These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Members present: Peter Conner, David Peck, Michael Main, Edward Conroy, William Keohan Walter Kelley and Ryan Matthews.
Staff present: Peggy Fitzgibbons and Paul McAuliffe
Mr. Conner called the meeting to order and explained the procedures for the evening.
Public Hearing
#3556 – JOSEPH B. WOODS
65F Taylor Avenue
Sitting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan.
Mr. Keohan read the legal advertisement into the record.
Attorney Angley, representing the petitioner, referred to a written presentation on file in the Zoning Board of Appeals office.
Mr. Flaherty, P.E., Flaherty & Stefani, said the property was located on White Horse Beach which is a coastal dune. The dwelling is located at elevation 18. The existing house is approximately 6’ on the right-of-way. The cottage is 500-square feet and is located on the southerly end of the beach. To get to the cottage you walk over wooden boardwalks or pavers. The Board of Health issues waivers on a routine basis in this area. The height of the building is 26’ not 33’ as stated in the Planning Board report.
Attorney Angley continued with his written presentation.
Mr. Peck asked the Director of Inspectional Services if the house was not located on the right-of-way would the petitioner need relief from the Board of Appeals.
Mr. McAuliffe replied that the petitioner could repair the fire damage to a limited dollar amount according to the By-law.
Mr. Woods, property owner, said that he purchased the property in 1999. The cottage is used for six or seven months of the year. There is a deed restriction limiting the dwelling to two bedrooms so the number of bedrooms can’t be increased.
Mrs. Woods pleaded with the Board to issue a permit to rebuild the house off the right-of-way.
Public comment offered in favor.
18 neighbors spoke in favor of the petition being granted.
Public comment offered in opposition.
Attorney McDevitt for the Finnegan’s
Joe Webby for the Finnegan’s.
Mr. Flaherty, in closing, said that the back of the proposed new cottage is being kept 10’ off the lot line as required in the by-law. The side lot line is remaining at 2’. The concrete sonotubes will be brought in by truck. A pile driver will not be used.
Hearing closed.
Public Hearing
#3557 – AUGUSTINO DIODATO
7 Haskin Street
Sitting: Peter Conner, David Peck, William Keohan, Edward Conroy and Michael Main.
Mr. Keohan read the legal advertisement into the record.
John Farren, representing the petitioner said that there were two ways to enter the property. One way is to construct a driveway 150’ long from the paved portion of Haskin Street. The other is via McKay Street. No other houses can be constructed in this area.
Mr. Diodato, petitioner said that he would take care of the puddling at the neighbor’s property. The road has not been finished with the top coat.
Public comment offered in favor.
Ann Barnard
No public comment was offered in opposition.
Hearing closed.
INFORMAL MATTER
Case No. 3514 – Balboni, LLC
Nicks Rock Road
Sitting: Michael Main, Peter Conner, David Peck, and William Keohan
Attorney Betters, Withington and Betters, said that the decision of the Board required Conditions No. 1 and 2 to be addressed at an informal hearing. The Condo documentation has been submitted for the completion of the file as required by Condition No. 5.
Jon Henson, Landscape Architect, discussed the grading and the entry loops around the existing dwelling units. The enhanced vegetation makes a gateway statement. The site lines are preserved.
Attorney Betters, asked that Conditions No. 1 & 2 be considered satisfied.
Mr. Main made a motion to accept Conditions No. 1 & 2 as completed.
Mr. Keohan seconded.
Unanimously granted 4-0.
VOTES:
#3556 – JOSEPH B. WOODS
65F Taylor Avenue
A long discussion ensued regarding the conditions to be placed on the project if it was to be approved.
Mr. Peck made a motion to deny without prejudice.
Mr. Main seconded.
3-2 Mr. Conroy and Mr. Keohan opposed to the denial. The motion did not pass.
Mr. Conroy made a motion to approve with conditions.
Mr. Keohan seconded.
Another discussion ensued and the motion was withdrawn.
Mr. Angley requested that the Board allow him to withdraw Case No. 3556 without prejudice.
Mr. Conroy made a motion to allow the petitioner to withdraw Case No. 3556 without prejudice.
Mr. Main seconded.
Unanimously withdrawn.
#3557 – AUGUSTINO DIODATO
7 Haskin Street
Mr. Main made a motion to approve Case No. 3557 with conditions.
Mr. Keohan seconded.
Unanimously granted.
INFORMAL MATTER
Case No. 3550 – Robert Perry
Crescent Road
Voting: Peter Conner, David Peck, Michael Main, Edward Conroy and William Keohan.
Mrs. Fitzgibbons and Mr. McAuliffe reviewed the revised plan with the Board as required in Condition No. 5 of the Board’s decision.
Mr. Main made a motion to accept Condition No. 5 as completed.
Mr. Peck seconded.
Unanimously granted.
Mr. Conner advised the audience that the Board would be going into Executive Session to discuss pending litigation and would return to open session.
Roll call taken.
Mr. Peck – yes
Mr. Conroy – yes
Mr. Keohan – yes
Mr. Main – yes
Mr. Conner – yes
Return to Open Session
Case No. 3529 – Kevin Ryan
Long Pond Road
Voting: Mr. Conner, Mr. Keohan, Mr. Main and Mr. Conroy
Mr. Main made a motion that the decision of the Board is not annulled.
Mr. Keohan second.
Unanimously granted 4-0.
No further business came before the Board.
Respectfully submitted,
Peggy Fitzgibbons
Administrative Assistant
Approved December 8, 2009
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