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Zoning Board of Appeals Minutes 05/28/14
FINAL
Present for the Board of Appeals and attending the meeting were:  Allison Burger, Vice Chairman, Todd Christy, Chris Murphy, Frank LoRusso, Allen Healy and Chuck Hodgkinson.  Also attending were Chris Alley, Greg Ehrman, Phil Regan, Max, Connie and Georgia McCreery, Kris Horiuchi, Connie Ellis, Dan Perry, Toni Chute O’Keefe, Fran Demurs, Jane and Richard Wilkie and George Sourati.  Wendy Weldon and Russell Maloney were absent.     

The meeting came to order at 5:00 PM.  Vice Chair Allison Burger chaired the meeting in        Ms. Weldon’s absence and appointed Alternate member Todd Christy as a voting member for the evening’s agenda.  Mr. Healy arrived at 5:10 PM after the first hearing was opened.

GEORGE SOURATI FOR SWB LIMITED PARTNERSHIP; Article 11                        Section 11.6A.2.b.i.a.; 8 Greenhouse Road; Map 33 Lot 30:  Ms. Burger explained the are four ZBA members present which would require a unanimous vote in favor to grant a Special Permit.  Mr. Sourati said it will not be necessary to postpone the hearing to the next meeting and agreed to continue with four voting members.  Ms. Burger opened the public hearing at 5:06 PM.  Mr. Sourati reviewed the site plan dated 4/16/14 to construct a 169 sq. ft. elevated deck in the shore zone.  This addition combined with the special permit issued on 11/28/12 for 80 sq. ft. of additions in the shore zone reaches the maximum cumulative total of 249 sq. ft. for expansions allowed in the shore zone with a Special Permit.  Mr. Sourati mentioned the Conservation Commission approved this plan.  The Site Review Committee report dated 5/14/14 was read for the record.  After brief discussion and with no public comment a motion was made to close the hearing at 5:30 PM.  The motion was seconded and passed unanimously with four in favor.  A subsequent motion was made to approve the plan as presented and dated 4/16/14.  The motion was seconded and with no further discussion passed unanimously with four in favor.   

CHRIS ALLEY AND PHIL REGAN FOR RICHARD KAUFFMAN; Article 8 Section 8.3;     20 Chappaquoit Rd.; Map 24 Lot 211:  Ms. Burger appointed Mr. Healy as the fifth voting member for the rest of the evening and opened the public hearing at 5:48 PM.  Mr. Regen introduced his team and explained he is asking for an amendment to the approved Special Permit for this project dated 7/24/13.  He explained the garage was not built in the approved location and is 49 feet long.  The approved plan had a 28-foot long garage located 9 feet farther west on the property with a pergola connecting it to an 8-foot wide detached shed.  The garage was relocated to meet Board of Health setback distances for a de-nitrifying septic system that was installed instead of the original Title V system.  Camp 1 was also built differently than the approved plan.  The two roof ridge design was replaced with a single gable roof ridge running the length of the building north to south.  This building is approximately 10.6 feet from the east lot line.  

Mr. Regen explained he has had many meetings with the neighbors about the proposed amendments.  The following outlines the specific changes that are being offered for the Board’s consideration:

  • Leave the as-built 14-foot wide garage in its current changed location and remove approximately 11 feet of the garage and foundation from the east side of the structure.  The total length will be 37 feet 8 inches.  The detached shed and pergola will not be built.
  • Approve an expanded mechanical area to accommodate adding a 38 KW auxiliary generator to the three heat pumps that are inside an open-fenced area to on the west side of the garage.
  • Approve Camp 1 as built.  
A summary of the six letters received from abutters was read for the record.  The abutters agreed the summaries accurately represented the content of the letters.  A letter from Mr. Kauffman and the Site Review Committee report dated 5/14/14 were also read for the record.

The Board opened the hearing to public comment.  Ms. Wilkie explained she is representing the group of neighbors affected by these changes.  She said they had several meetings with the architects and are satisfied with the proposed amendments as offered by Mr. Regan.  Connie McCreery asked the Board to approve the changes to help the Kauffman’s get here ASAP.

With no further public comment a motion was made to close the hearing at 6:35 PM.  The motion was seconded and unanimously approved.  The Board said it has never seen as many changes to an approved plan built without the applicant first returning to the Board to discuss the amendments.  The Board asked what are the options if it does not approve the changes.  It was apparent that the applicant would need to either return with an alternative plan or build exactly what was originally approved on July 24, 2013.

After further discussion on all of the proposed changes the following motion was made: Approve the application and revised plans as presented and dated 5/28/14.  The following changes and special conditions apply to this approval:  1. The as-built garage is approved to the length of     37 feet 8 inches in its current location.  The excess as-built garage length and foundation shall be removed from the east end.  The pergola and detached shed as approved on July 24, 2013 will not be built.  2.  The proposed generator with three heat pumps are approved as shown with the condition that a 20-foot long section of evergreen inkberry screening shall be planted approximately 8 feet north of the mechanical equipment to help muffle mechanical equipment noise.  3.  The as-built changes to the roof ridge line and window arrangement on “Camp 1” that is approximately 10.6 feet from the east lot line are approved.  4.   The construction cease and desist order imposed on April 23, 2014 for the garage and Camp 1 is removed.  The motion was seconded and with no discussion passed unanimously with five in favor.

ADMINISTRATION:  The April 17, 2014 meeting minutes were reviewed and approved as presented by consensus.

The next meeting will be June 25, 2014 @ 5:00 PM.

With no further business to conduct the meeting adjourned at 6:50 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.