Meeting Minutes of the Zoning Board of Appeals
June 19, 2008
Meeting convened at 7:35 pm in the Donaldson Conference Room at Town Offices. Present: John Kimball, Chair, Steve Daigle, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle, and Dorothy Blakeley, ZBA Clerk.
New Matters:
Robert Steinbrook, 8 Peirce Hill Road, M/P 74 29 0, is seeking approval for an exterior change to his existing room over his garage by adding a dormer. Mr. Steinbrook noted that the foundation doesn’t change and the square footage doesn’t change, but the room will become more functional with the addition of a dormer. Motion to close the hearing approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Jeff Macklin is the Decision Writer.
Rob Soluri and DeAnna Mori, 15 Lincoln Road, M/P 65 2 0, are represented by their architect, Andrew Reck, of Oak Hill Architects. The homeowners would like to add a small addition consisting of a kitchen/family room to the rear of the house and adding an entryway to the west side of the home. Mr. Reck shared photos and plans with the Board. The applicants have already received approval from the Historic District Commission for this plan. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Anna Hardman is the Decision Writer.
John Zornig, 6 Brooks Road, M/P 15 3 0, is seeking permission to install an amateur radio tower, a steel structure with a height of 50 feet. Mr. Zornig told the board he has a Ph.D. in electrical engineering and that he has been in contact with the FAA regarding this proposed structure. Mr. Zornig stated he originally asked the FAA for a 75 foot structure, but negotiated down to a 50 foot structure with no light. A board member inquired about the safety issue and Mr. Zornig noted that the entire tower would weigh about 200 lbs and is constructed to buckle and twist down in case of collapse. The color would be gray galvanized steel and the antenna weighs approximately 50 lbs. The board recommended some sort of anti climbing device as the tower could be viewed as an “attractive nuisance”
and may invite kids to climb the structure. Mr. Zornig responded he would be happy to put chicken wire or some such anti climbing device on the tower. The Board noted that the Planning Board has recommended a 5 year term for the proposed tower and that another amateur radio tower that gained approval from the ZBA had 9 conditions associated with that permit. Motion to close the record approved unanimously.
Action: Motion to approve this application with the 9 conditions, including no light required by the FAA, approved unanimously for a term of 5 years. Panel includes: John Kimball, Chair, Steve Daigle, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. Steve Daigle is the Decision Writer.
Chris and Becca Fasciano, 8 Linway Road, M/P 117 10 0, are seeking approval to install a farmer’s porch on the south and west side of their property. The applicants appeared with their contractor, Jonathan Martin of Hollett Building Corp. The Fasciano’s have a colonial that was formerly a ranch on a non-conforming lot and would like to soften the look and make it more of a New England style home by adding a porch without any enclosure. The applicants noted that they are aware of the abutters who are concerned with the possibility of enclosing the porch and that this will not happen. The abutters, Herman Tannert and Joanna Hopkins, of 7 Linway Road, stated they are concerned with 2 issues regarding this proposed porch; one is lighting and the other is enclosure of the porch. Ms. Fasciano stated
any new lights would be recessed in the porch ceiling and the possibility of enclosure has already been addressed. Motion to close the hearing approved unanimously.
Action: Motion to approve this application with the conditions of dark sky compliant lighting and no further enclosure of this porch approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Anna Hardman, Joel Freedman, Jeff Macklin, and Win Quayle. John Kimball is the Decision Writer.
Lincoln Fuels, 110 Concord Road, M/P 61 7 0, owners James Durkin and Scott Guenard are seeking approval to sell propane gas. Mr. Durkin and Mr. Guenard have sought and received approval from Fire Chief Cotoni regarding where to place the propane tank as well as permission from the Fire Department for the sale of propane. The tank is currently placed 15 feet away from the side lot line and 40 feet away from the front lot line. The Board discussed moving the tank 5 feet back from the side lot line and 10 feet back from the front lot line to comply with the setback issues. The board inquired about safety and certification necessary to fill the tanks. The owners responded that certification is required to fill the tanks, and that there is a 2 hour course and test that must be taken before an individual can be
certified. An abutter, Neil Feinberg, 104 Concord Road, noted that Lincoln Fuels has been a good neighbor, but that he still feels there are a few things that need to be addressed. One issue is that the Department of Environmental Protection, DEP, has declared parts of the gas station as a hazardous waste zone. Mr. Feinberg noted that trenching has been done to bring electrical to the site of the propane tank and that the soil that was removed was still on the property. Mr. Feinberg stated, in his opinion, it was unclear whether they should have trenched across the contaminated soil and that he has environmental concerns and that he opposes the approval of this application. The Board asked Mr. Feinberg to summarize his concerns in writing and get that material to the Board before our next meeting. Jean and Kurt Risley, 21 Old Concord Road, came to the meeting to support this application, stating it would be helpful to have propane gas available to
purchase for barbecues. A board member asked for a plot plan to be submitted in order to vote on this application.
Action: This matter is continued until our next meeting on July 24, 2008.
Continuance:
Alaric Naiman, 12 Huntley Lane, M/P 101 6 0, for an appeal of the building inspector’s response to request for zoning enforcement. Mr. Naiman, Mr. and Mrs. Brodney, Mr. Midgley, Building Inspector, and Mr. Constable, President of LLCT, are present for this meeting.
Mr. Kimball stated that this has not been remediated as required and that he proposes a trust comprised of Mr. Naiman and Mr. Brodney to come up with a plan to address the issues at the expense of Mr. Brodney for mediation. The Board and those present to hear this application discussed the issues before us such as the trail, loam, topsoil and vegetation. The Board encouraged all those involved to get together and resolve this.
Action: This matter is continued to our August 14th meeting, 8:30 pm.
Accessory Apartment Renewal:
Jane and Richard Tatlock, 80 Winter Street, for a renewal of their accessory apartment which is coming to the end of its one year term at the end of July, 2008. The Board, Mr. Earl Midgley, Building Inspector, and the Tatlocks discussed the conditions of their special permit which included:
· Extend fence
· Remove light
· Hemlock screening
· Plant additional screenings
· Deed restriction
· Limited to one person occupancy
· Access to stairs
· Permanent underground drainage system
It was noted that all conditions have been complied with, with the exception of the permanent underground drainage system. Mr. Tatlock had a concern that if there was a problem in freezing weather, it would be safer to keep this above ground. After discussion with the Board, Mr. Tatlock agreed to comply with the last condition and find a permanent underground solution as required by the Special Permit. Mr. Midgley volunteered to help Mr. Tatlock in solving this problem and coming up with a plan for a permanent downhill drainage system.
Action: This matter continued until July 24th, 2008.
Administrative:
· John Kimball was re-elected by the Board as Chairman for another one year term.
· Completed decisions were signed.
· Meeting minutes were approved.
· Accessory Apartment Renewal Forms were approved.
Meeting adjourned at 10:30 pm
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