Zoning Board of Appeals
Minutes
September 15, 2010
Land Use Meeting Room
Members present: Chair Ethan Berg, EB; Ned Douglas, ND; Robert Fuster, RF
Shawn Leary Considine, SLC; Jo Anne Magee
Staff present: Peggy Ammendola, Land Use Clerk, PA
7:00 pm Harry J. Stuart and Catherine A. Doherty, 212 Main Street (Map 17, Parcel 59). Variance from Section 4.1.1 – Table of Dimensional Requirements to vary the side yard setback requirement of 20’ to allow for the construction of a fire escape to be set back from the north side yard a distance of 9’8 3/4”.
ND disclosed that he and his wife file their income taxes through the firm of Stuart and Doherty, but felt that he could be impartial in his decision. The applicants agreed.
Representing the applicants was Attorney Philip Heller. Present were both Mr. Stuart and Tim Doherty who represented his wife Catherine.
Bill Thornton, Building Commissioner, was also present.
Mr. Heller made the presentation which included elevations of the proposed fire escape staircase. The structure is located on 1.1 acre lot which conforms except for the front and a side yard setback. The applicants’ office is on the first floor and on the second floor are two apartments. The Building Code requires that there be a second means of egress for the upstairs apartments and the only possible location for this egress is a common hallway. Mr. Heller stated that the proposed location and configuration is the only practical solution and therefore a variance could be granted based on hardship, financial or otherwise.
Two letters of support were read into the record. They were:
1) Mary Jo Piretti, September 9, 2010
2) The Keator Group, LLC, September 9, 2010
Mr. Thornton approves the spiral staircase as a compliance alternative because of the windows that are in the vicinity of the proposed fire escape. He submitted this request to The Department of Public Safety, Building Regulations and Standards, who administers the Building Code, and he has not received a rebuttal from Boston.
RF made a motion to close the public hearing and ND seconded the motion. The Board agreed 5-0.
SLC made a motion to grant the variance as presented and RF seconded the motion. The Board voted to approve 5-0.
ND will be writing the decision.
Respectfully submitted,
Peggy Ammendola
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