire Chief shall approve the stand pipe location before a Building Permit is issued. The motion was seconded and with no discussion passed unanimously with five in favor.
STEPHANIE DAROSA; Variance to Article 6 Section 6.9B3a; 9 Swan’s Way; Map 11 Lot 69: Ms. Weldon appointed Alternate Allen Healy as a voting member for this petition and opened the public hearing at 5:16 PM. Ms. DaRosa explained the purpose for the Variance request is to create an Affordable Homesite Housing Lot whose area is approximately 171 sq. ft. less than the minimum one-acre as specified for a Homesite Housing Lot. If approved, Ms. DaRosa will need to meet with the Board of Health as needed for a well and septic plan and file a Housing Committee and Board of Selectmen-approved deed restriction at the Registry of Deeds. The Board commented that
if the lot was one foot longer along the north lot line it would meet the one-acre minimum lot size requirement.
The Board asked if there is a private road association for the lot’s access road. Chuck H. said that while a formal letter was not sent, abutter Charles Pinck called and asked if Ms. DaRosa would be required to join the road association. Ms. Weldon read an abutter letter from Adam Moore, Executive Director of Sheriff’s Meadow Foundation that supports the request for a Variance.
The Board reviewed the three requirements needed for granting a Variance and determined this specific request satisfies all three criteria. 1. The shape of the land does not meet zoning specifications as it is less than one-acre. 2. A literal enforcement of the by-law would cause substantial financial hardship as this is a request for an Affordable Homesite Housing Lot. 3. The minimal shortfall in lot size will not have a substantial detriment to the public good and does not substantially derogate from the intent of the by-law.
The Board reviewed the by-law’s other requirements for an Affordable Homesite Housing Lot. A letter from the Planning Board that endorses the request was read for the record. A Purchase and Sale Agreement was provided for the lot between Ms. DaRosa and the lot’s current owner. A letter from the Housing Committee approving Ms. DaRosa as an eligible purchaser for a Homesite Housing Lot was also read for the record. The Board added the other requirements can be specially conditioned if the Variance is granted.
With no further comment from the public a motion was made to close the hearing at 5:45 PM. The motion was seconded and unanimously approved. A subsequent motion was made to grant the Variance and allow the creation of an Affordable Homesite Housing Lot with the following special conditions that must be met before a Building Permit is issued: 1. The applicant shall obtain Board of Health approval of a well and septic plan. 2. An Affordable Homesite deed restriction shall be drafted, approved by the Housing Committee and Board of Selectmen and filed with the deed to the property at the Registry of Deeds. 3. The applicant shall join the private road association should one exist. The motion was seconded and with no further discussion passed unanimously with five in favor.
ADMINISTRATION: The December 18, 2013 meeting minutes were reviewed and approved as presented by consensus.
The draft 2013 Annual Report was reviewed and unanimously approved as presented with one typo correction.
With no further business to conduct the meeting adjourned at 6:00 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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