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Zoning Board of Appeals Minutes 08/27/14
FINAL
Present for the Board of Appeals and attending the meeting were:  Allison Burger, Chairman, Russell Maloney, Vice Chairman, Chris Murphy, Wendy Weldon, Todd Christy, Frank LoRusso arrived at 6:15 PM, and Chuck Hodgkinson.  Also attending were Reid Silva, Donna and Neil Weisman, Edward Miller, Monina VonOpel, Wesley and Terry Guylay, David Tilton, Janet Weidner, Helen and Riggs Parker, Alex Elvin, David Vigneault, Greg Ehrman, Scott Bermudes, Hank and Carol Goldberg, Peter Breese, Kristen Reimann, Rodney Bunker and Carole Hunter.   Allen Healy was absent.     

Ms. Burger opened the meeting at 5:00 PM and appointed Alternate Todd Christy as a voting member.  

DISCUSSION JOHN ABRAMS AND RYAN BUSHEY; 74 North Rd.; Map 3 Lot 2 (Inn at Blueberry Hill):  Mr. Abrams asked the Board if a sound-insulated shed for pool equipment is necessary as conditioned in the January 29, 2014 Special Permit.  He explained the property is over 50-acres and the equipment shed will be about 60 feet from the owner’s master bedroom and about 925 feet from the closest neighbor’s house.  Mr. Abrams projected there will be no pool equipment noise at the property lines.  In discussion the Board agreed a sound-insulated shed is not a requirement in the bylaw specifications and its need is determined by the Board for each application.  A motion was then made to declare the change as inconsequential.  The motion was seconded and approved with four in favor and one opposed (Mr. Maloney).  A subsequent motion was made to allow the elimination of the Special Permit condition requiring the pool equipment be housed in a sound-insulated shed.  The motion was seconded and passed with four in favor and one opposed (Mr. Maloney).  Chuck H. will write a letter that must be filed with the Special Permit at the Registry of Deeds.

GEORGE SOURATI FOR HENRY AND CAROL GOLDBERG; Article 6 Section 6.11;        19 Peaked Hill Road; Map 19 Lot 5:  Ms. Burger opened the public hearing at 5:12 PM.        Mr. Sourati reviewed a site plan dated 7/22/14; floor plan dated 7/11/14 and elevations dated 7/18/14 to add approximately 287 sq. ft. of living space to the existing single-family residence.  The total area of living space on the 0.86-acre parcel with the addition will be 3,905 sq. ft.  The maximum allowable area by Special Permit is 5,465 sq. ft.  He added the roof ridge will be 20.4 feet above mean natural grade.  The Board reviewed each of the thirteen conditions outlined in this bylaw.  With no comment from the public or from any abutters within the 1,000-foot radius of the property a motion was made to close the hearing at 5:25 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the application as presented and site plan dated 7/22/14 with elevations dated 7/11/14 (3) and one elevation dated 7/18/14 with the following special conditions:  1. The Board of Health shall approve the plan before a Building Permit is obtained.  2.  An alarm shall be added to the door leading from the addition to the pool area.  The Board found the project to be in compliance with each of the following bylaw criteria:  1, 2, 3, 4, 5, 6, 8, 9, 10 and 11.  The following criteria were not applicable to this project 7, 12 and 13.  The motion was seconded and with no further discussion passed unanimously with five in favor.



GEORGE SOURATI FOR ROBERT KEGAN AND BARBARA WOLF; Article 8     Section 8.3 and Article 11 Section 11.6A2.b.i.a.; 127 State Road; Map 33 Lot 15:               Ms. Burger opened the public hearing at 5:30 PM.  Mr. Sourati and Carole Hunter presented a revised property site plan dated 8/26/14 and a roof ridge height site plan dated 8/27/14 to renovate the existing dwelling as follows:  the existing footprint for the renovated sections will not change; a 285 sq. ft., 3-season porch will be added -- 48 sq. ft. of which are in the 100-foot Zoning shore zone; the patio will be squared off; two window wells will be added to allow for more light in the basement; an outdoor shower will be added.  The location of HVAC units and an auxiliary generator were also on the plan.  The work is in the State Road Roadside District and the Nashaquitsa Pond Coastal District.  The revised roof ridge height site plan dated 8/27/14 was also reviewed.  The insulation will be placed inside the existing roof – instead of on top of it.  Consequently, the roof ridge height will not change from the current height.  All roof ridges of the three sections of the current dwelling and the proposed three-season porch will be lower than 18 feet above mean natural grade.

The Site Review Committee report was read for the record along with letters from abutters Edward Miller and Monina Von Opel dated 8/6/14.  All questions in the letter were addressed by Mr. Sourati.  The lighting will be designed to comply with the outdoor lighting bylaw (Article 5 Sections 5.6, 5.7) and its intent.  The large tree on the southwest corner of the house will need to be removed as it is growing into the side of the house and is where the porch will be added.

Mr. Guylay said his house is above (east) of the project and has concerns with headlight glare and screening for the HVAC and generator.  After much discussion the Board commented the plans are reasonable and the house will not be an “eyesore”.

With no additional comment from the public a motion was made to close the hearing at 6:00 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented and site plan dated 8/26/14 and the roof ridge elevations plan dated 8/27/14 with the following special conditions:  1. Before a Certificate of Occupancy is issued the applicant shall return to the Board with a landscape plan that includes additional vegetated screening east of the new parking area and east of the HVAC and auxiliary generator.  The screening shall be designed in a manner that when mature it will effectively shield the sight and sound of the mechanical equipment and the sight of the new parking area from Map 33       Lot 14.  The motion was seconded and with no further discussion passed unanimously with five in favor.

REID SILVA AND CAROLE HUNTER FOR BRIAN KENNEY, TRUSTEE; Article 8 Section 8.3; 26 Harbor Hill Rd.; Map 27.1 Lot 107:  Ms. Burger opened the public hearing at 6:07 PM.  Mr. Silva reviewed a revised site plan dated 8/8/14 to rebuild and expand a stone terrace; construct a deck; replace two existing retaining walls with two dry-laid fieldstone retaining walls; construct an outdoor shower; remove an existing porch, build a new porch and dormers will be modified on both sides of the roof.  The roof ridge height will not change and the HVAC units will be inside the new retaining walls on the east side of the house.

Mr. Parker expressed thanks for reducing the ten-foot wide deck to eight feet as originally presented to them and said the current plan no longer interferes with his easement access to his cottages and dock.  He did say however that he is very concerned about HVAC and auxiliary generator noise in such a close neighborhood where all lots are significantly less than one-acre in size.  Mr. LoRusso arrived at 6:15 PM.  Mr. Silva pointed out there is no auxiliary generator proposed on the plan--just HVAC.  After much discussion about generators and the mechanical equipment bylaw the Board determined it cannot condition an element that is not on the proposed plan – the generator.  With no further comment from the public a motion was made to close the hearing at 6:36 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the application as presented and site plan dated 8/8/14.  The motion was seconded and passed unanimously with five in favor.

Ms. Weldon left the meeting at 6:45 PM.  Mr. LoRusso was appointed a voting member for the remainder of the meeting.    

DISCUSSION GREG EHRMAN FOR KAUFFMAN; 20 Chappaquoit Rd.; Map 24        Lot 211:  Mr. Ehrman reviewed another revision to this approved plan.  The owner would like to add a 4’ X 6’ outdoor shower north of camp # 2 as shown on the site plan.  Given the history of this project the Board asked if this change was reviewed with the neighbors.  Mr. Ehrman said it was not.  After discussion a motion was made to declare the proposed change as significant thus, requiring the hearing to be re-opened and all abutters notified.  The motion was seconded and unanimously approved with five in favor.

ADMINISTRATION:  The review of the July 23, 2014 meeting minutes was deferred to the next meeting.
The Board reviewed the updated draft and outline of the proposed Zoning Bylaw Article 6 Section 6.12 – Exception for Accessory Apartments.  The Board, Ms. Roddy and Ms. Weidner agreed to review an updated complete draft at the next meeting.
The next meeting will be September 24, 2014 @ 5:00 PM.  

With no further business to conduct the meeting adjourned at 7:26 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.