ZBA Hearing Minutes
Date: August 17, 2005
Hearing: Nault
Hearing began at: 4:08pm
Members Present: Peter Murkett Chair, Fred Chapman, Cynthia Weber, Dean Amidon, Robert Lazzarini, and Gige O’Connell (alternate)
Also present: Burt Wadman, Design Consultant, Richard Nault, and Peter Vallianos, Attorney
This Public Hearing is to act on the application for Special Permit under Section IV E 2b for Richard E. Nault at 45 Northeast Cove Road, Monterey, MA.
Letters from all three boards (Board of Health, Conservation Commission, and the Planning Board) were read.
Richard & Pauline Nault presented their case, giving the current style and dimensions. Their plan is to expand it and make it their home for the better portion of the year.
Peter Vallianos presented the new plan to fit in the new addition as comfortably as possible in the area, keeping it modest and charming. The proposal is to make a new bedroom in the existing cottage and connect that with a walkway leading to a new wing, which would have a 2nd bedroom, bathroom and a garage.
Burt Wadman presented his designs and the uniqueness of the site. Several different views of the proposed changes were provided.
The deed restriction for 2 bedrooms was mentioned as well as the new well and septic system that were installed several years ago by ZBA members. The new habitable living space was questioned and it will be 1920 square feet from the current 760 square feet. The board asked if the Naults have had any contact with the abutter, Blackman that had written a negative letter for the last application that was withdrawn. No communications have occurred and the abutter is not present. The 75ft setback from the lake in the zoning bylaws was not taken into consideration as the designer and attorney interpreted it as any new “from scratch” building.
The evidentiary portion of the hearing was closed at 4:47pm. The board began deliberations. Dean expressed that he’s confused by the Conservation Commission’s letter and Fred expressed concerns that nothing has been presented to the Conservation Commission as of yet. The board requested that the Conservation Commission letter be read again. A motion was made to add a condition that all Conservation Commission requirements must be met for the grant to be valid. Motion was seconded. This motion was voted on and all agreed.
Two conditions were suggested that 1. The covered walkway and extension of bedroom, bath and workshop/garage are to be considered to comprise this footprint as a single-family residence and 2. The extension of the bedroom, bath and garage/workshop may not be furnished with a food sink, refrigerator or cooking element. A motion was made and seconded for the 1st condition and agreed upon by all members. A motion was made and seconded for the 2nd condition and agreed upon by all members.
By a 4 to 1 vote, the Special Permit was granted, based on the following findings and conditions:
Approve: Robert Lazzarini, Dean Amidon, Peter Murkett, and Cynthia Weber
Deny: Fred Chapman
Conditions set forth by the board:
1. All Conservation Commission requirements must be met for the grant to be valid.
2. The covered walkway and extension of bedroom, bath and workshop/garage are to be considered to comprise this footprint as a single-family residence.
3. The extension of the bedroom, bath and garage/workshop may not be furnished with a food sink, refrigerator or cooking element.
Findings:
1. The lot is non-conforming being sub minimum size and frontage and the house it has structure within setback.
2. All new construction or proposed addition would not further encroach on setback and therefore does not increase the non-conforming nature.
The Hearing concluded at 5:20pm
Submitted by
Melissa Noe, ZBA Clerk
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