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Zoning Board of Appeals Minutes 02/04/15
FINAL
Present for the Board of Appeals and attending the meeting were:  Allison Burger, Chairman, Russell Maloney, Vice Chairman, Chris Murphy, Wendy Weldon, Frank LoRusso, Todd Christy and Chuck Hodgkinson.  Also attending were Reid Silva, Marni Lipke, Mark Hurwitz,            Joan Hughes and John Abrams.  Allen Healy was absent.     

Ms. Burger opened the meeting at 5:00 PM.  

REID SILVA FOR KEITH MCNALLY; Article 4 Section 4.2A3; 34 Windy Gates Rd.; Map 30 Lot 104.1:  Ms. Burger opened the public hearing at 5:05 PM.  Mr. Silva reviewed a revised site plan dated 1/28/15 with distances to direct abutters for the construction of a 48’ x 18’ 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 renewable green energy to run the pool equipment.        Mr. Silva explained the water resources on the parcel and why an underground equipment vault is not feasible.  He added the Conservation Commission has approved the proposed pool location with conditions.

The Board discussed the observations made at the site visit and focused on the site lines from the main house and screened porch.  The view of the pool is not very good and has a large shrub further obstructing the view which would need to be removed.  The studio is not primary living space and therefore does not satisfy the sight line requirements.  

Direct abutter Marni Lipke explained she has a god relationship with the owner and has several objections to or concerns with the proposed plans:  1. How the in-ground pool will be built given the high water table.  2.  How will the pool be filled and drained and will this adversely impact the wetland resources.  3.  There is concern with noise caused by swimmers and children and how this will be attenuated.  Mr. Silva commented the water resource concerns have been satisfactorily addressed and conditioned by the Conservation Commission and the zoning bylaws require the initial filling of the pool to be from an off-site source.  The Board also inquired about a retractable pool cover and pool hydrant location.

After discussion Mr. Silva requested the hearing be continued to February 25 @ 5:25 PM to provide time for him to meet with his client to consider possible alternative locations.  A motion was made to accept the request.  The motion was seconded and with no further discussion passed unanimously with five in favor.     

REID SILVA FOR THE TALIA N. HERMAN TRUST; Article 4 Section 4.2A1;               91 Gosnold’s Way; Map 14 Lot 31:  Ms. Burger opened the public hearing at 5:48 PM.          Mr. Silva summarized a site plan dated 10/16/14 to construct an 800 sq. ft. guesthouse in a location that meets the minimum 50-foot setback distance from the lot lines.  He also reviewed a Google Earth image of the property to provide a better understanding of the parcel.  He added the guesthouse will have a drive-in garage below that will have no inside access.  The septic plan has also been approved by the Board of Health.

Ms. Hughes explained the owners would like to keep the lot as wooded as possible and are not planning to install a lawn around the guesthouse.  There will be a level walking path between the main house and guesthouse that is ADA compliant.  The roof ridge will not exceed 18 feet above grade.  With no comment from the public a motion was made to close the hearing at 6:03 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans as presented and dated 10/16/14.  The motion was seconded and with no discussion passed unanimously with five in favor.

REID SILVA FOR GEM IRREVOCABLE TRUST; Article 4 Section 4.2A3;                          5 North Abel’s Hill Rd.; Map 24 Lot 161:  Ms. Burger opened the public hearing at 6:05 PM.  Mr. Silva reviewed a plan to remove an existing built-in swimming pool and construct a new     20’ X 50’ built-in pool with the required 4 foot high pool enclosure that meets current bylaw specifications.  The pool equipment will be located in the existing pool vault/mechanical room.  The pool water will not have an auxiliary heating system.  The project is within the South Road Roadside District.  The Board commented that while the new pool location is essentially in the same place as the current pool the sight lines from the primary residence to not satisfy the current bylaw specifications.  They also asked if the hydrant location has been approved by the Fire Chief.

After much discussion Mr. Silva requested the hearing be continued to February 25 @ 5:40 PM to consider alternatives.  A motion was made and seconded to accept the request.  With no further discussion the motion passed unanimously with five in favor.

DISCUSSION JOHN ABRAMS FOR MCGRATH; Art. 4 Section 4.2A1; 11 Little Sandy Road; Map 10 Lot 3.1:  Mr. Abrams thanked the Board for its time and reviewed proposed footprint change and plan dated 2/2/15 to a guesthouse design that received a Special Permit on November 18, 2014.  Regarding built-in pools he also commented that NStar’s green energy program will be discontinued on July 1, 2015.  Mass. Energy has not yet announced the replacement program.  

The Board discussed the minor change.  A motion was made to declare the change as inconsequential thus, not requiring the hearing to be re-opened.  The motion was seconded and unanimously approved with five in favor.  A subsequent motion was made to approve the proposed change.  The motion was seconded and passed unanimously with five in favor.  

ADMINISTRATION:  The December 16, 2014 meeting minutes were reviewed and approved as presented by consensus.

The 2014 Annual Report was reviewed and unanimously approved.

The next meeting will be Wednesday, February 25, 2015 @ 5:00 PM.

With no further business to conduct the meeting adjourned at 6:25 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.