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Minutes of the Zoning Board of Appeals Meeting of 5/31/07
Meeting convened at 7:35 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) Caroline Boeckman, 218 Concord Road, M/P 101 19 0, for a proposal to build a 36 x 48 barn, continued. Applicant agreed to proceed with four members, requiring a unanimous decision. The proposed structure will be 10 feet high and the roof will be another 15 feet high. The total will not exceed 27 feet from peak to the ground. John Kimball has made a site visit and noted the site is open and he sees no potential problems with the proposed structure. It was also noted that the set back in the front will be 85 feet, well beyond the minimum 50 feet required, and screened from the road. Move to close the hearing approved unanimously.
Action: Motion to approve this application approved unanimously. Panel consists of John Kimball, Anna Hardman, Win Quayle, and Joel Freedman. Joel Freedman is the Decision Writer.
2) Bruce Hammond, 35 Old Winter Street, M/P 71 11 0, for a proposed garage, continued. Applicant agreed to proceed with four members, requiring a unanimous decision. The applicant changed his plans since his last appearance before the ZBA. Mr. Hammond now is proposing an attached garage and mudroom to be built on the north side of the house. This would require a new driveway and would meet all set back requirements. Joel Freedman noted that the proposed new driveway is double width all the way to the road and he would like to see it decreased into a single width at the roadway entrance. The proposed garage will be 576 square feet and the mudroom an additional 172 square feet, bringing the total new square footage to 748 square feet. It was stated that there is a lot of
vegetation between the applicant and the abutter to the north. However, it was also noted that the applicant should notify this abutter to the north before commencing work. Move to close the hearing approved unanimously.
Action: Motion to approve this application approved unanimously with the condition that the driveway be reduced to single width at the entrance to the roadway. Panel consists of John Kimball, Chair, Joel Freedman, Win Quayle, and Jeff Macklin. John Kimball is the Decision writer.
3) Mr. and Mrs. Tatlock, 80 Winter Street, M/P 88 11 0, for an accessory apartment in an accessory structure, a barn. Since our last meeting on April 26th, the applicants have engaged an architect to measure of the existing square footage and prepare a new site plan. The site plan shows the shortest distance between the proposed apartment and the neighbor’s house to be about 59 ft. Additionally, they have installed outside lighting over existing doors in accordance with the dark sky initiative. A discussion about drainage and the sump pump ensued. The pipe carrying the water would drain to a low spot on the land away from the neighbors. John Kimball suggested that the 6 foot fence be continued at that height from where it descends to approximately 4 or 5 feet to create
more of a sound and visual barrier. The Tatlocks added that since they’ve started the application process, the barn has been improved with new siding, paint, downspouts and plantings. It was noted that due to the close proximity to the neighbors, much more screening is needed. Joel Freedman noted that a tenant may see the outdoor space as usable for outdoor entertaining and that the applicant should put enough hemlocks, bushes or other vegetation so that it would be used for egress only. The Planning Board’s recommendations were discussed, including finding a permanent solution to the stormwater drainage situation, and the septic system and compliance. The Tatlock’s propose a restrictive covenant to limit the number of bedrooms. It was determined that the applicants will have 60 days to meet all requirements. John Kimball asked Mr. Curren, an abutter, if the conditions being discussed would address his concerns? Mr.
Curren responded that given the setbacks, it will be difficult, even with fencing and plantings, to mask the noise he hears from his bedroom. Mr. Curren noted he can hear his neighbors cell phone ring. Mr. Kimball noted that the apartment occupancy would be limited to one person. Motion to close the hearing approved unanimously.
Action: The applicants will have 80 days to bring this accessory apartment into compliance. The special permit will be a one year permit to see how things work out. The applicants may apply for renewal of the special permit after one year. The Motion to grant the one year special permit with conditions was approved unanimously. Panel includes: John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Win Quayle is the Decision writer.
4) Forrest St. Clair, 111 Tower Road, M/P 105 9 0, for special permit to reconstruct a single family house on a non-conforming lot. Mr. St. Clair appeared with his architect, Rob Bramhall of Rob Bramhall Architects. Mr. St. Clair noted he had been heard by the Planning Board and was scheduled to appear before them again on June 6th. Mr. Bramhall reviewed landscape plans at the easel and noted that the Planning Board had requested better screening and buffer for the existing septic system. The Planning Board also requested a smaller cupola, although it was noted that the proposed height, 34.6, has not changed. Mr. Bramhall also stated that from the street view, you will not see the mass of the whole building. A discussion of square footage followed and it was noted that the
proposed house is 5,587 square feet and the garage is 700 square feet, bringing the proposed total to 6,291 square feet. John Kimball stated that he had made a site visit and the foundation looked good. Other board members have also made site visits. It was noted that the lot is narrow, that the house does not comply with the width requirement, and that the existing home is a small bungalow style house. A discussion about the size and massing of the proposed home followed. Also entered into the record, were letters from neighbors concerned with the size of the proposed house. Rob Bramhall stated that the applicant plans on having more children and they will need bedrooms and space. Mr. Bramhall also noted that the existing house does not meet today’s codes. John Kimball stated that the size is very large and is right up against the setbacks on either side. Board members expressed concerns about the massing and that it may
be substantially more detrimental to the neighborhood. Anna Hardman noted that the proposed structure is 2.76 times larger than the existing home and the applicant wants to triple the size of the living space. The Board also noted that the proposed house should incorporate a substantial portion of the existing foundation in order to constitute a reconstruction.
Action: This matter is continued until June 26, 2007. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle. Joel Freedman is the Decision writer.
New Matters:
5) Andrew Bennett, 10 Bedford Lane, M/P 22 2 0, for a special permit to construct an open deck and a porch. Mr. Bennett is an architect building his own home who would like to add to a permit that was approved in 2004. Mr. Bennett produced photos of the home, currently under construction. Mr. Bennett does have a temporary Certificate of Occupancy. The proposed additions consist of an exterior deck located in the rear of the property and a porch on the side of the property. Mr. Bennett has spoken to the neighbors and they are supportive of these changes. Mr. Bennett also noted that the proposed changes will bring a more horizontal aspect to the property. Motion to close the hearing approved unanimously.
Action: Motion to approve this application unanimously approved. Panel consists of John Kimball, Chair, Joel Freedman, Anna Hardman, Win Quayle, and Jeff Macklin. Jeff Macklin is the Decision writer.
6) Anthony Cotoia, Jerodel Realty Trust, 65 and 63 Winter Street, M/P 91 7 0, for a special permit and a variance to subdivide the property. Mr. Cotoia appeared with his lawyer, Robert Annese, who represents the Trust, and his engineer, David Crispin, of BSC Group. Mr. Annese stated the properties have been in the family since 1929 and were put into a trust in 1964. Mr. Annese said they are seeking to subdivide 2 homes, one which is out in back. The individual who owns this home is ill and would like to obtain a loan on the property. John Kimball stated we need in writing a detailed timeline with copies of the deeds. John Kimball further noted that for zoning purposes the applicant owns one lot and that the Planning Board has jurisdiction over subdivisions. Mr.
Annese stated they have been before the Planning Board several times and ultimately withdrawn because of a severe wetlands impact. John Kimball again reiterated that the Planning Board is the decision making board regarding subdivisions and it is difficult for the ZBA to grant variances for the purpose of creating a subdivision. Anna Hardman raised the possibility of a land swap and that this may be a way to get enough frontage. It was suggested that the applicant go back before the Planning Board and look at the possibility of a cluster. It was also stated that this lot may not be sub-dividable and that zoning is what it is, and not a hardship. The applicant has the choice to either withdraw the application or agree to an extension. Also noted was the difficulty of summer meetings for the ZBA, so the extension would be until September. A letter was produced regarding this extension and signed by counsel, Robert Annese.
Action: This matter is continued until September 2007. Panel consists of John Kimball, Chair, Joel Freedman, Anna Hardman, Win Quayle, and Jeff Macklin. John Kimball is the Decision Writer.
Administrative Matters:
Packets for June 21, 2007 ZBA meeting distributed.
Meeting adjourned at 10:30 pm.
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