Minutes of Zoning Board of Appeals Public Meeting
Date: July 12, 2007
Time: 7:00 PM
Attendees: Bruce Drucker, Robert Hankey, Vern Jacob, Manny Heyliger, William Nicholson, Roger Putnam, Don Palladino, and Christine Bates, Committee Secretary.
Regrets: Chair Trevor Pontbriand
Vice Chair, Bruce Drucker, called the meeting to order at 7:00 p.m. Drucker gave an overview of the hearing process.
Public Hearings:
7:08 pm 07-18 Nineberg, 106 Cotton Tail Road, Deck 2, Application for a Special Permit under WZB 6.1.1 to extend decking on condo (Cont’d from 04/26/07). Drucker read the meeting minutes of 04/26/07. The Board consisted of Bruce Drucker, Robert Hankey, Vern Jacob, Manny Heyliger and Roger Putnam. Spencer Nineberg gave an overview of the new design. Bill Galvin, an abutter who had concerns about the original design, reviewed the new plans and stated he had no objections. The Board stated the applicant did as requested and were pleased with the new plans. Bruce Drucker moved for Findings of Fact:
1. The subject structure was built in 1973 according to the Town Assessor’s office.
2. The structure is part of a cottage colony.
3. This is an alteration of a cottage as defined in WZB 6.1.1
4. The abutter has withdrawn his objection and now approves the revised plan presented.
5. The applicant has complied with the Boards’ request for a revision of the plan.
6. The president of the cottage colony has approved the plan.
7. There will be no change or increase in use.
Robert Hankey moved the Findings of Fact; seconded by Roger Putnam; passed 5-0.
Robert Hankey moved to grant the Special Permit based upon the Findings of Fact; seconded by Vern Jacob; passed 5-0.
7:25 pm 07-24 Horowitz for Ketchum, Circuit Ave., Map 20, Parcel 140, Application for a Special Permit under WZB 6.1.5.1 to replace garage and expand bedroom.
The Board consisted of Bruce Drucker, Vern Jacob, William Nicholson, Robert Hankey and Roger Putnam. Jay Horowitz, Architect, gave an overview of the project, stating the existing garage with a bedroom and bath will be demolished. The new addition will be for a new master bedroom and new garage. The lot coverage will be 11.8%. There will be some decrease in encroachment to the rear setback with the demolition of the garage, and the bedroom addition follows the line of the existing structure, resulting in no new encroachments. Horowitz stated that based on the neighborhood, the sitting for the new addition fits in with the neighborhood and is not more substantially detrimental to the neighborhood. There is no record of a permit for the sunroom. Discussion took place regarding the
construction, over dig concerns, and how close it would be to the abutters’ property. Horowitz stated no holes would be dug on the neighbors land and hopes not to disturb any trees. Drucker stated all of the addition will be within the rear setback. Horowitz replied that this is a unique neighborhood, the house is currently in the setbacks, and due to the septic, the obvious place would be to line up with the current house. The Board questioned if the addition could be smaller so it would not infringe on the setbacks so much. Horowitz stated he did not want to compromise the windows in the sunroom and the plans were designed to meet his client’s needs. Jay Horowitz requested a continuance in order to discuss the Board’s concerns with the owner. Robert Hankey moved to continue to 08/09/07; seconded by Roger Putnam; passed 5-0.
7:45 07-25 Morrissey, 47 Massasoit Rd., Map 28, Parcel 160, Application for a Special Permit under WZB 6.1.5 to increase roof height. The Board for this hearing was Bruce Drucker, William Nicholson, Robert Hankey, Vern Jacob and Manny Heyliger. Ms. Morrisey gave an overview of the proposed change stating they want to convert the seasonal dwelling to a year round dwelling. She gave a history of the property. The roof line will be sloped and the existing walls will remain during the construction. Jack Simons, abutter, stated he had no objection to the project and stated the Morrisey’s are good neighbors. Bruce Drucker moved for Findings of Fact:
1. The dwelling was built in 1955 according to the Assessors records.
2. The lot is non-conforming by virtue of being approximately 4/10th of an acre.
3. The structure is pre-existing, nonconforming by virtue of an intrusion in the front and rear set backs.
4. The plan involves raising the roof on the existing footprint.
5. There is a minimal volumetric increase of an intrusion in the front and rear setbacks.
6. The closest abutter has no objection to the project and there are no other objections.
7. The proposed construction is not substantially more detrimental to the neighborhood than the existing structure.
Robert Hankey moved the Findings of Fact; seconded by Vern Jacob; passed 5-0. Robert Hankey moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
Other Business
Robert Hankey moved to approve the meeting minutes of July 11, 2007; seconded by Roger Putnam; passed 6-0.
Bruce Drucker welcomed Don Palladino to the Board.
PersonNameWilliam Nicholson moved to adjourn at 8:05 pm; seconded by PersonNamePersonNameBruce Drucker; passed
7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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