Date: June 23, 2005
Time: 7:00 PM
Present: Trevor Pontbriand, Chair, Jeffrey Stewart, Robert Hankey, Peter Watts, William Nicholson, Charles Amsler. Bruce Drucker, Sibel Asantugrul, and Christine Bates, Committee Secretary
Public Hearings:
7:00 05-09: James and Marianna Ennis, Kendrick Ave, Map 20, Parcel 27: Application for a Special Permit under WZB 6.11: Convert cottage colony to condominium form of ownership (Cont’d from 05/12/05). Art Croce, Attorney, represented the applicant. Trevor Pontbriand, Chair, informed Croce that the Board would be changed due to members resigning to which he agreed. The Board for the hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts and William Nicholson. Meeting minutes of 03/24/05 were read into the record. Attorney Croce described the changes in the new plans, noting the parking spots and identifying the cottages correctly. Croce reviewed the April 7, 2005 letter from the Planning Board and supplied
field cards from 1950 identifying the origin of the cottages, which predates zoning.
The Board reviewed the details of WZB 6.11. Croce stated the cottages are not year round; however, he stated they could be rented out year round at a reasonable rate. He stated there would not be a substantial change in use (from seasonal to year round, should the owners wish to do so). Stewart noted the Planning Board referred to this as a cottage colony in one area and later referred to them as cottages. It was noted these are pre-existing dwellings and can be used year round. Town Counsel had not responded to the Condominium documents (Master Deed and Declaration of Trust). The Board could not make any further findings until Town Counsel responded. It was suggested a condition be placed stating the cottages could not be expanded. There were no further issues with
the parking. Watts moved to continue to July 14, 2005; seconded by Hankey, passed 5-0.
7:26 05-24 Joan Shrensel, Designer Road, Map 23, Parcel 7GR.: Application for a Special Permit to attach a deck to the back of cottage. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts and William Nicholson. A site visit was made. Peter Crosen, agent and designer, represented the applicant. A letter dated April 5, 2004 to the Building Inspector and signed by Martin Bressler of the condominium association stated the project meets with their approval. Trevor Pontbriand moved for findings:
1. The project does not intrude within the setbacks
2. The President of the condominium association gave approval for the project
3. The project is not a volumetric increase
4. The project does not count as lot coverage
Trevor Pontbriand moved to approve the Special Permit based on the Findings of Fact; seconded by Peter Watts, passed 5-0.
7:32 05-25 James and Carol Kenney, 1937 State Highway, (Brownie’s Cabins and Condos) Map 29, Parcel 269A: Application for a Special Permit under WZB 6.1.1: Alteration or extension of a cottage – enlarge existing sun room by 4 feet in length and 2 feet in width. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts, and William Nicholson. A site visit was made. Mr. Kenney stated the Board of Trustees approved the project; however, he needs to get 100% approval from the other condo owners. He stated there was going to be a meeting with the Board of Trustees and Association members to set guidelines on the possible expansions to other condos and asked the Board if they could offer any direction. Peter Watts stated they would need a plan from the Condo Association and determine how much each condo could be expanded based on 15% coverage. He mentioned that decks would not be included in the 15% (only areas with a roof or overhang). Pontbriand
suggested delineating areas for expansion of decks. There are four cabins that can make expansions without getting permission from the Condo Association based on an exclusive use clause. Any expansion to these four units would have to be included in the 15%. Cottages can be between 550 square feet up to 768 square feet. Judith Mackworth, a member of the cottage colony, asked if people who have a cottage less than the guidelines have to expand to the minimum of 550 square feet. Pontbriand responded this cottage colony is pre-existing, non-conforming and they would not have to expand. Any changes would have to come before the ZBA. Paul Murphy, Building Inspector, stated the definition of cottage colony would apply to any new cottage colonies and would have to comply with the bylaws of today. Watts moved to continue the hearing to October 27, 2005 in order for Mr. Kenney to obtain the proper approvals as well as work with a committee to
determine the future condo expansions; seconded by Pontbriand; passed 5-0.
7:51 Frederick and Joyce Newton, 16 Hillside Ave., Map 35.1, Parcel 96.1: Application for a Special Permit under WZB 6.1.5: Erect deck over existing patio. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts, and William Nicholson. A site visit was made. Mr. Newton told the Board he is within 8 feet from being in compliance, and owns the property across the paper road. He will place sonotubes one foot out from the existing patio for the support of the decking. Stewart noted only a small area of the decking would be in the setbacks and moved for Findings of Fact:
1. Minimal further intrusion in the rear setback.
2. No objection from abutters
3. The Conservation Commission approved the project with a Jurisdictional Opinion.
4. The new deck will be constructed over an existing concrete patio.
Watts moved to approve the Special Permit based on the Findings of Fact; seconded by Nicholson; passed 5-0 with the following condition:
1. Steps will not go any further into the setback than the furthest intrusion of the plan.
8:06 05-02 Janice Allee and Ron Singer, 61 Cassick Valley Road, Map 30, Parcel 26: Expansion of a non-conforming structure under WZB 6.1.1 and relief from WZB 5.4.4 height of building: move an additional dwelling onto an existing parcel (Cont’d from 05/12/05). The Board consisted of Jeffrey Stewart, Robert Hankey, William Nicholson and Peter Watts. Attorney Benjamin Zehnder respectfully requested to withdraw the application without prejudice. Hankey moved to allow the application for a Special Permit be withdrawn without prejudice; seconded by Watts; passed 5-0.
8:08 Trevor Pontbriand polled the Board to go into Executive Session to approve the Executive Meeting Minutes of April 28, 2005: Stewart – yes; Hankey – yes; Watts – yes; Nicholson – yes; Amsler – yes; Asantugrul – yes; Drucker – yes.
8:15 03-01 MacGregor Hay and Alexander Hay, 265 Commercial St, Map 21, Parcel 113: Remand: Appeal of the Building Commissioner to allow picnic tables on the outside of the building; or 2) in the alternataive, a Special Permit to allow the use of three picnic tables under MGL c40A&6 to extend pre-existing use or 3) in the alternative, a variance to allow the use of three picnic tables under WZB 8.4.3 or 4) Pursuant to 6.14 of the bylaw a flood plain exemption. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. A letter dated June 23, 2005 from Attorney Duane P. Landreth requested a continuation to September 8, 2005 (due to other commitments and the heavy summer season for the applicants).
Pontbriand moved to continue to September 8, 2005; seconded by Hankey; passed 5-0.
Other Business
Pontbriand moved to approve meeting minutes of May 12, 2005 with one amendment; seconded by Hankey; passed 7-0.
Hankey moved to approve May 19, 2005 meeting minutes with amendments; seconded by Stewart; passed 7-0.
Jeffrey Stewart stated there are still many issues pending on the WHAT case. They are scheduled for an exclusive meeting on July 21 and he recommended another meeting in August. The Board decided to hold August 18, 2005 for an exclusive meeting if required.
The Board will meet at the Town Hall after the site visit on Wednesday, July 13 to review the Townsend Decision of 1996 for the Pinto case and to discuss the process for the hearing.
2005 – 2006 Board Nominations
Robert Hankey moved to nominate Trevor Pontbriand as Chair; seconded by Jeffrey Stewart; passed 8-0.
Robert Hankey moved to nominate Jeffrey Stewart as the Vice Chair, seconded by William Nicholson, passed 8-0.
Trevor Pontbriand moved to nominate Robert Hankey as Clerk; seconded by Jeffrey Stewart, passed 8-0.
Trevor Pontbriand moved to adjourn the meeting at 9:25 pm; seconded by Robert Hankey; passed 8-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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