ZBA Hearing Minutes
Date: April 29, 2008
Hearing: Neu – 9 Bidwell Rd
Hearing began at: 4:00pm
Members Present: Cynthia Weber Chair, Fred Chapman, Robert Lazzarini, Kathleen Wasiuk (alternate) and Robert Gauthier (Clerk)
Also present: George and Jan Emmons, David Hellman (attorney for the Neu’s), Dana Bixby (architect for the Neu’s), Susan Cooper, Dean Amidon, Mark Makuc, Peter Vallianos and Richard Piepho
The hearing began with Cynthia Weber, Chair, explaining the hearing process and then Robert Gauthier, Clerk, read the legal notice and letters from the Planning Board, Conservation Commission, Board of Health and Director of Operations, Maynard Forbes.
Robert Lazzarini commented that the Board did not usually hear from the Director of Operations and that was welcome.
David Hellman of Hellman & Shearn and representative for the Neu’s presented the proposed project. The house was purchase by the Neu’s in June of 2007. The house is currently on piers and is not a 4 season home. When initially purchase it was on just under a ½ acre (.477 acres) and was non-conforming as to road frontage and front lot setback. In January of 2008 the Neu’s acquired a .197 acre parcel from abutter Peter Vallianos which increased the road frontage to 238 feet. The lot coverage will decrease from 5.5% to 5.4% with the proposed project. The Neu’s feel that they will be changing a non-conforming structure on a non-conforming lot to a wholly conforming structure on an almost conforming lot (the lot is still less than 2 acres total).
Dana Bixby, Architect for the Neu’s gave an overview of the architectural aspects of the proposed project. Dana stated that the move of the project will create better drainage, more yard and living space. The Neu’s are creating additional space for parking off of Bidwell Road with the proposed project. Dana stated that the Neu’s are making an effort to have the proposed house blend in with the neighborhood. Robert Lazzarini asked about the proposed amount of excavation to be done. There will be regrading on 2 sides of the house. The current septic system (which is a raised system) will be blended into the scenery.
Kathleen Wasiuk asked why it looks like the driveway imposes on someone else’s land. Dana stated that the driveway would be straightened out and flattened out with a drainage swale. The applicants have read the town’s driveway bylaws and will speak with Maynard Forbes prior to doing any work. Fred Chapman asked for the square footage of the existing house to be compared to the proposed habitable square footage. There will be an increase of 53 square feet on the first floor and the footprint will increase by approximately 40%. Fred asked to have the Board of Health letter read again which required yearly well testing for Nitrate Nitrogen, Ammonia Nitrogen and Coliform Bacteria as well as a deed restriction limiting the home to 3 bedrooms to comply with a variance that was granted
at an earlier date by the Board of Health. The Neu’s distance from their well to their leaching field is only 69 feet.
Fred Chapman asked for an explanation of the “bike room”. Dana stated that it was a bike storage and maintenance room for pedal bikes. Fred asked if the septic system was an alternative system to which Dana thought it was a pump system which was approved and replaced in March of 2007. Robert Gauthier asked for the number of rooms to be stated for the record. Dana gave a run down and confirmed that the house was built pre zoning.
Jan Emmons, abutter asked to see the proposed plan and stated that Doug Neu stated there will be a 10 foot retaining wall in the basement and she wanted to know where it would be in relation to her home. Dana stated that he was incorrect in calling it a retaining wall, that it was a standard basement wall that Mrs. Emmons wouldn’t be able to see as it would be under ground on the side that faces the Emmons’. On the roadside it will be a walk out basement with windows and sliding doors. George stated that it was presented to him as a 2 story house but he feels that with the walk out basement and looking at the pictures that it’s a 3 story house. Dana stated that a “story” is those levels above ground level and there are only 2 stories and the highest peak conforms to
Monterey’s zoning bylaws. Mrs. Emmons asked about the distance of the well from the house and where the septic pipes are located. Dana confirmed that there will not be any building over the septic pipes.
Peter Vallianos asked for the difference in elevation of the old first floor and the proposed first floor. Dana stated that it will be 7 ½ feet. A detailed landscaping plan has not been completed to date. Fred asked what the distance was from the top of the stone chimney to the lowest point and Dana didn’t have an exact number but estimated around 18 feet.
George Emmons stated that he is worried about the visual impact on his home as well as the decrease in property value of his home. They feel that the existing home is unobtrusive and the new home will be an obstruction of their current views. Jan is concerned about the privacy screen that the Neu’s will put up that will change their current landscaping.
Peter Vallianos asked to see the views (current and proposed) again. Dana confirmed for the Emmons’ that the proposed project would actually give them more view of the Lake.
The evidentiary portion of the hearing was closed at this time.
Robert Gauthier read the building permit rejection letter from the Building Commissioner for the record. The Board confirmed that due to the purchase of the abutting land the project is now conforming in almost all areas.
The Board would require that the lots be merged to which David Hellman stated that because both lots were non-conforming, by law they are automatically merged into one lot that could not be subdivided in the future. The Board commended the Neu’s on making every effort possible to make the proposed project as conforming as possible.
The Board made the following findings:
1. The lot is non-conforming.
2. The house is still non-conforming since it is on a non-conforming lot.
3. The proposed renovated structure meets all zoning bylaws with regards to setback requirements.
4. The Board determined that the proposed project would not increase the current nonconformities.
A motion was made and seconded to take a vote to approve the proposed project under Section IV.E.2.b.
Cynthia Weber - grant
Robert Lazzarini - grant
Robert Gauthier - grant
Fred Chapman - abstained
Kathleen Wasiuk - grant
The project was approved with the following conditions:
1. A deed restriction limiting the home to a maximum of three (3) bedrooms as per the septic design.
2. Yearly testing of the well for Nitrate Nitrogen, Ammonia Nitrogen and Coliform Bacteria with a copy of the results provided to the Town.
3. The driveway will need to be brought up to current Monterey Driveway Regulation standards and approved by the Director of Operations.
4. Landscaping to satisfy the neighbors and protect privacy.
The hearing concluded at 5:27pm
Submitted by
Melissa Noe, ZBA Secretary
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