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Minutes of the Zoning Board of Appeals Meeting of 4/26/07
Meeting convened at 7:40 pm in the Donaldson Conference room at Town Hall. Present: John Kimball, Chair, members Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle, and Dorothy Blakeley, BOA clerk.
Continuances:
1) Mr. John Gummere, 15 Lewis Street, M/P 95 34 0, for renewal of a special permit for a business in the B-2 district. The applicant, John Gummere, appeared with Mike Newman, CEO of Saveatree-Savealawn. Since our last meeting on April 5, 2007, Mr. Gummere and Mr. Newman have met with the neighbors to resolve their concerns. The light has been removed and a letter was read into the record from Staci Montori of 84 Codman Road Laneand Nancy Fleming, 78 Codman Road stating all their concerns have been addressed and resolved. Motion to close the record passed unanimously.
Action: Motion to approve the renewal of the special permit for the period of three years passed unanimously. Board notes that the narrative will include issues of lights, trucks and hours of operation. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, Win Quayle and Gus Browne. Joel Freedman is the Decision Writer.
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2) Robert Jahrling, 10 Canaan Drive, M/P 53 3 0, for a special permit to reconstruct a single family home on a non-conforming lot. Mr. Jahrling appeared with his architect, John Chapman and landscape architect, Tom Worth. John Kimball noted that the engineer’s report had been distributed to the Board. There was a review of the proposed square footage versus existing square footage. John Chapman said that the original zoning had the frontage width of the paper road as only being 40 feet, but the structural engineer, J. Jillson calculated the radius as being close to 83 feet. The finished existing basement is 1,200 s.f. and the proposed is 1,020 s.f. The existing first floor is 1,864 s.f. and the proposed first floor is 2,990 square feet. The existing structure has no
second floor and the proposed second floor is 1,608 square feet. The existing structure has 3,072 s.f. and the proposed structure is 5,618 s.f. The calculated existing s.f. is 2,884 and the proposed calculated s.f. is 5,670 s.f. John Kimball noted that the engineer’s report is an important factor. The report concluded that there is cracking in the foundation, no footing, dirt floors, and rot. Additionally, the garage also had a lot of rot as well. All of this supports the applicant’s position that there isn’t anything to build on. The existing home is on three plus acres of land and is only in front of the ZBA due to frontage issues. A discussion ensued about tear downs and John Kimball said we need to take these on a case by case basis. Tom Worth showed landscape plans thwhich included the driveway, ponds, house and garage. Mr. Worth noted that with respect to topography, it is three feet to grade.
The existing and proposed driveways are about the same. The Planning Board has seen these plans and after recommending they move about 30 feet closer to the pond and add a little more fill, the PB was satisfied. Anna Hardman asked about the increase in height and as well as the relative height of the existing structure. John Chapman replied that existing height is approximately 15 feet and the proposed height is 29 feet, an additional 14 feet taller. Ms. Hardman noted that the impact of the new structure is small and designed sensitively.
Action: Motion to approve this application for reconstruction under the grounds cited in the existing structure approved unanimously. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Anna Hardman is the Decision Writer.
New Matters:
3) Mr. and Mrs. Tatlock, 80 Winter Street, M/P 88 11 0, for a special permit for an accessory apartment in an accessory structure, a barn. Mrs. Tatlock stated that the space has been in existence since they purchased the property in 1970 or 1971 complete with plumbing and heating. Over the years this accessory structure has had various uses, including a nursery school. Additionally, the owners elevated the floor about 10 years ago. An abutter, Tom Curren, spoke about the fact that the Planning Board has not yet resolved this issue and brought out his letter to the Planning Board dated 3/28/07. The first issue is square footage and we need an accurate official measurement of this structure. John Kimball said we need a report from an engineer, surveyor or an architect.
Joel Freedman also added we need a site plan to show how the lot is configured. A drawing created by Mr. Tatlock was produced and it was noted that the Planning Board accepted the interior square footage therein. Joel Freedman said we need the square footage measured in accordance with our by-law and we still need plans from an architect. John Kimball asked about waste ejection and sewage. Mr. Tatlock responded that they have a sump pump for the bathroom including a shower and sink. They have a tank with a float on it and it is pumped up to the septic system below grade. It was noted that Board of Health requires additional review. Mr. Curren stated that the drainage is affecting his property. Mr. Tatlock said the drainage is pumped through a long corrugated tube which leads it across the back of the barn and it is directed somewhat towards Mr. Curren’s property. John Kimball noted that it would be helpful if the Tatlock’s and the Curren’s could work things out regarding
issues such as drainage as well as any other problems. Currently, the apartment has one occupant. Also noted, the exterior lights should comply with the dark sky initiative. There is an exit off the bedroom and this exit is needed for egress. Regarding parking, there is plenty of room for 4 to 5 cars. Mr. Curren readdressed the drainage issue, stating that the hose is directed through a window and the retaining wall has already fallen down once. Mrs. Tatlock stated that the house currently has 4 bedrooms with one being a nursery. There was a noise issue when the Tatlock’s son lived in the accessory apartment but that has been resolved when the son vacated the premises. Mr. Curren noted from a public policy perspective, this is a significant issue. John Kimball said we cannot take prior violations into account when granting a special permit. A possible site visit was discussed and it was noted that it may be useful to
see the inside of the structure. Mr. Curren invited the Board members to come inside his home to see his vantage point as well.
Action: This matter is continued to May 24, 2007. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Win Quayle is the Decision Writer.
4) Vincent and Maggy Pietropaulo, 2 Underwood Circle, M/P
117 2 0, for a special permit to construct an addition to a single family residence. Mr. Pietropaulo appeared with his architect, Peter Thomas. Mr. Thomas designed another larger addition that was approved by the ZBA three years ago. This time, the applicant would like to take the existing master bedroom and turn it into a study and computer room. They would also like to put a proposed new bedroom over the existing screened porch creating an additional 314 square feet. This would not change the footprint of the existing structure. In reviewing the elevations, John Kimball noted that the addition would be behind the house. The applicant is scheduled to appear before the Planning Board on May 2, 2007. It was noted that the neighbors are supportive of this plan and David Thompson, 3 Underwood
Circle, came to this hearing to show his support.
Action: Motion to close the record approved unanimously. Motion to approve this special permit subject to the Planning Board’s recommendation granted unanimously. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Jeff Macklin is the Decision Writer.
5) Christopher Knollmeyer, 44 Page Road, M/P 50 2 0, for a special permit to reconstruct a single family house on an existing non-conforming lot. The applicant appeared with his lawyer, Paul Mahoney of Mahoney Architects. The nature of the non-conformity is as follows: existing lot is 59,241 s.f., short of the 80,000 s.f. required, and the lot width is 220’ short of the required 250’. It was noted that the neighborhood is heavily wooded. The applicant has received approval from the Historic District Commission and is currently beforein front of the Planning Board. John Kimball said the reconstruction of a teardown requires that some part of the existing house be used or declared unreconstructableuninhabitable. Mr. Mahoney responded that although the existing
structure will not be reused, they do plan on keeping a small pieces of the foundation wall. Currently the existing home has 2,510 s.f. of livable space and the proposed home will add 4,015 s.f., bringing the total square footage to 6,525, which includes a garage. Christopher Knollmeyer added that he bought the house and had a tenant living there until a sudden death of the husband. Mr. Knollmeyer began remodeling the home and realized there are problems with mold in the ductwork and crawl space foundation. There are also chimney leaks and window leaks. The screened porch has a full basement underneath and water is getting into the basement and trapped in the foundation causing a significant drainage problem. The furnace in the partially finished basement is old and has broken down twice. John Kimball noted these problems aren’t really structural and that the ZBA requires an engineer’s report before someone can do a tear down. The house is currently unoccupied and Mr.
Knollmeyer does intend to sell this home after completion. Anna Hardman stated she does not understand why they are not renovating the existing house. She noted that the proposed structure does not attempt to retain architectural style, there are no needs of an existing family, and it will be built to be sold. A potential site visit was discussed and would be helpful.
Action: This matter is continued to May 24, 2007. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. John Kimball is the Decision Writer.
6) Forrest St. Clair, 111 Tower Road, M/P 105 9 0, for a special permit to reconstruct a single family house on an existing non-conforming lot. Mr. St. Clair bought this 1937 cottage style home on 4 acres in 2002 (as is). After purchase, he discovered there were Title 5 septic issues and substandard wiring and a dirt basement floor. He had three months to make this livable and had no children at the time. He now has a 2 year old daughter and the safety issues with wiring and lead paint are of concern. Mr. St. Clair noted that he and his wife and child moved out in March of this year. Additionally, the surveyor made a mistake and used the R-2 district when it was actually the R-1 district. Mr. St. Clair received a demolition permit and thought he was “good to go.” He allowed the Fire Department to use this home for an arson test. The house is still exists, but is slightly burned. The proposed house would be shingle style and much larger than the existing home,
approximately 3 times the size currently. Mr. St. Clair noted that the existing foundation is a porous foundation and cannot be used. The Board noted that an engineer’s report showing that the existing house could not feasibly be used would be needed if it would be torn down. Joel Freedman noted that the size and bulk of the proposed structure is a big challenge to approve. John Kimball stated that we need a plot plan of the existing house, elevations showing the impact of the existing and proposed home, a square footage for comparison and floor plans of the existing structure. A site visit would be helpful as well.
Action: This matter is continued to May 31, 2007. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Joel Freedman is the Decision Writer.
Administrative Matters:
Letter of Withdrawal for the Carol Cadogan application dated 4/25/07 was distributed.
LV Realty Tenants Request to maintain a soda machine - Letter to Abutters dated 4/18/07 was distributed.
Pending Roster distributed.
Meeting adjourned at 10:15 pm.
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