Date: August 26, 2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, David Rowell, Jeffrey Stewart, Robert Hankey, ,William Nicholson, Charles Amsler, and Christine Bates, Committee Secretary
Regrets: Trevor Pontbriand, Sibel Asantugrul
Steve Rose, Chair, called the meeting to order at 7:00 pm.
Public Hearings:
7:32 #04-22, Charles Amsler, 2520 State Highway, Route 6, Map 23, Parcel 34: Application for a Special Permit under WZB 5.3.2: Change the use of property from a real estate office to business offices and retail use (cont’d from 07/08/04). Mr. Amsler recused himself from the Board. The Board for this hearing consisted of Steve Rose, David Rowell, Robert Hankey, and Peter Watts. Jeffrey Stewart replaced Trevor Pontbriand, with approval from Amsler. The meeting minutes of July 8, 2004 were read. Peter Farber, Attorney, Matt Farrell of Bennett & O’Reilly, and Charles Amsler came to the table. Letters from the Fire and Police Departments were read. Mr. Farber stated he met with the Cook’s and they reached an agreement on four foot
picket fencing made of white cedar to be placed on Amsler’s side of the property boundary. It will be Mr. Amsler’s responsibility to maintain the fence. Mr. Farber stated the erosion on the Cook’s property will be re-established to the original height. Rosa Ragosas and beach grass will be planted on the hill. The private way on the northern side of the property will be paved with asphalt by E-Z-Doze It. Regarding the changes to the retaining wall, Matt Farrell stated there will be three four (4)foot retaining walls on the south, with two tiers on the north. Farrell feels the slope will be stable utilizing the retaining wall and the building. Fill will be extended to the Cook property line.
Mr. Cook requested the Board condition the earth on the slope be compacted. He reiterated he does not want the fence on his property. He expressed concern regarding the length of the fence and if the road will be used for the new building.
Jeffrey Stewart asked Mr. Farrell if he would write a letter stating the slope will be secure from future erosion after the project is complete; Farrow stated yes. Stewart requested a condition be added on the Special Permit, if granted, that the fence be located 6 to 12 inches on Amsler’s side of the property line, with the fencing facing Cook’s.
Mr. Amsler will forward copies of an application for Affordable Accessory Dwelling Unit to the Town Clerk. Peter Watts Moved to continue case 04-22 to September 23, 2004; Seconded by Steve Rose; Passed 5-0.
7:42 #094-33, James R. and Mary Jane Cronin, 75 Massasoit Road, Map 28, Parcel 156: Application for a Special Permit under WZB 5.4.1 and 5.4.2: Build a garage on an existing foundation. The Board for this hearing consisted of Steven Rose, Chair; William Nicholson, Peter Watts, David Rowell and Robert Hankey. The Board made a site inspection. Mr. Cronin stated the foundation has been on the property for approximately 20 years. It was determined a special permit was issued in 1984, but the work was not completed. Paul Murphy, Inspector of Buildings, stated work must progress continuously in order for a permit to be valid. David Rowell expressed an opinion that back in 1984, the garage might have been considered an accessory building so it could be located
ten (10) feet within the set back. Mr. Cronin stated it will be utilized solely as a garage with no entrance into the house. It will have no living space.
Steve Rose Moved for Findings of Fact:
1. No increase in use.
2. There was an original permit for the garage at one time
3. Foundation is already in existence.
4. Not any more detrimental to the neighborhood.
5. There are no objections from abutters.
Peter Watts Moved to accept the Findings of Fact; Seconded by Robert Hankey; Passed 5-0.
Robert Hankey Moved that the Board of Appeals grant the Special Permit to build a garage on an existing foundation under WZB 5.4.1 and 5.4.2; Seconded by Peter Watts; Passed 5-0.
7:58 04-32, John Emery Seibert, II, 20 Mountain Ave., Map 35,
Parcel 79: Application for a Special Permit under WZB 6.1.5.1: Nonconforming uses: alteration to non-conforming single or two-family residential structure: Add a deck and stairs. Members of the Board for this case were Steve Rose, David Rowell, Peter Watts, William Nicholson, and Charles Amsler. A site visit was made. The property is 60’ by 80’. Lot coverage is at 26% at the present time. The applicants wish to add a deck with stairs on the back of the dwelling. The deck would be within 5’ 5” of the setback. Richard Lay stated a deck would be best suited due to the elevation from the back of the house to the ground. There is a four and one-half (4 ½) foot drop to the lawn. David Rowell stated the deck appears to be too large
for the property. Steve Rose felt the proposal would be detrimental to the neighborhood by being within five (5) feet of the abutters property. The Board recommended the applicants consider a patio.
Mr. Lay requested his client withdraw the petition without prejudice. Peter Watts Moved to approve the request to withdraw without prejudice; Seconded by Steve Rose; Passed 5-0.
8:10 04-34, Fernando J. Domenech, Jr. and Charlene Senters-Domenech, 70 School Street, Map 13, Parcel 86: Application for a Special Permit under WZB 6.1.5: Alteration of pre-existing, non-conforming single family residence: construct new screened porch and deck on rear of dwelling and remove existing metal shed and replace with new wooden shed. The Board consisted of Steve Rose, Robert Hankey, David Rowell, Peter Watts, and William Nicholson. Richard Lay and Fernando Domenech explained they want to remove existing wooden deck and replace with deck with a storage room below. They also want to add a covered porch. Setbacks would be reduced to 11.2 feet. The replacement shed would be located in the same location as the metal shed. Mr. Lay stated the
lot is 14,450 square feet with the building area of 964 square feet, or 8% lot coverage. With the proposed additions, including the shed, it would be 12.3% coverage. A letter from Mr. McFeely, an abutter, stated he had no objection to the project. Mr. Harry Terkanian, abutter, stated he has no objection to project. David Rowell was concerned with the size of the proposed shed and asked the applicant if they would consider a smaller unit. They agreed to reduce the size of the shed to 8 x 10. Peter Watts asked if they had gone before the Historical Review Board. The answer is no. Robert Hankey Moved to continue this case to October 14 to give the applicants an opportunity to have the Historical Review Board review the proposal; Seconded by Peter Watts, Passed 5-0.
8:30 04-31: John Paras, 130 Blue Heron Road, Map 41, Parcel 2: Application for a Special Permit under WZB 5.4.2: Intensity of use regarding setbacks: Placement of hot tub and gazebo within setbacks. Members of the Board for this case were Steve Rose, David Rowell, Peter Watts, William Nicholson, and Charles Amsler. A site visit was made. Mr. Paras stated he did not realize he required a permit. He stated he is limited to where he can place the unit. Mr. William Taylor, an abutter, offered his objections. He stated the
house is built close to the 25 foot setback. Mr. Paras’ Septic System was moved close to his well. He feels the gazebo impacts his privacy and the variance is for recreational purposes only and not a hardship. Mr. Taylor provided a picture taken from his property which shows how close the gazebo is to his property.
David Rowell asked Mr. Paras if he could move the gazebo and hot tub. Paul Murphy, Inspector of Buildings, stated if Mr. Paras moves the gazebo out of the setbacks and locates it in the buffer zone, he would have to go before the Conservation Commission. The Board members felt this was detrimental to the neightborhood. Mr. Murphy stated he will be sending Mr. Paras notification that the gazebo must be moved within 30 days.
Mr. Paras requested the Board withdraw the petition without prejudice. Peter Watts Moved to approve the request to withdraw without prejudice; Seconded by Robert Hankey; Passed 5-0.
Business Meeting:
There was a general discussion about changing the fee for condominium conversions. It was agreed by the Board to add this to the agenda for the September 23, 2004 meeting.
Jeffrey Stewart Moved to adjourn the meeting at 8:55 pm; Seconded by Steve Rose; Passed 7-0.
Respectfully Submitted,
Steve Rose, Christine Bates,
Chair Committee Secretary
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