FINAL
Present for the Board of Appeals and attending the meeting were Russell Maloney, Chairman, Frank LoRusso, Vice Chairman, Allison Burger, Chris Murphy, Wendy Weldon, Joan Malkin, Joe Chapman and Chuck Hodgkinson. Brenda Celeste, Jesse Dutra, Wayne Iacono, Reid Silva, David Damroth, Barbara Lee, Brian Kaplan, Lenny Jason, Geoff Kontje, Joseph Dick, Judith Worthington, Trina Smith, George Sourati, David and Betsy Epstein and James Langlois also attended.
The meeting came to order at 4:00 PM. As this is the first ZBA meeting after Town Meeting, the Board discussed rotating the Chairman duties. A motion was made to appoint Russell Maloney as Chairman and Frank LoRusso as Vice Chairman. The motion was seconded and with no discussion passed unanimously with two abstentions – Messrs. Maloney and LaRusso.
Mr. Maloney appointed alternate members Ms. Malkin and Mr. Chapman as voting members for Wendy Weldon’s hearing as both Wendy and he will recuse themselves from that proceeding.
GEORGE SOURATI FOR DAVID AND BETSY EPSTEIN Article 4 Section 4.2A3; 58 Hammett Rd.; Map 9 Lot 4: Mr. Maloney opened the continued public hearing at 4:05 PM and confirmed all five eligible voters are present -- Wendy, Chris, Frank, Russell, Joan. The Board welcomed the Epstein’s to the meeting and expressed their gratitude as home owners rarely attend hearings for their petitions. Mr. Sourati reviewed revised site plans L1.01, L1.02 dated 4/24/19 that reflect the new pool location as observed at yesterday’s site visit. The plan is to 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 have a manually-operated mesh cover for the off season and the water will not be artificially heated. The pool and enclosure meet the minimum 50-foot setback distance from the lot lines.
Mr. Sourati pointed out there will be no boulders or vegetation within four feet outside the pool enclosure. The Board discussed the sight lines from the dwelling and pointed to the footnote on the site plan specifying there will be a CCTV system installed to further increase pool visibility. Mr. and Mrs. Epstein reinforced their agreement with the safety measures and added there will be a TV monitor set up in both the dwelling near the pool and the other residence on the adjoining lot that is also owned by the Epsteins. Mr. Sourati confirmed the pool enclosure will not exceed 1” X 2” mesh size. With no public comment a motion was made to close the hearing at 4:26 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised plans as
presented with the condition the stand pipe location shall be approved by the Fire Chief before obtaining a Building Permit. The motion was seconded and after brief discussion passed unanimously with five in favor.
JUDITH WORTHINGTON; Article 4 Section 4.2A2; 11 Clambelly Rd.; Map 7 Lot 34: Mr. Maloney opened the public hearing at 4:40 PM. Ms. Worthington explained she and her husband sold paintings out of their home for over 25 years. Now that he is no longer with us she would like to continue this practice with the required special permit to open a home occupation to sell her husband, Jules Worthington’s, paintings and prints out of his gallery located inside her residence. She will also sell home-baked goods to the patrons. Mr. Maloney led the discussion on each of the bylaw specifications for a home occupation (4.2A2 letters a-l). After discussing each the Board concluded the proposed home business operation meets all of the criteria.
Chuck H. read five letters from abutting neighbors—3 from Ms. Smith and one each from Mr. Iacono and Ms. Leibowitz. Ms. Smith read a prepared statement for the record opposing the petition in fear of excessive traffic and truck deliveries. Ms. Worthington confirmed she will have no employees and there will be no truck deliveries as she buys her baking supplies at the grocery store. The volume of baked goods made is so small she does not need bulk deliveries. Mr. Iacono expressed his full support for Ms. Worthington’ petition and added the majority of the properties on Clambelly Road have home occupations. Ms. Smith reiterated that she and Ms. Worthington share a common driveway off Clambelly Road. Ms. Worthington mentioned she
pays for approximately 2/3 of the driveway maintenance because she is a year-round resident. The Board added that shared driveways are very common throughout town and folks purchase their properties with full knowledge of the shared driveway access.
With no further 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 Special Permit for a home occupation with the condition that this Special Permit is only personal to the applicant and for the applicant’s use. The motion was seconded and with no further discussion passed unanimously with five in favor.
GEOFF KONTJE FOR JEROME VASCELLARO; Article 6 Section 6.6; 235 State Rd.; Map 33 Lot 88: Mr. Maloney opened the public hearing at 5:05 PM. Mr. Kontje reviewed the site plan hand-dated 4/24/19 to install an auxiliary generator in a location that does not meet the minimum 50-foot setback distance from the lot lines. The generator will be approximately ten feet from the southeast lot line. The project is in the State Road Roadside District. Chuck H. distributed photos of the location taken at yesterday’s site visit. He then read a letter of consent from the abutter whose property is within 100 feet of the generator. A second letter from a neighbor outside the 100-foot radius of the generator was also read which expressed a request for additional screening.
The Board read the mechanical equipment noise bylaw Article 5 Section 5.9 aloud for Mr. Kontje’s benefit. Chuck H. read the Site Review Committee report for the record. With no public comment a motion was made to close the hearing at 5:15 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the condition that additional vegetative screening shall be planted to shield the exposed south and west sides of the generator. The motion was seconded and passed unanimously with five in favor.
REID SILVA FOR WENDY WELDON; Article 6 Section 6.6; 18 Austin Pasture Rd.; Map 35 Lot 2: Board members Maloney and Weldon recused themselves and sat in the audience. Mr. LoRusso opened the public hearing at 5:18 PM. Mr. Silva reviewed a revised site plan dated 4/23/19 to obtain setback relief for the existing structure from a proposed new lot line to the northwest of the structure. The proposed new lot line adds approximately 2.46-acres to Map 35 Lot 3.2 owned by The Nocket Downs Nominee Trust and creates a 6.58-acre +/- parcel. The structure will be approximately 32 feet from the newly-created lot line to the northwest. He added this plan was extensively reviewed by the Planning Board that endorsed the Form A subdivision. Ms.
Weldon is also the abutter within 100 feet of the existing structure. He summarized the history of this subdivision and said the newly-created 2.46-acre piece of land will be added to Map 35 Lot 3.2. Abutter David Damroth asked if Article 6 Section 6.6 applies to existing buildings or only to new construction. Mr. Damroth’s attorney David Kaplan expressed his opinion that the bylaw only pertains to new structures and this proposal would require a variance. Building Inspector and Zoning Enforcement Officer Lenny Jason said it has always been the town’s practice to treat existing structures as new structures when lot lines are changed as is the case with this proposal. After further discussion and with no additional public comment a motion was made to close the hearing at 5:58 PM. The motion was seconded and unanimously approved. A second motion was made to approve revised plan dated 4/23/19 as presented. The motion was seconded and
passed with four in favor and one abstention (Ms. Malkin).
JOSEPH DICK FOR DOUG LIMAN; Article 8 Section 8.3; 34 Blacksmith Valley Rd.; Map 35 Lot 38: Mr. Murphy left the meeting and Mr. Maloney appointed alternate Ms. Malkin as a voting member. He then thanked Mr. Dick for his patience and opened the public hearing at 6:00 PM. Mr. Dick reviewed the site plan hand-dated 4/24/19 to re-build the pre-existing, non-conforming 20’ X 20.5’ garage and retain the existing 12’ X 12.5’ tool shed. The footprint of the garage will not change and remain approximately 3’ 8” from the north lot line. The roof ridge height will be 16 feet above grade. The project is in Zone C of the Squibnocket Pond District. He added the new structure will not have water service and will only be used for storage purposes. Abutter Barbara Lee
asked and Mr. Dick confirmed that the stone wall behind the garage will not be touched. Ms. Lee further asked that all water drainage off the structure be confined to Mr. Liman’s property. Mr. Dick agreed. Chuck H. read the Site Review Committee and Squibnocket Pond District Advisory Committee reports for the record. With no further public comment a motion was made to close the hearing at 6:08 PM. The motion was seconded and unanimously approved. A second motion was made to approve the plan as presented with the condition that the water drainage system shall contain the water on Map 35 Lot 38. The motion was seconded and with no further discussion passed unanimously with five in favor.
ADMINISTRATION: The draft March 27, 2019 meeting minutes were reviewed and approved as presented by consensus.
With no further business to conduct the meeting adjourned at 6:15 PM.
Respectfully submitted by Chuck Hodgkinson, CAS.
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