Minutes of Zoning Board of Appeals Public Meeting
Date: April 26, 2007
Time: 7:00 PM
Attendees: Trevor Pontbriand, Vern Jacob, Robert Hankey Charles Amsler, Bruce Drucker, Jeffrey Stewart and Mary Rogers, Committee Secretary.
Regrets: William Nicholson
Chair Pontbriand called the meeting to order at 7:00 p.m. Pontbriand gave an overview of the hearing process.
Public Hearings:
7:03 p.m. 07-12 Geiges, 20 Belding Way, Map 28, Parcel 4, Application for a Special Permit under WZB 5.3.5: permission to have five to seven fowl on property (Cont’d. from 04/12/07).
Pontbriand set the Board as: Trevor Pontbriand, Jeffrey Stewart, Bruce Drucker, Robert Hankey and Vern Jacob. Mrs. Geiges stated her intent of having hens on the property. Health Agent Hilary Greenberg had sent a letter which Pontbriand read into record. Greenberg indicated approval with a manure provision.
Pontbriand moved for Findings of Fact:
1.) There are no objections from abutters.
2.) This is an allowed use.
3.) The Board of Health has approved the request.
Hankey moved to approve the Findings of Fact. Pontbriand seconded, and the motion carried 5-0.
Pontbriand moved to grant the Special Permit based on the Findings of Fact with the condition that there not be more than 12 chickens. Hankey seconded, and the motion carried 5-0.
7:15 p.m. 06-41 Moran, 1937 State Highway, Map 29, Parcel 269-K, Amendment to Special Permit to expand cottage.
The Board for this case consists of: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Bruce Drucker and Charles Amsler. Pontbriand read the minutes of the November 9, 2006 hearing which granted the Special Permit. The original Findings of Fact were:
1.) It is a pre-existing, non-conforming cottage colony under condominium form of ownership.
2.) The application is a reference to Unit #11.
3.) There will be a further intrusion of 3 ft. into setbacks on the north side.
4.) There were no objections from abutters.
5.) There is no change or increase in use.
Mr. Moran came forward and explained the amended floor plan to add 18 s.f. and square off the corner of the building. Mrs. Moran said it had been approved by the condominium association.
Pontbriand said no new findings needed to be set. Pontbriand moved to approve the Special Permit as amended. Drucker seconded, and the motion carried 5-0.
7:20 p.m. 07-13 Barnholtz, 205 Commercial St., Unit #7, Map 21, Parcel 116: Application for a Special Permit under WZB 6.1.1: add deck to rear of Unit 7 (Cont’d. from 4/12/07).
Stewart read into record a letter from Architects Studio requesting withdrawal of the request for a Special Permit for Barnholtz. Hankey moved to approve withdrawal of application #07-12 for a Special Permit. Drucker seconded, and the motion carried 5-0.
7:30 p.m. 07-14 Santos-Lord, 121 Indian Neck Rd., Map 28, Parcel 138. Application for a Special Permit under WZB6.1.5: Extend front of structure 12 feet for additional living area (Cont’d. from 04/12/07).
The Board was set as: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Bruce Drucker, and Vern Jacob. Stewart asked that the application be amended as only for a Special Permit; a Variance had been requested in error on the application. Stewart moved that the request for the Variance be withdrawn. Hankey seconded, and the motion carried 5-0. Contractor Gordon Hayward presented the reasons for Ms. Lord’s expansion. Drucker said the building is a preexisting non-conforming dwelling. The issue, he said, was the extended intrusion. The Board discussed the changes in coverage. The request for an additional 200 s.f. is more than what is allowed, according to Stewart; that makes it a request for a Special Permit. Amsler asked about second floor as an expansion alternative.
Stewart considered the near 50% increase in coverage. Jacob discussed the small lot size. Stewart asked about a second floor revision to handle the increased coverage, and Hayward agreed to come back with a revised plan. Pontbriand moved to continue the hearing to May 24, 2007. Hankey seconded, and the motion carried 5-0.
7:40 p.m. 07-16 Falloni-Conden, 150 Pilgrim Spring Rd., Map 29, Parcel 138: Application for a Special Permit under WZB 6.1.5 to increase living space with an addition and add a second floor dormer.
The Board consisted of: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Bruce Drucker and Roger Putnam. Joan Falloni and Chris Condon came forward and explained the increase. From the audience, Ford Pickard, a contractor, said that it was a very small house. Pickard said the there was a volumetric increase into the rear setback. Pickard said the second floor bedroom would now extend out to where a 2 ft. soffit now exists. The house doesn’t meet setbacks, Pickard said. Drucker said that the volumetric increase was nominal.
Pontbriand moved for Findings of Fact:
1.) The existing lot is non-conforming due to area and frontage.
2.) The existing structure is non-conforming do to east and rear setback violations.
3.) The proposed dormer will create a nominal volumetric increase within the rear setback.
4.) The proposed dormer will be entirely within the footprint of the existing structure.
5.) There will be no increase in use.
6.) There are no objections from abutters.
Hankey moved to approve the Findings of Fact. Drucker seconded, and the motion carried 5-0.
Hankey moved to approve the Special Permit based on the Findings of Fact. Pontbriand seconded, and the motion carried 5-0.
7:45 p.m. 07-17 Willis, Harborside Village, Map 20, Parcel 19, Lot 2037, Application for a Special Permit under WZB 6.1.1 to construct a sunroom on portion of existing deck.
The Board was set as: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Bruce Drucker and Charles Amsler. Paula Willis came forward to explain the proposed enclosure. Pontbriand noted the shed would be eliminated. Stewart asked Building Inspector Paul Murphy if this needed to meet floodplain requirements. Murphy replied that it did not, due to the assessed value of the existing structure with relation to the value of the proposed addition.
Pontbriand moved for Findings of Fact:
1.) The property is pre-existing, non-conforming due to the use as a trailer park.
2.) The subject parcel is identified as site #2037.
3.) The proposal falls within square feet of the condo/co-op area of development.
4.) There are no objections from abutters.
5.) There is no change in use.
6.) The shed is being eliminated.
Hankey moved to approve the Findings of Fact. Drucker seconded and the motion carried 5-0.
Pontbriand moved to approve the Special Permit based on the Findings of Fact. Drucker seconded, and the motion carried 5-0.
7:55 p.m. 07-18 Nineberg, 106 Cottontail Road, Deck II, application for a Special Permit under WZB 6.1.1 to extend decking on condo.
The Board consisted of Trevor Pontbriand, Jeff Stewart, Robert Hankey, Bruce Drucker and Vern Jacob. Leif Valli came forward to explain the proposal for the Nineberg deck. Pontbriand read a letter from Kenneth A. Moey, the Deck II manager, indicating the condominium association approved the proposal. Bill Galvin, the abutter to the east, rose in opposition to the project. He said the structure was already in violation of setbacks. He said there was room in front and side for a deck, and said he would prefer that this space be used. He was concerned that granting this expansion with a Special Permit would open up the door for other Deck II units to do similar increases. He detailed problems he’d already experienced with this unit accessing his land for the disposal of dog
waste and ashes. The Board discussed sideline requirements for the deck and asked about a patio alternative. Stewart recommended denying the Special Permit. Galvin came forward again to give a brief history of the deck construction and previous violations. Amsler asked Building Inspector Paul Murphy about designing a raised patio. Murphy said that if a patio is truly a landscape feature he allows it, but if he sees a violation of the bylaw, he is not likely to permit a patio. Stewart asked that Valli withdraw the application because of the significant intrusion of the deck or come back with a new proposal after consulting with the owners. Valli indicated that he would extend the application and return with an updated plan. Pontbriand moved to continue the hearing to May 24, 2007. Hankey seconded, and the motion carried 5-0.
Drucker moved to adjourn. Hankey seconded, and the motion carried 6-0. The meeting adjourned at 8:12 p.m.
Respectfully submitted,
Mary Rogers, Committee Secretary
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