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Zoning Board of Appeals Minutes 12/12/18
FINAL

Present for the Board of Appeals and attending the meeting were Wendy Weldon, Chairman, Chris Murphy, Frank LoRusso, Russell Maloney, Joe Chapman, Joan Malkin and Chuck Hodgkinson.  Reid Silva, Matthew Snyder, Will Parry and Ted Rosbeck also attended.        Allison Burger did not attend.     

Ms. Weldon opened the meeting at 4:00 PM.

4:05 PM:  GEORGE SOURATI FOR PAUL HORNBLOWER; Article 4 Section 4.2A3, Article 11 Section 11.6A2d5 and Article 12 Section 12.4 D1; 51 Squibnocket Farm Rd.; Map 35 Lot 1.3:  Construct a 20’ X 40’ in-ground swimming pool with an automatic, retractable cover, the required safety enclosure and pool equipment shed.  The pool water will not have an auxiliary water heater.  The project is in zones B2 and C of the Squibnocket Pond District.

Chuck H. read a letter from Mr. Sourati requesting the hearing be postponed to January 23, 2019 @ 4:20 PM.  A motion was made and seconded to accept the request.  The motion passed unanimously with four in favor.

4:15 PM:   GEORGE SOURATI FOR DAVID AND BETSY EPSTEIN Article 4        Section 4.2A3; 58 Hammett Rd.; Map 9 Lot 4:  Construct an in-ground swimming pool with the required safety enclosure.  The pool’s water circulation equipment will be located in an underground vault.  The pool water will be naturally treated by adaptive and native plant species located in a regeneration zone near the pool.  The pool will not have an automatic retractable cover and the water will not be artificially heated.

Chuck H. read a second letter from Mr. Sourati requesting the hearing be postponed to       January 23, 2019 @ 4:30 PM.  A motion was made and seconded to accept the request.  The motion passed unanimously with four in favor.
 
REID SILVA FOR S. FAIN HACKNEY, TRUSTEE; Article 4 Section 4.2A3;                     36 Ridge Hill Rd.; Map 11 Lots 14, 15:   Ms. Weldon appointed alternate member Ms. Malkin as the fifth voting member for this petition and opened the public hearing at 4:20 PM.  Mr. Silva reviewed a plan labeled Sheet A-1; Option 1 dated 11/2/18 to alter and modify an existing         in-ground swimming pool and adjacent in-ground spa.  The adjacent in-ground spa will be removed and relocated within the existing pool perimeter.  The pool will not be relocated but the pool deck will be replaced to accommodate the change.  The pool fence location will not change.  Mr. Silva did point out how the fence will be lengthened on the south sides to bring it up to current pool enclosure building code.  The Board discussed the site visit observations and how the two gate latches must be inside the gate (on the pool side) and that the gates must be left in place year-round.  With no public comment a motion was made to close the hearing at 4:35 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:  1. The two self-latching gates for the pool enclosure will remain installed 12 months per year.  2.  The south ends of the pool fence with each gate shall extend to the south corners as shown on the plan.  
3.  The self-latching gate mechanisms shall comply with current pool enclosure building code.  The motion was seconded and with no further discussion passed unanimously with five in favor.

REID SILVA FOR S. FAIN HACKNEY, TRUSTEE; Article 4 Section 4.2A3 and        Article 11 Section 11.6A.2.c.5)a)b)c); 21 East Lane; Map 32 Lot 67:  Ms. Weldon appointed alternate member Mr. Chapman as the fifth voting member for this petition and opened the public hearing at 4:40 PM.  Mr. Silva summarized site plan hand-dated 12/12/18 to construct a 15.5 X 72’ in-ground, heated swimming pool and required pool safety enclosure.  The pool water will be heated by a geo-thermal source and the pool equipment will be located in a below ground vault.  The project is in the Atlantic Ocean Coastal District.  Mr. Silva pointed out the self-latching enclosure gates will close automatically by gravity.  The Board discussed the site visit and sight lines from the living room of the planned new house.  There was also much discussion about whether the geo-thermal heating method meets the bylaw requirements.  It was pointed out that several pools have been approved using this method to heat the pool water.  Chuck H. read the Site Review Committee report for the record.  With no public comment a motion was made to close the hearing at 5:00 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented with the following special conditions:  1. There shall be no plantings that encroach upon the clear sight lines from the house to the pool.  2.  The Fire Chief shall approve the stand pipe location before obtaining a Building Permit.  The motion was seconded and passed with four in favor and one abstention (Mr. Murphy).

ADMINISTRATION:  The draft November 28, 2018 meeting minutes were reviewed and approved as presented by consensus.

The FY 2020 budget was reviewed and a motion was made to approve it as presented.  The motion was seconded.  In discussion the Board debated the need to raise the Special Permit fee – currently at $175 per petition – to cover the increased cost to advertise the required two legal notices in the local paper.  The advertising expense category has remained at $2,500 for the past 5 or 6 years.  Approximately $2,200 of this year’s advertising budget has been spent in just five months of this fiscal year.  One option was to have the advertising expense billed directly to each applicant.  The Conservation Commission follows this practice.  The other variable is the number of petitions received each year.  A motion was made to have a public hearing to receive input on raising the application fee from $175 to $300/petition.  The motion was seconded and unanimously approved with four in favor.  Chuck H. will discuss this during the Fincom hearings.  A second vote was taken on the motion to approve the FY 2020 budget which passed unanimously.

With no further business to conduct the meeting adjourned at 5:30 PM.  

Respectfully submitted by Chuck Hodgkinson, CAS.