FINAL
Present for the Board of Appeals and attending the meeting were: Wendy Weldon, Chairman, Russell Maloney, Frank LoRusso, Allen Healy, Todd Christy and Chuck Hodgkinson. Also attending were Martin Healy, Peter Tamm, Lenny Jason, Bruce MacNelly, Lynne Fifield, Brooke Adams, Lisa Liman, Jay Walsh and Matthew Galvin. Allison Burger was absent.
The meeting came to order at 5:00 PM. Ms. Weldon appointed Alternate Todd Christy as a voting member.
DISCUSSION BRUCE MACNELLY FOR SQUIBBY, LLC; 14 Round Pond Rd.; AP 35-1.12: Mr. MacNelly explained the dwellings on this lot are still under construction and the owner will not apply for a swimming pool special permit until the minimum two year occupancy requirement is satisfied. He would like to review two possible locations for the pool with the understanding that any direction given by the Board is not binding. Having an idea for the pool’s location will establish how the lot will be landscaped. Mr. LoRusso mentioned he visited the site and saw both locations. After reviewing the two options the Board said the location in front of the main house is preferred. Mr. MacNelly thanked the Board for its time.
DISCUSSION LYNNE FIFIELD FOR TONY SHALHOUB AND BROOKE ADAMS; 205 South Rd.; Map 18 Lots 107, 108.2: Ms. Fifield explained the Board issued a Guesthouse Special Permit on October 23, 2013. She would like to review some minor changes to the approved plans. They would like to go from a two-story guesthouse to a one story structure. The area will meet the maximum 800 sq. ft. requirement and the Board of Health has approved the new footprint that is 12 feet from the approved septic location. After brief discussion a motion was made declaring the changes as inconsequential. The motion was seconded and unanimously approved. A subsequent motion was made to approve the changes as presented. The motion was seconded and
unanimously approved with five in favor. The Board initialed the revised site plan hand-dated 2/26/14.
PETER TAMM FOR DOUGLAS LIMAN; Article 9 Section 9.9; 11 Round Pond Rd.; Map 35 Lot 1.4: Ms. Weldon appointed Alternate Allen Healy as a voting member and opened the public hearing at 5:20 PM. Mr. Tamm explained Mr. Liman is appealing the Building Inspector’s decision to allow the construction of a residential complex known as “Three Barns” that the petitioner believes exceeds and violates the Ordinance for the maximum 18 foot roof ridge height permitted in the Squibnocket Pond Overlay District. Mr. Liman lives across the pond in Blacksmith Valley – approximately ½ mile from the “Three Barns” development. Mr. Tamm reviewed a survey his client prepared that shows the roof ridge heights are over 22 feet above final
existing grade.
Mr. Jason explained the definition of height in the zoning bylaws (Article 2 Section 2.7) clearly states that height is measured from mean, natural grade – before any site work or construction begins. Mr. Jason reviewed Plan “C-3” with the pre-construction contours that average 47 feet above sea level. You then add 18 feet to the mean natural grade level of 47 feet which provides the maximum roof ridge height above sea level (65 feet). Mr. Jason then reviewed a Billingham site plan dated 9/20/13 that shows the roof ridge height at 64’ 4” above sea level. This is 17 feet 5 inches above mean natural grade.
Mr. Healy representing the owner of the Three Barns property presented a letter dated 2/25/14 outlining the reasons he thinks the Board should uphold the Building Inspector’s decision. Additional letters from Sergio Modigliani dated 2/18/14, the Three Barns architect Reinaldo Leandro dated 2/24/14 and abutter letters from Rosalie Hornblower (2 letters), Paul Hornblower, Will Sawyer and Blacksmith Valley resident Charlie Parker were read for the record.
Lisa Liman read a statement from her brother-in-law Doug Liman for the record.
After much discussion, the review of several photographs and with no further public comment a motion was made to close the hearing at 6:11 PM. The motion was seconded and unanimously approved. A subsequent motion was made to uphold the Building Inspector’s decision. The motion was seconded. In discussion the Board read Section 2.7 of the bylaws that defines height and agreed the bylaw and system for measuring height above mean natural grade does not need to be revisited or addressed. The motion came to a vote and passed unanimously with five in favor.
ADMINISTRATION: The January 29, 2014 meeting minutes were reviewed and approved as presented by consensus.
With no further business to conduct the meeting adjourned at 6:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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