FINAL
Present for the Board of Appeals and attending the meeting were: Wendy Weldon, Chairman, Allison Burger, Vice Chairman, Russell Maloney, Todd Christy, Chris Murphy and Chuck Hodgkinson. Also attending were Chris Alley, Greg Ehrman, Max and Connie McCreery, Jonathan Lipnik, Scott Bermudes, Dan Perry and Fran Demurs. Frank LoRusso and Allen Healy were absent.
The meeting came to order at 5:00 PM. Ms. Weldon appointed Alternate Todd Christy as a voting member.
DISCUSSION CHRIS ALLEY FOR STEPHEN MERKEL; Article 4 Section 4.2A3h; 17 Howell Lane; Map 27 Lot 3: Mr. Alley thanked the Board for its time and reviewed a proposed change to the Special Permit issued on April 24, 2013 regarding the renewable energy plan for the pool water heater and equipment power needs. Mr. Alley outlined the renewable energy specifications the Board recently approved for the Hait pool and asked if Mr. Merkel’s plan could be changed to match that of the Hait plan. Essentially the pool’s power needs for the water heating and filtration systems would have a dedicated electric meter—off the grid for the main house and other property power needs. One hundred percent of the pool’s power would then be
purchased through NStar’s renewable energy program. All other special conditions of the Special Permit would still apply.
The Board discussed the change and agreed it meets the requirements of the bylaw. A motion was made declaring the proposed change as inconsequential. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised renewable energy plan as presented and to make it effective immediately. The motion was seconded and without any further discussion was unanimously approved with five in favor.
DISCUSSION GREG EHRMAN FOR RICHARD KAUFFMAN; Article 8 Section 8.3; 20 Chappaquoit Rd.; Map 24 Lot 211: Mr. Ehrman explained a Special Permit was issued for this re-development project on July 24, 2013. When reviewing the as-built site plans with the Building Inspector it was determined that the second dwelling “Camp 1” that is 10.6 feet from the east lot line, the garage and the mechanical equipment open fenced area were not built to the approved dimensions. Mr. Ehrman asked if the Board would review the existing differences from the approved plan and determine if the changes are inconsequential or, require the hearing to be re-opened.
Abutter Connie McCreery read a statement for the record indicating the garage came as a surprise and is nearly twice as long as the approved footprint. Mr. Lipnik mentioned the original approved plan has three heat pumps in the fenced area and now there is a fourth unit – an auxiliary generator. He wondered if they meet the specifications of the mechanical equipment bylaw -- Article 5 Section 5.9.
After much discussion a motion was made declaring the changes as significant and thus, requiring the hearing to be re-opened at the ZBA’s next meeting – May 28 @ 5:05 PM. The hearing will be advertised and noticed to all abutters as required. The motion was seconded. In discussion it was agreed to amend the motion to include the requirement that all work on the two buildings and equipment areas in question immediately cease and desist until a solution is agreed. Work on the main house may continue as that was built to the approved specifications. The motion as amended came to a vote and passed unanimously with five in favor.
BOARD DISCUSSION: The Board discussed the following issues: 1. What criteria allow the ZBA to grant a Variance? 2. How should the ZBA determine whether or not an appeal filed under Article 9 Section 9.9 has standing? 3. Who is allowed to file an appeal—anyone or just an aggrieved abutter whose lot line is within 300 feet of the subject property? 4. How should the ZBA determine if a filed appeal is valid?
After much discussion on all topics the Board agreed to have Chuck H. write a brief for a legal opinion from Town Counsel. The brief will first be approved by the Chair.
ADMINISTRATION: The February 26, 2014 meeting minutes were reviewed and approved as presented with four in favor and one abstention (Ms. Burger).
The next meeting will be May 28, 2014 @ 5:00 PM.
With no further business to conduct the meeting adjourned at 6:05 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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