FINAL
Present for the Board of Appeals and attending the meeting were: Allison Burger, Chairman, Russell Maloney, Vice Chairman, Wendy Weldon, Frank LoRusso, Todd Christy and Chuck Hodgkinson. Also attending were Reid Silva, Marni Lipke, Mark Hurwitz, Blake Middleton, Phil Regan, George Sourati, Peter Breese, Michael Carroll, Katy Plasse and Sam Decker. Allen Healy and Chris Murphy were absent.
Ms. Burger opened the meeting at 5:02 PM and appointed Alternate member Todd Christy as a voting member for the evening’s agenda.
SAM DECKER AND KATIE PLASSE: Article 6 Section 6.6; 31 Eben’s Lane; Map 13 Lot 23.2: Ms. Burger opened the public hearing at 5:04 PM. Ms. Plasse explained the site and the proximity of the Land Bank trail along the east lot line. She summarized the request to allow construction of a single-family dwelling on a 0.55-acre Youth Lot in a location that does not meet the minimum 50-foot setback distance from the south lot line. The structure is approximately 28 feet from the lot line. She added this would move the proposed house further away from the Land Bank trail and reduce the number of cleared trees. The letters of consent from all abutters whose property is within 100 feet of the house location were read for the record. With no public comment a motion was made to close the hearing at 5:14 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the house location and site plan dated 1/9/15 showing a no cut zone with the following
special conditions: 1. A no cut zone that runs 70 feet from the south lot line and 20 feet from the east lot line shall be established. This area shall be clearly staked during all construction. 2. There shall be no disturbance on abutting lot Map 13 Lot 21 to the south. This lot line shall be clearly staked during all construction. Any construction disturbance in the approximate 28 feet south of the planned house to the lot line shall be restored. 3. The Board of Health shall approve a well and septic design for this house location before obtaining a Building Permit. The motion was seconded and with no further discussion passed unanimously with five in favor.
GEORGE SOURATI FOR HENRY H. AND CAROL B. GOLDBERG; Article 6 Section 6.11B.2; 97 Pasture Rd.; Map 20 Lot 47.13: Ms. Burger opened the public hearing at 5:25 PM. Mr. Sourati outlined the project and site plans dated 1/23/15 to add approximately 1,165 sq. ft. of living space to the existing single-family residence that has 5,125 sq. ft. of living space. The total area of living space on the 4.2-acre parcel with the addition will be 6,290 sq. ft. The maximum allowable area by Special Permit is 6,300 sq. ft. He said there will be no change in the roof ridge height. Chuck H. added no letters have been received from abutters within 1,000 feet of the parcel. The Board commented that during the site visit they noticed the pool fence does not meet current specifications.
The Board proceeded to review each of the thirteen criteria outlined in the bylaw to see how the project complies with each as follows: 1a.,b. okay. 1c. There is a significant addition to the amount of glass area on the north side. The existing berm will adequately shield the increased light emissions. 2.-9. N/A. 10. The Board commented that if approved this would bring the living area up to 10 sq. ft. below the maximum allowed in the bylaw for a 4.2-acre parcel. Since this is a significant amount of living space the Board asked how the owner plans to meet the alternative energy requirements outlined in condition F. 10. Mr. Breese commented the windows will be replaced in the existing main house and the insulation will be dramatically upgraded. He added that the
use of a photo-voltaic array to offset the increased energy use can be mitigated. The Board asked if he had a proposal and Mr. Breese said no. The Board discussed the possibility of requiring 1/3 of the annual power use be offset by an array of solar panels somewhere on the property. There was much discussion among the Board, Mr. Breese and Mr. Sourati. The Board concluded it might be best if they continue the hearing to April 22 to provide time for the applicants to discuss options with their client. The applicants did not want to do this and pressed for a decision.
The Board continued evaluating the remaining specifications as follows: 11. As proposed by the project engineer no heavy equipment shall be used. 12.-13. N/A. Considering the applicants do not want to continue the hearing and with no public comment a motion was made to close the hearing at 6:15 PM. The motion was seconded and unanimously approved. A motion was made to approve the site plans as presented and dated 1/23/15 with the following special conditions: 1. Before a Building Permit is issued the applicant shall provide a plan to install photo-voltaic panels on the property that are sufficient to generate enough power for the entire house as indicated on electric bills for calendar year 2014. 2. The existing pool enclosure shall be brought up to current
bylaw specifications before an occupancy permit is issued for the addition. The motion was seconded. There was much discussion about whether or not the Board should specify the capacity of the solar array. The motion came to a vote and did not pass with three in favor and two opposed (Ms. Weldon and Mr. Maloney).
After additional discussion a second motion was made to approve the application, site plans and elevations as presented and dated 1/23/15 with the following special conditions: 1. Before a Building Permit is issued the applicant shall provide for approval by the ZBA Chair or Vice Chair a plan to add an array of photo-voltaic panels on the property. 2. The built-in pool enclosure shall be brought up to current bylaw specifications before an Occupancy Permit is issued for the house renovation and additions. The motion was seconded and unanimously approved with five in favor.
REID SILVA FOR KEITH MCNALLY; Article 4 Section 4.2A3; 34 Windy Gates Rd.; Map 30 Lot 104.1: Ms. Burger confirmed all five Board members present are eligible voters and opened the continued hearing at 6:30 PM. Mr. Silva reviewed a revised site plan dated 2/25/15 and a heat pump plan dated 2/20/15 that changed the pool location as requested by the Board. He added the large shrub near the porch will be removed to open the sight lines to the pool even further. He also reviewed the location and plan for an air source heat pump to heat the pool water. Abutter Marni Lipke read her letter for the record with concerns about pool noise. Chuck H. then read an email from Mr. McNally addressing and clarifying the points raised in Ms. Lipke’s letter. Mr. Silva proposed
rotating the pool equipment shed 90 degrees to have it be located between the heat pump and Ms. Lipke’s property. This would act as an additional noise barrier. The Board and Ms. Lipke thought this was a good solution.
With no further comment from the public a motion was made to close the hearing at 6:45 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised site plan as presented and dated 2/25/15 and a revised sketch for the equipment shed plus the hot air heat pump vault detail dated 2/20/15 with the following special conditions: 1. The large shrub at the corner of the screened porch shall be removed to improve sight lines to the pool. 2. The Fire Chief shall approve the standpipe location before obtaining a Building Permit. 3. A dedicated electric meter shall be installed to record the amount of power (KWH) used by all pool equipment including the water handling systems, hot air heat pump and circulator. 3. The owner shall
create a separate account with a green energy program comparable to NStar’s which will be discontinued 7/1/15 and purchase the amount of KWH of electricity used by all pool apparatus on an annual basis from this green energy program. 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 decide 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.
REID SILVA FOR GEM IRREVOCABLE TRUST; Article 4 Section 4.2A3; 5 North Abel’s Hill Rd.; Map 24 Lot 161: Ms. Burger confirmed that all Board members present are eligible voters and opened the continued public hearing at 6:48 PM. Mr. Silva reviewed the 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. 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.
Mr. Middleton explained the current pool has been there for over 60 years and the family wants to fix it, make it 10 feet longer and rotate its footprint 90 degrees. He continued by stating he understands the intent of the pool location regulations but, to relocate the pool in front of the house would require significant excavation and damage to the site. Mr. Silva suggested using a CCTV system with a monitor in the kitchen. With no public comment a motion was made to close the hearing at 6:57 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented and dated 12/26/14 with the following special conditions: 1. The Fire Chief shall approve the standpipe location before obtaining a Building Permit. 2. A closed
circuit TV camera system shall be installed at the pool with the monitor located in the main house’s kitchen. The motion was seconded and with no discussion passed with four in favor and one opposed (Ms. Burger).
DISCUSSION: PHIL REGAN FOR RICHARD KAUFFMAN; 20 Chappaquoit Rd.; Map 24 Lot 211: Mr. Regan thanked the Board for its time and explained an amended Special Permit was issued for this project on 5/28/14. He then reviewed a proposed change to a stairway leading to a roof deck that must be code compliant. The revised stairway adds 24 sq. ft. to the footprint (8’ X 3’). The Board asked if the neighbors will see the larger stairway. Mr. Regan said they will not see it from their homes. After brief discussion a motion was made to declare the change as inconsequential. The motion was seconded and unanimously approved. A second motion was made to approve the revised stairway plan as presented and dated 2/25/15. The motion was
seconded and unanimously approved with five in favor.
DISCUSSION: MICHAEL CARROLL FOR HARRIS; 1 Wequobsque Rd.; Map 30 Lot 46: Mr. Christy recused himself from the discussion because he is an abutter to this property and therefore has a conflict of interest. Mr. Carroll also thanked the Board for its time and explained a Special Permit was issued on Jan. 23, 2013 to renovate and expand this house. Mr. Carroll summarized the requested changes as follows: 1. Add a 16.5’ X 20’ ground level deck to the house. 2. Change a triple window to a sliding door for deck access. 3. Add sidelights to the entry door. Mr. Christy commented as a neighbor and thought this was a good improvement. The Board asked if the deck as shown is at least 25
feet from the lot line. Mr. Carroll said the drawing may not appear that way but, it meets the 25-foot setback. With no further comment a motion was made to declare the changes as inconsequential. The motion was seconded and unanimously approved with four in favor. A second motion was made to approve the plan as presented provided a surveyor certifies the corner of the deck is at least 25 feet from the lot line. The motion was seconded and with no discussion passed unanimously with four in favor.
ADMINISTRATION: The February 4, 2015 meeting minutes were reviewed and approved as presented by consensus.
The next meeting will be Wednesday, March 25, 2015 @ 5:00 PM.
With no further business to conduct the meeting adjourned at 7:30 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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