013f
Minutes of Zoning Board of Appeals Public Meeting
Date: September 28, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, William Nicholson, Vern Jacob, Robert Hankey Charlie Amsler, Bruce Drucker, and Christine Bates, Committee Secretary.
Regrets: Jeffrey Stewart and Sibel Asantugrul
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the
hearing process.
Public Hearings:
7:05 pm 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 (Cont’d from 08/24/06). The Board consisted of Trevor Pontbriand, Bruce Drucker replacing Jeffrey Stewart, Robert Hankey, William Nicholson, and Charlie Amsler. Chet Lay represented the applicant. The draft meeting minutes of 8/24/06 were read into the record. A letter from Health and Conservation Agent Hillary Greenberg, dated 9/28/06, was read into the record which expressed concerns regarding unresolved Conservation Commission issues as well as potential Board of Health issues. Chet Lay stated he would contact Agent Greenberg to discuss the matters and asked
for a continuance. Robert Hankey moved to continue to November 9, 2006; seconded by William Nicholson; passed 5-0.
7:13 pm 06-30 Lori Kondratowicz and Julie Jaynes, 76 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 (Cont’d from 08/24/06). The Board consisted of Trevor Pontbriand, William Nicholson, Bruce Drucker, Vern Jacob replacing Jeffrey Stewart and Charlie Amsler replacing Robert Hankey, who recused himself with permission from the applicant’s representative. Peter Coneen represented the applicant. The draft meeting minutes of 08/24/06 were read into the record. New plans were received as requested illustrating a revised design for the front of the house. Coneen stated he reviewed the lot coverage calculations with the Building Inspector who determined
that the lot was not grandfathered, and would be held to a maximum of 15% coverage. A new certified site plan was distributed showing updated contours. The overall width of the proposed building has been reduced 8” to stay within the 15% lot coverage. Trevor Pontbriand moved for Findings of Fact:
1. The existing lot is nonconforming due to insufficient area and frontage.
2. The existing structure is nonconforming due to intrusions into the front and both side setbacks.
3. The proposed expansion will be substantially within the footprint of the existing structure.
4. There will be no further intrusions into the front or side setbacks.
5. Lot coverage will remain at or below 15%.
6. There is no change in use.
7. There were objections from some abutters.
8. The proposed volumetric expansion is not detrimental to the neighborhood.
Trevor Pontbriand moved to approve the Findings of Fact; Seconded by Bruce Drucker; passed 5-0. Trevor Pontbriand moved to approve a Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
7:35 pm 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 08/24/06). The Board consisted of Trevor Pontbriand, William Nicholson, Bruce Drucker, Charlie Amsler and Robert Hankey replacing Jeffrey Stewart, with the permission of the applicant’s representative. Attorney Patten, Chet Lay, Land Surveyor, and Matt Miller, Architect, represented the applicant. The draft meeting minutes of 8/24/06 were read into the record. New plans had been submitted to the Board prior to the hearing. A letter from abutter Whittemore stated she had no objections to the new plans.
Attorney Patten stated that all concerns expressed previously by the Board had been addressed with the new plans. Attorney Patten read a letter from Rebecca Finn in support of the Board’s diligence. Pontbriand stated there has been a substantial reduction in the size house, that there is no longer an exposed basement, that the new proposal does not extend above the roof ridge of the existing house and should not affect the view of the abutter, and that the setback violations had been reduced. Miller and Lay identified the proposed setbacks. Chet Lay noted the setback regulations in the National Seashore are intended for 3 acre lots and not for a lot this size. Discussion took place regarding the amount of decking. Matt Miller stated the original proposed plan included 1250 sq.ft. of decking; the revised plan is for 800 sq.ft. of decking. The footprint of the house will be 625 sq.ft. It was agreed that decking is
environmentally better suited to the site than if a patio were placed on the property. Pontbriand moved for Findings of Fact:
1. The existing lot is nonconforming due to insufficient area and frontage.
2. The existing structure is nonconforming due to intrusions into the front, west side and rear setbacks.
3. The existing structure is a 1½ story, wood frame single family residence.
4. The existing structure will be demolished and a new structure will be built in a different location on the property.
5. The roof ridge of the proposed structure will be no higher than the roof ridge of the existing structure.
6. The existing lot coverage is 4.7% and the the proposed lot coverage will be 5%.
7. The existing north (front) setback is 18.4’ and will be increased to 29’-8”.
8. The existing west (side) setback is 13.3’ and will be increased to 25'-9"
9. The existing south (rear) setback is 32.2’ and will be reduced to 22’-9”.
10. The square footage of intrusion into the setbacks of the existing house and deck is 950 sq.ft., and is greater than the square footage of intrusion into the setbacks of the proposed house and deck, which is 916 sq.ft.
11. The proposed deck will at no point be more than 30” off finished grade.
12. There will be no change in use.
13. The principal abutter has withdrawn their objections.
Trevor Pontbriand moved to approve the Findings of Fact; seconded by Robert Hankey; passed 5-0. Pontbriand moved to approve the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Other Business
The Board reviewed proposed Article 12. Trevor Pontbriand moved to support Article 12 for the Special Town Meeting; seconded by Robert Hankey; passed 6-0.
A letter dated 9/20/06 to the ZBA from Attorney Peter S. Farber on behalf of Charles Amsler requested a two year extension on Case 04-22. Robert Hankey moved to grant a two year extension; seconded by Bruce Drucker; passed unanimously by those eligible to vote.
Robert Hankey moved to approve the meeting minutes of 08/10/06; seconded by Bruce Drucker; passed 4-0.
Trevor Pontbriand moved to approve the meeting minutes of 08/24/06; seconded by Bruce Drucker;
passed 6-0.
Pontbriand moved to approve the meeting minutes of 09/14/06; seconded by Bruce Drucker; passed 6-0.
Trevor Pontbriand moved to adjourn at 8:30; seconded by Bruce Drucker; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
| 
