These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Marc Garrett, Malcolm MacGregor, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Staff Members: Lee Hartmann, Valerie Massard, and Howard Coppari
Recording Secretary: Eileen Hawthorne
Administrative Notes
Minutes:
The Board approved the minutes of April 27, 2009 as presented.
The Board approved the minutes of May 4, 2009 and May 11, 2009 with the changes noted below.
The Board approved a bond release for B498 – Milts Way in the amount of $3031.70 plus accrued interest.
The Board approved a two year covenant extension for B527 – John Paul Estates.
The Board approved a release of covenant for lot 14-7 B482 – Grey Oaks in order to correct a typographical error on a previously recorded release.
The Board approved the following Form A plans:
A4333 – Jean Loewenberg and Larry Rosenblum and R & K Realty Trust, West Long Pond Rd, Map 69, Lots 45A-3A (42,100 sf) and 45A-3B (43,000 sf)– Lot Line Adjustment to create Lots 45A-5 (42,100 sf) and 45A-6 (43,000 sf)
A4326/B555 – Graffam Family Realty Trust and Annawon Council of Boy Scouts of America, Graffam Road, Map 107, Lots 63-6 (8.05A) and 66-1 (6.37A) – Divide to create 63-7 (1.18A), 63-8 (1.35A), 63-9(1.24A), 63-10 (1.51A), 63-11 (1.60A), 63-12 (1.83A) and 66-2 (6.75A)
A4114 – Frank C. Dunlap and Dunlap’s Propane Inc., Holman Road, Map 89, Lots 34G-4 (2.96A) and 34G-5 (6.28A)– Lot line adjustment to create Lots 34G-8 (3.14A) and 34G-9 (6.26A)
Larry Rosenblum recused himself from taking any action on Form A Plan A4333.
Paul McAlduff moved to approve the Administrative Notes as presented with the exception of Form A plan A4333.
Larry Rosenblum requested that the May 4, 2009 minutes reflect on page 3 that the Planning Board will have an opportunity to participate in the review of the improvements to the Clark Road/Long Pond Road intersection and that the May 11, 2009 minutes reflect that the memorandum submitted to the Planning Board regarding the Board’s recommendation to Town Meeting on Article 27 was from both Mr. Rosenblum and Malcolm MacGregor and that the following sentence be struck from the minutes of May 11, 2009 “Malcolm MacGregor concurred with most of Larry Rosenblum’s points”.
The vote was unanimous (4-0)
Bill Wennerberg moved for the clerk to sign Form A plan A4333; the vote was (3-0-1) with Larry Rosenblum in abstention.
B515 – Nestle Down (VM)
Reconsideration of Vote
Paul McAlduff moved for the Board to modify the vote taken on April 13, 2009 for B515 Nestle Down Definitive Plan Modification to require one sidewalk constructed with pervious pavers, Cape Cod berm, and granite curbing only at the inlets to protect the catch basins.
Bill Wennerberg was concerned that pervious pavers would not hold up long term. He suggested one paved sidewalk with vegetation and granite curbing at the drainage inlets.
Larry Rosenblum preferred a single concrete sidewalk with Cape Cod berm which would be more durable and stable than asphalt or pervious pavers.
Paul McAlduff modified his motion to eliminate one sidewalk and granite curbing with the exception of the drainage inlets and to require one concrete sidewalk.
Mr. Wennerberg suggested that asphalt would be more appropriate than concrete as it is easier to match asphalt when driveways are being installed.
Bill Wennerberg moved to amend the motion to require that the sidewalk be constructed of bituminous material with the option for the developer to install concrete per the specifications in the Rules & Regulations, or pervious pavers after peer review and approval of materials; the vote to amend was unanimous (4-0).
The vote to modify the previous vote in order to require one bituminous sidewalk with an option for the use of other materials as stated above, Cape Cod berm, and granite curbing at the drainage inlets only was unanimous (4-0).
Appointment – Richard Serkey
B554 – LaRocque RDD Form A4325
Atty. Richard Serkey presented a request to endorse the ANR plan and covenant for B554 – LaRocque RDD/Form A4325. He noted that Parcel B on the plans may be conveyed to an abutter to straighten out their lot line and not to the Boy Scouts as shown on the plan viewed during the public hearing. Parcel B will remain open space.
Paul McAlduff moved for the Board to sign the covenants and for the clerk to sign the ANR plan with the additional note that Parcel B is to remain open space; the vote was (unanimous 4-0).
BOA 3529 – Kevin Ryan (HC 6/3)
1117 Long Pond Road/Map 56, Lot 33-3
Atty. Jeffrey Angley presented the appeal of the Director of Inspectional Services’ decision questioning the validity of two residential cottages along with a principal structure (three total) on a single lot of record. The bylaw allows for one residential use per lot and there is a question whether they three residential units are pre-existing non-conforming. The 1962 bylaw allows only one residential use per lot and the smaller structures were converted to dwelling units in 1964. A 1963 Land Court plan of land shows one residential structure with a tool shed, garage and camp structure. According to a family member of the original owner, the tool shed was converted in 1964 and the camp was converted in 1965.
Atty. Richard Serkey represented the current owner, Raymond Gniewek, who purchased the property in 1990. At that time, the main house and two cottages were occupied. Atty. Serkey stated that the three residential structures have been occupied since the 1960’s. He noted that the petitioner purchased his property in 2004 and that the petitioner’s lot is subject to an access easement for the benefit of the residents of Lot 33-3. He noted that the 1958 bylaw did not require separate lots for each residential structure, that it was the 1961 bylaw that first requires residential structures to be on separate lots. Atty. Serkey stated that in 1984 the original lot was subdivided to create three lots with reduced frontage. Atty. Serkey felt that the appeal of the enforcement action should be
denied.
Lee Hartmann noted that he has reviewed all available information and there is conflicting information on the various plans. The 1963 plan shows a single dwelling with a tool house and a camp while the more recent plan shows building outlines with no designation as to use. Mr. Hartmann stated that in 1983 when the plan to subdivide the lots was submitted two actions were needed; one to create the new lots and a special permit to alter a pre-existing non-conforming use. Mr. Hartmann stated that if the Town had knowledge that three dwelling units were on the site, it would have been acknowledged in discussions that took place when the property was being subdivided. The staff recommendation supports the petitioner’s stand that the property is not in compliance with the zoning regulations. A special permit
would be required to bring the property into compliance.
Paul McAlduff was supportive of the Building Inspector’s position that the three structures were in existence and are legally occupied.
Atty. Angley stated that the application to the Zoning Board does not mention three dwellings and they would not have allowed an 8 ft. road to service five residential structures. He noted that the traffic for the two extra dwellings is excessive, it is an illegal use and it is bothering the neighbor.
Larry Rosenblum was supportive of staff’s recommendation. He felt that the facts are not in the record that substantiate the three dwellings are in compliance with the Zoning Bylaw. He felt that further investigation was needed.
Bill Wennerberg asked if it would be an option for the Board to take no action.
Mr. Hartmann stated that the Board makes an advisory recommendation and that they could choose to take no action.
Mr. Wennerberg moved for the Board to take no action.
Mr. Rosenblum stated he would not support the motion.
Mr. Wennerberg withdrew his motion and moved for the Board to support staff’s recommendation as follows:
It is recommended that the Director of Inspectional Services’ decision be overruled as the property in question is in violation of the zoning bylaw that only allows for a single principal structure on a plat of land. The R-25 Zone allows for a single house on a single lot of record.
To allow the three existing dwellings to remain on this altered lot, a special permit to alter a pre-existing non-conforming is needed.
The vote was (2-2) with Paul McAlduff and Bill Wennerberg in opposition. The motion did not pass.
Marc Garrett joined the Board.
BOA 3532 – Levis Realty Trust (HC 6/17)
102 Court Street/Map 14, Lot 31E
Atty. Robert Betters presented a request for special permits to expand a special permit use; to waive side and rear setback requirements and to enlarge a non-conforming structure in order to modify the existing auto repair business and add a new repair garage bay to the north side of the building. The 580 sq. ft. bay would be dedicated to State automobile inspections. The plans have been reviewed by the Historic District Commission and the Design Review Board.
Howard Coppari noted that three special permits are required in order to expand the repair facility. The expansion will be close to the side and rear property lines that abut a driveway and parking lot for Papa Gino’s. The addition will match the architecture and aesthetics of the existing building. Mr. Coppari noted that in the future further expansion of the building may be planned.
Larry Rosenblum asked for clarification on the future of the site. He felt that this intersection is an important entry point to the downtown and waterfront for both residents and visitors. He felt that the use was not an appropriate long-term use of the site.
Atty. Betters explained that there is no intention to sell the property, but that the existing gas tanks have a life span that will terminate in 2012. The owners may discontinue the gas pumps and remove the front canopy at that time. A special permit to add a second story to be used for office space and storage for the existing business may be applied for in the future.
Bill Wennerberg moved for the Board to recommend approval to the Zoning Board of Appeals.
Marc Garrett suggested that given the location, when the applicant returns for the future improvements, the site plans should include green space to soften the asphalt parking lot.
The vote was unanimous (5-0).
BOA 3533 – Capucino Realty Trust (LH 6/17)
629 State Road/Map 45, Lot 52
Randy Parker, Land Management Systems Inc., presented a request for a special permit to change from one non-conforming use to another in order to convert a retail fruit, vegetable and coffee use to a retail gift shop and cappuccino use. The site has adequate parking for the proposed retail use.
Paul McAlduff moved for the Board to recommend approval to the Zoning Board of Appeals subject to the following condition:
As required in the original Zoning board of Appeals Case 2986, the petitioner shall not enclose the farmers’ porch without submitting a zoning application for a permit modification.
The vote was unanimous (5-0).
BOA 3534 – John McAllister (HC 6/17)
101 White Horse Road/Map 45A, Lot 116
John McAllister presented his request for a special permit to waive a front setback requirement and to enlarge a non-conforming structure in order to construct a 162 sq. ft. single story addition to an existing dwelling. The addition will maintain the building line of the existing structure. The property is adjacent to St. Catherine’s Chapel.
Howard Coppari noted that the existing house is at the bend in White Horse Road and is sited closer to the roadway than other homes in the area. The existing house is 580 sq. ft. and the single story addition will be on pilings.
Larry Rosenblum moved for the Board to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0).
Other Business:
The Board reviewed a draft memorandum regarding their position on Article 27. Conditions of the Board’s support for the article have not been met. Therefore the Board recommends that Town Meeting not approve the petition to rezone Map 89, Lots 13 and 48.
Paul McAlduff moved for the Board to support no action be taken on Article 27 at Town Meeting and that a memo to that effect be placed in the file; the vote was unanimous (5-0).
Board Reorganization
Larry Rosenblum moved to nominate Marc Garrett to continue as Chair; the vote was unanimous (5-0).
Larry Rosenblum moved to nominate Malcolm MacGregor to continue as Vice Chair.
Marc Garrett moved to nominate Paul McAlduff as Vice Chair.
The vote for Malcolm MacGregor was (3-0-2) with Paul McAlduff and Marc Garrett in abstention.
The vote for Paul McAlduff was (2-0-3) with Larry Rosenblum, Bill Wennerberg and Malcolm MacGregor in abstention.
Mr. MacGregor remains in the position of Vice Chair.
Larry Rosenblum moved to nominate Bill Wennerberg for clerk.
Bill Wennerberg moved to nominate Paul McAlduff for clerk.
The vote for Mr. Wennerberg was (2-0-3) with Marc Garrett, Malcolm MacGregor and Paul McAlduff in abstention.
The vote for Paul McAlduff was (3-0-2) with Bill Wennerberg and Larry Rosenblum in abstention.
Paul McAlduff nominated Bill Wennerberg for clerk pro-tem; the vote was unanimous (5-0).
Larry Rosenblum invited the Board to attend a public hearing on zoning reform at the State House on Tuesday, May 26, 2009 at 10:00 a.m. The legislature will be considering two zoning bills: Community Planning Act and Land Use Partnership Act. Information regarding both proposals was included in the Board’s packets.
Paul McAlduff moved to adjourn at 8:55 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: June 8, 2009
Administrative Assistant
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