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Zoning Board of Appeals Minutes 10/22/14
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, Allen Healy and Chuck Hodgkinson.  Also attending were Pamela Price, Patricia Price, David Vives, Geoff Kontje, Neil Withers, Greg Ehrman, Carl and Georgie Holst-Knudsen, Paul Uliatt, Matt Flanders, Sandy Broyard, Reid Silva, Janet Weidner, Jessica Roddy and Tom Carberry.        Frank LoRusso was absent.     

Ms. Burger opened the meeting at 5:00 PM and appointed Alternate Allen Healy as a voting member for the first public hearing.  

GREG EHRMAN OF HUTKER ARCHITECTS FOR RICHARD KAUFFMAN; Article 8 Section 8.3; 20 Chappaquoit Rd.; Map 24 Lot 211:  Ms. Burger re-opened the public hearing at 5:08 PM to review a change to the Special Permit that was issued on 7/24/13 and revised on May 28, 2014.  Mr. Ehrman outlined the owners would like to build a 4 ft. X 6 ft. outdoor shower in a location that meets the minimum setback distance from the lot lines.  The Site Review Committee report was read for the record.  With no questions from the Board and no public comment a motion was made to close the hearing at 5:11 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented and dated 9/22/14.  The motion was seconded and passed unanimously with five in favor.

TOM CARBERRY FOR RICHARD & ELLEN MUGLIA; Article 4 Section 4.2A3 and Article 6 Section 6.11B2; 3 Blue Barque Rd.; Map 17 Lot 38.1:  Ms. Burger appointed Alternate member Todd Christy as a voting member for this application and opened the public hearing at 5:12 PM.  Mr. Carberry asked if the pool and pool house can be removed from this petition without prejudice.  He said he would like to apply for a revised pool plan at next month’s meeting.  A motion was made to accept Mr. Carberry’s request.  The motion was seconded and unanimously approved with five in favor.  

Mr. Carberry reviewed the plan to construct a house addition under Article 6 Section 6.11B2.  The current living area on the 3.04-acre lot is 3,461 sq. ft.  The house addition will add 752 sq. ft. of living area (total 4,213 sq. ft.)  The total allowable living area is 6,000 sq. ft.  The project is in the South Road Roadside District.  The Site Review Committee report was read for the record.  The Board proceeded to review the thirteen specifications outlined in the bylaw as follows:  1. The project complies as there are only 2 windows and no outside lighting on the addition.  2.  Complies as there is a 100-foot no-cut buffer zone from South Road.  3.  Complies as no additional natural buffer area will be cleared.  4-9. Not applicable.  10.  Complies as the addition complies with the 2012 MA. energy code.  11.  Complies as all new exterior trim will be Boral consisting of 70 percent recycled material.  12-13. Not applicable.  The Board asked Chuck H. if any of the abutters within the 1,000-foot radius had any comments.  There were none.  With no public comment a motion was made to close the hearing at 5:30 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan A.00 as presented and dated 10/20/14.  The motion was seconded and with no further discussion passed unanimously with five in favor.

GEORGIE & CARL HOLST KNUDSEN; Article 4 Section 4.2A1 and Article 6                Section 6.11B2; 12 Glacier Glen; Map 25 Lot 12.2:  Ms. Burger appointed Alternate member Allen Healy as a voting member for this application and opened the public hearing at 5:31 PM.  Mr. Ehrman introduced the owners and construction team members.  He proceeded to outline the plan to construct a 799 sq. ft. guesthouse in a location that meets the minimum setback distance from the lot lines.  The guesthouse also requires a Special Permit under Article 6 Section 6.11B2.  The current living area on the 5.8-acre lot is 4,882 sq. ft.  The guesthouse adds + 866 sq. ft. of living area as defined for this specific bylaw (total 5,748 sq. ft.)  The total allowable living area is 6,700 sq. ft.

The Board reviewed how the plan complies with each of the thirteen Article 6 Section 6.11B2 bylaw specifications and reached the following conclusions for each:   1. The project complies.  2.  Not applicable.  3.  Complies as there be minimal area of new lawn and the native vegetation will be allowed to re-grow.  4.  Complies.  5. Not applicable.  6.  Complies as there is this is a one-story guesthouse.  7.  Not applicable.  8.  Complies.  9.  Complies as the water drainage will be managed.  10.  Complies as the project meets 2012 MA. energy code.  11.  Complies.  12-13. Not applicable.  

With no comment from the public or any of the abutters within the 1,000-foot radius a motion was made to close the hearing at 5:52 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented and dated 11/25/13 and the 10/22/14 hand-dated elevations.  The motion was seconded and with no discussion passed unanimously with five in favor.

NEIL WITHERS FOR TONY SHALHOUB & BROOKE ADAMS; Article 4 Section 4.2A1; 205 South Road; Map 18 Lots 107, 108.2:  Ms. Burger appointed Alternate member Todd Christy as a voting member for this petition and re-opened the public hearing at 5:54 PM.  Mr. Withers explained he is seeking a revision to a Special Permit that was issued on         October 23, 2013 for a 766 sq. ft. guesthouse.  The owners would like to change the design of the kitchen addition which will increase the total area to approximately 775 sq. ft.  The Site Review Committee report was read for the record.  After brief discussion and with no comment from the public a motion was made to close the hearing at 5:58 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the floor plan as presented and dated 10/2/14 and the elevations dated 9/30/14 with the following special condition:  1. This Special Permit replaces, nullifies and voids the previously issued guesthouse Special Permit dated October 23, 2013.  The motion was seconded and passed unanimously with five in favor.

REID SILVA FOR MICHAEL AND MONIQUE LYNCH; Article 4 Section 4.2A3;             4 Treetop Lane; Map 18 Lot 3:  Ms. Burger appointed Alternate member Allen Healy for this application and opened the public hearing at 5:59 PM.  Mr. Silva reviewed the plan to construct a 20’ x 40’ built-in swimming pool with the related four-foot high pool enclosure and sound-insulated shed for the pool equipment.  The pool will also have a heat pump water heating system.  The power use will be offset by purchasing NStar green energy to run the pool equipment.  An 8’ X 8’ hot tub and pool cabana will also be constructed.

The Board commented the house is being used as part of the pool enclosure and must meet state building codes as outlined in the bylaw.  Ms. Broyard mentioned she lives across the road and said she hears the hot tub pumps.  The Board asked if the pool equipment could be located in an underground concrete vault to reduce the noise.  Mr. Silva agreed.

With no further public comment a motion was made to close the hearing at 6:15 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented and dated 8/29/14 with the following special conditions:  1. The Fire Chief shall approve the location of the standpipe before obtaining a Building Permit.  2.  A dedicated electric meter shall be installed to record the amount of power (KWH) used by all pool equipment including the water filter, hot air heat pump and circulator.  3.  The owner shall create a separate account with NStar’s renewable, green energy program and purchase the amount of KWH of electricity used by the pool on an annual basis from the NStar renewable energy grid.  4. Every November the owner shall provide documented proof to the ZBA that the renewable energy needs as described have been purchased.  5.  If the ZBA determines the owner has not complied with these conditions the ZBA shall determine appropriate actions to satisfy the renewable energy needs and source of power.  6.  If at a future date the owner wishes to revise this arrangement, a petition for a new Special Permit for the proposed new pool water heating system must be filed for due processing.  The motion was seconded and with no discussion passed unanimously with five in favor.  
  
ADMINISTRATION:  The September 24, 2014 meeting minutes were reviewed and approved by consensus.

Jessica Roddy and Janet Weidner reviewed draft # 17 of a proposed zoning bylaw for accessory apartments.  The plan is to hold public hearings and offer the bylaw for voter consideration at the April 2015 Annual Town Meeting.
The November and December ZBA meetings will be scheduled as follows because of the holidays.  The meeting times were changed from 5:00 PM to 4:00 PM:

        Tuesday, November 18, 2014 @ 4:00 PM.  Site Visits Monday, Nov. 17 @ 3:00 PM.
        Tuesday, December 16, 2014 @ 4:00 PM.  Site Visits Monday, Dec. 15 @ 3:00 PM.

With no further business to conduct the meeting adjourned at 6:30 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.