Zoning Board of Appeals
Minutes
May 19, 2010
Land Use Meeting Room
Members present: Chair Pam Kueber, PK; Ethan Berg, EB; Ned Douglas, ND; Shawn Leary Considine, SLC; Cliff Snyder, CS
Presentation with Attorney Phil Heller regarding LD Associates, Inc., 55 Pittsfield Rd., Map 17 Parcel 40: To review and approve modified building plans, floor plans and facade for one building containing four townhouses at~Lenox Woods at Kennedy Park
Present were: Attorney Phil Heller, David Ward and Matt Ward of LD Associates, Inc., and Jim Scalise of SK Design.
Mr. Heller stated that LD Associates wishes to amend a Special Permit approved in 2005, 2006 and 2009 by substituting the 12-unit apartment style building with a 4-unit townhouse style building. This proposed change was also consistent with a site plan for this particular structure, featuring 5 units, approved on Dec. 28, 2006. The foundation has already been built.
Mr. Heller explained that when the underground infrastructure was constructed the sprinkler system complied, but in January 2010 the Building Code changed which meant that this plan would no longer be in compliance. To bring it into compliance would be at considerable cost and disruption, so it was decided that the best approach would be to reduce the number of units to four as the existing infrastructure is sufficient for the smaller number of units. The applicants are hoping that this change is small enough that a new application process would not be required.
SLC disclosed that her legal office has done some work for LD Associates, Inc., but felt that she could be fair in making a decision. Mr. David Ward stated that he had no objections to SLC participating.
After discussion, it was determined that this change is small, and the impact of having eight fewer units on a footprint that was originally built for twelve, would be less thus a new petition would not be necessary.
SLC made a motion to approve this change as presented and EB seconded the motion. The Board voted to approve 5-0. PK will submit a memo to file and the building inspector approving the change; new site plan documents were initialed and added to the file.
Spiro Grigoropoulos, 9 Franklin Street (Map 43, Parcel 81) Special Permit under Section 6.3 - Outdoor Dining to allow seasonal outdoor dining as an accessory use to an eating establishment. Continued from May 5, 2010. On May 19, 2010, Mr. Grigoropoulos brought in a letter to withdraw his petition.
David and Joan Hobbs, 37 Roaring Brook Road (Map 29, Parcel 38). Special Permit under 7.2.2 to construct a new unattached 2,000 +/- square feet principal single family structure and use the existing 708 square foot historic cottage as an accessory dwelling unit. The Petitioners request a Variance from Section 4.1.1 – Minimum Lot Frontage.
CS will write the decision.
Making the presentation were Mr. and Mrs. Hobbs and their daughter Suzanne Cotton.
Mr. Hobbs stated that he wants to assist his daughter and her family in providing a home for them on this 3.4 acre lot. There is an existing historic cottage of just over 700 square feet that he rents out. Frontage for his property is 160 feet. He leases 3.5 acres from the State which provides an additional 100 feet of frontage. He has asked the State if they would consider selling him frontage necessary to make up the difference required to make his lot conforming, but the process is rigorous and lengthy.
According to Mr. Hobbs, the Building Inspector Bill Thornton has said that if this petition is not approved, an addition to the cottage could be built by right. He feels that this solution is not feasible given the configuration of the cottage and the location of the septic fields.
ND pointed out that to have an ADU the owner of the property has to live on the property. Mr. Hobbs said that he will be deeding the property to his daughter.
Discussion ensued and the Board agreed that a site visit was in order. SLC made a motion to schedule a site visit on June 2, at 5:45 pm and continue the hearing to 6:45 pm on the same day. PK seconded the motion and the Board voted to approve 5-0. Mr. Hobbs will place stakes at the proposed location for the house.
Kathryn Stevens, 586 East Street (Map 23, Parcel 43). Special Permit~under Zoning Bylaw Sections 3.3.3 and 3.3.7 to demolish the existing non-conforming detached garage structure, and reconstruct a new detached garage in the same footprint.
ND will write the decision
Ms. Stevens presented her application. She bought the property four months ago. The existing garage is in disrepair and she wishes to demolish and rebuild a new garage. The existing garage which measures 420 square feet has two small jogs. The replacement garage will be a true rectangle, correcting the two jogs, and the proposed size 480 square feet. Ms. Stevens said that both abutting neighbors approve.
SLC made a motion to close the public hearing and CS seconded the motion. The Board voted to approve 5-0.
SLC made a motion that the petition be granted under Sections 3.3.3 and 3.3.7 to demolish the existing garage and reconstruct a new detached garage and ND seconded the motion. The Board voted 5-0 to approve.
Kevin T. Haynes, 12 Morgan Street (Map 8, Parcel 188). Special Permit~under Zoning Bylaw Sections 3.3.5 and 3.3.7 to demolish existing structures and rebuild new home. This has been rescheduled to June 2, 2010 because advertising deadline was not met.
Ernest F. and M. Judith Jordan, 26 Patterson Road (Map 38, Parcel 14). Variances from Section 4.1.1 and Section 10 – Definitions, as by definition an “Accessory Building”.
EB will be writing the decision.
Mr. Jordan presented his application. His lot measures 110’ X 120’ and the topography does not allow for placement of the shed in any other location. He needs a shed for storage of yard equipment and snow blower.
SLC made a motion to close the public hearing and CS seconded the motion. The Board voted to approve 5-0.
The Board agreed that the requirements for a variance were met.
SLC made a motion to grant the petition for a variance to allow for construction of the shed with a reduction in the side yard setback. CS seconded the motion and the Board voted to approve 5-0.
Respectfully submitted,
Peggy Ammendola
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