 |
Minutes of Zoning Board of Appeals Public Meeting
Date: August 24, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Vern Jacob, Robert Hankey Charlie Amsler, Bruce Drucker, and Christine Bates, Committee Secretary.
Regrets: Sibel Asanturgul
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the
hearing process.
Public Hearings:
7:05 06-32 Donald Farr/Mark Pooler, 420 Chequessett Neck Rd., Map 19, Parcel 45G: Application for a Special Permit under WZB 6.1.1 to build a deck on cottage/condo unit (Cont’d from 08/10/06). The Board for this hearing was Jeffrey Stewart, Acting Chair at the 8/10/06 meeting, Vern Jacob, Charlie Amsler, and Bruce Drucker. Due to the absence of Robert Hankey at the beginning of the meeting, the applicant agreed to go forward with four Board members. Stewart stated the questions regarding getting approvals were answered by Town Counsel in which they responded the ZBA does not have the authority to request approvals from the Association members. However, the applicant must adhere to the Master Deed and Associations guidelines in regards to
alterations. The findings were approved from the August 10, 2006 meeting. Jeffrey Stewart made a motion to approve the Special Permit without conditions; seconded by Bruce Drucker; passed 4-0.
7:14 06-20 Michael and Rebecca Finn, 320 Priscilla Road, Map 24, Parcel 82: Application for a Special Permit under WZB 6.1.5 to alter a non-conforming single family dwelling by increasing living space and enlarging outside decking. (Cont’d from dateYear2006Day13Month707/13/06). The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Bruce Drucker and Charlie Amsler. Representing the applicant were Attorney Ed Patten, Land Surveyor Chet Lay, and Architect Matt Miller. Patten stated new plans had been submitted addressing the Boards previous concerns, including reducing the height of the structure by 3.5 feet, elimination of the parking deck, and a reduction in the southerly side decking to pull it away from the lot
line. Patten stated he mailed and faxed the new plans to Attorney Zehnder, who is representing an abutter. Patten stated the proposal would be in keeping with the neighborhood and would comply with the intent of the Zoning Bylaws. Pontbriand thanked Patten for his timely response in submitting the revised plans. He stated he felt the reduction in height was a significant improvement, the reduction of intrusion into the southern setback was an improvement and that the chimney had been moved to the interior of the building. Pontbriand and Lay reviewed the existing and proposed setback
dimensions on the north, west and south sides of the property, identifying increases or reductions in violations, and noting whether the dimensions were to the residence or to decking. It was noted that the reduction in height was achieved by sinking the basement level further into the ground. Zehnder asked the Board to clarify that this could be heard as a special permit request as opposed to a variance, since the proposed plan goes closer to the setback. The Board agreed that a variance was not needed. Zehnder stated he does not feel the house is being reduced in size and questioned if the basement will be utilized as habitable space. Morrow, an abutter, stated she would like the neighborhood to remain quaint. Chet Lay stated he doesn’t believe the house will be able to be seen
from Ocean View Drive, and based on other houses in the area, that it will fit into the neighborhood. Matt Miller stated the structure will be under 900 square feet and does not consider this to be a “trophy home”. He stated the cellar will be utilized for storing items, and that decking would be more environmentally friendly than having people sit or walk on the vegetation and sand. Drucker stated this is a nonconforming structure on a nonconforming lot. Because the new dwelling will be bigger, he stated the Board needs to determine if it will be more detrimental to the neighborhood than the existing structure. Statements among the Board members included: that the abutter’s view will be blocked to some degree and it may affect the value of their property; that the intrusion into the southern setback is still an issue but could possibly be eliminated by removing the deck, and that the chimney’s height and location are
still an issue. Miller suggested they could make a pathway around the house with a 3 foot walkway or utilize stones to avoid walking on the sand, and that the chimney could be reduced to 2’ by 2’ with a new design. Further discussion took place regarding lot coverage and whether decking is considered a structure. Zehnder stated that reducing the decking and changing the plans would be acceptable to his client. Attorney Patten requested a continuation. Drucker opposed the possibility of a continuation on the grounds that this would be the third continuation for this case. Stewart stated he would not be here on September 28, 2006 but Robert Hankey will be available to replace him on the Board, to which Patten agreed. Trevor Pontbriand moved to continue to September 28, seconded by William Nicholson; passed 4-1.
8:00 pm 06-30 Lori Kondratowicz and Julie Jaynes, addressStreet76 Ione Road, Map 28, Parcel 66: Application for a Special Permit under WZB 5.4.2 and 6.1.1 to construct a second story on a pre-existing, non-conforming dwelling. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. Peter Coneen, project designer, represented the applicants. Coneen identified the existing nonconformities as intrusions into the front and side setbacks. The current structure is built on a slab-on-grade. The proposal is to add a 2nd story over the current footprint and add an addition to the rear. The existing setback violations will not be increased. Coneen feels the proposal is in keeping with
the neighborhood which contains other two story dwellings. The slab is above the flood plain. A new title 5 septic system has been installed. The Health Agent has reviewed the plans and feels there is no change in the number of bedrooms or system flow. Coneen doesn’t feel any views from abutters will be significantly affected. A letter from Carol Adler dated August 16, 2006 opposes the project because it could encourage other one story properties to expand to two stories. A letter from abutter David Wright, dated August 22, 2006, objects to the project, stating it will change the character of the neighborhood, and encourage other residences to expand. Edward Krazinzsky, an abutter, expressed concern regarding the noise of construction and asked that no construction be done between June 1 and September 1. Drucker stated the proposal would be a volumetric increase on the property and understands the concerns of the neighbors, but
assured that the Board does not look at this as a precedent for other projects. Jacob questioned the bedroom size on the first floor. Pontbriand asked about lot coverage within the upland. Coneen stated the expansion is within the existing footprint if the concrete patio is included. Building inspector Paul Murphy, stated that on a new lot, construction has to be in the
upland only, but is not sure about a grandfathered lot. Pontbriand asked to see existing and proposed lot coverage calculations. Coneen stated the first floor concrete block walls of the exiting structure will remain, the roof will be taken off, and the second floor added. Discussion took place regarding the volumetric increase within the setbacks, and the resulting massing of the proposal. Stewart suggested the applicant consider altering the rooflines to reduce the visual scale of the proposal, to which Pontbriand agreed. Robert Hankey requested to recuse himself because of a conflict of interest. Charlie Amsler agreed to replace Hankey on the Board. The applicant requested a continuation to September 28, 2006 to provide lot coverage calculations and possibly revise the design. Pontbriand moved to continue to September 28, 2006; seconded by Drucker, passed 5-0.
8:37 pm 06-31 Donna McCarthy and Michael Britt, 34 Warren St., Map 36, Parcel 110: Application for a Special Permit under WZB 6.1.5 to remove existing deck and replace with a family room with side and rear setback violations. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Vern Jacob. Michael and Donna Britt came to the table. They stated they want to remove the existing deck and screened porch and replace them with an enclosed family room. Four letters were received in support of the project from abutters Maiella, Olson, Pearson, and DeLorenzo. Pontbriand questioned if the applicant has any ownership of the paper road located behind the property. The Building Inspector stated that it is still a road, but
the board has the power to allow construction close to the road, as it can not be developed. Chet Lay stated that abutters to a “paper road” effectively own to the center of the road. The applicant stated they also own the abutting lot to the east and there will be no problem with lot coverage. There will be further intrusion into the back and south side setbacks. The current structure is 12 feet from the rear property line (abutting the paper road) and the new construction would be 6 feet closer. The Board suggested the applicant move the proposed room one foot to the north, thereby eliminating the intrusion into the south side setback. Pontbriand moved for Findings of Fact:
1. The existing property is nonconforming due to lot area, frontage and side and rear setback violations.
2. The owner of the property also owns the abutting undeveloped lot to the east, therefore providing sufficient lot area for the proposal.
3. The lot is abutted on the west side by a paper road.
4. There will be a further intrusion into the west (rear) setback of 6 feet.
5. No was no substantial objection from abutters.
The Finding of Facts were seconded by William Nicholson; passed 5-0. Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
9:04 06-33 Maureen Dalby, 239 Holbrook Avenue, Map 14, Parcel 150: Application for a Special Permit under WZB 5.2 to utilize an auxiliary shed for home occupancy business. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Bruce Drucker. Maureen Dalby stated she has a home occupancy business creating artwork and selling it out of the house. She would like to construct a shed within the south setback and utilize it for retail sales for her home occupancy business. The proposed shed would be conforming as a shed. A letter from Tom Flynn, abutter, dated August 22, 2006, supported the application. The shed would be 26 feet from the road and 6 feet from the south property line. The Building Inspector stated
this would be a commercial venture
operated out of a shed. After reviewing the bylaws, it was determined commercial ventures are prohibited out of a shed and there is no relief available. Pontbriand moved for Findings of Fact:
1. There was no objection from abutters
2. The proposed structure is a shed, which is permitted under the zoning bylaw.
3. The proposed structure would meet the set back requirements for a shed.
4. The applicant presently operates a home occupancy business.
5. The proposed use of the shed is commercial/retail sales.
6. A shed is defined in the bylaw as a single story detached accessory building or structure which has dimensions that do not exceed one hundred twenty (120) square feet of floor area or 12 feet in height, which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, and which is located on the same lot. Such buildings or structure shall not be heated, and shall not be used as a dwelling unit, guest unit or commercial accommodation.
Drucker moved to approve the Findings of Fact; seconded by Pontbriand; passed 5-0.
Drucker moved to grant the Special Permit based on Findings of Fact; Seconded by Hankey; failed 0-5.
9:35 06-36 Marc and Rhonda Fowler, 11 Pine Point Way, Map 21, Parcel 47: Application for a Special Permit under WZB 6.15.2.b to demolish existing shed and carport and replace with garage and decking. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Charlie Amsler. Chet Lay represented the applicant. Lay gave and overview of the project and the reason why they chose this location for the proposal. The current carport is in disrepair. The proposed second story of the garage would be used as a seasonal room for the applicant’s children. Ms. Fowler explained they do not want to locate the garage on the west side of the property to respect the neighbors and due to topographical issues. A letter dated August
20, 2006 from abutter McCloskey expressed concerns with the project. Fowler stated the abutters would not be able to see the building. Hankey expressed concern about the scale of the garage with the second story. Fowler stated there would be no internal walls, no kitchen, no heat and no plumbing on the second story. Pontbriand noted there will be a volumetric increase within the setback and an expansion of the setback violation. Pontbriand read the original 1979 variance granted for the carport and shed. Nicholson asked if the external stairs could be removed, allowing the proposed garage to be moved west and north toward the dwelling and the street, therefore significantly reducing the setback violation. Discussion took place regarding the use of the second story. The Building Inspector stated the Health Agent would make the determination as to whether it is habitable space. The applicant requested a continuation to September
28, 2006 to revise the location of the garage. Pontbriand moved to continue to September 28, 2006; seconded by Hankey; passed 5-0.
Other Business
Trevor Pontbriand moved to approve the meeting minutes of June 22, 2006; seconded by Bruce Drucker; passed 7-0.
Trevor Pontbriand moved to approve the meeting minutes of July 13, 2006; seconded by Vern Jacob; passed 7-0.
Trevor Pontbriand moved to approve the meeting minutes of July 27, 2006; seconded by Vern Jacob; passed 7-0.
Trevor Pontbriand moved to adjourn the meeting at 10:10 pm; seconded by Robert Hankey; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
| |
