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Meeting Minutes from the Zoning Board of Appeals
September 25, 2008
Meeting convened at 7:30 pm in the Building Department at Town Offices. Present: John Kimball, Chair, Steve Daigle, Anna Hardman, Jeff Macklin, Win Quayle, Margaret Olson and Megan Stride, and Dorothy Blakeley, ZBA Clerk.
New Matters:
Eleanor Hardigg and James Pope, 61 Beaver Pond Road, M/P 85 12 0, are seeking permission to reconstruct a single family home. Mr. Pope appeared with his architect, Stephen Hart, of Hart Associates, Belmont, Mass. and Mr. Hart’s colleague, Sarah White. Mr. Hart stated the current home is a one story house with a garage and they propose removing the current structure. The front yard setback is conforming and will remain so, the west side setback is currently conforming and the proposed structure will intrude into that setback by 6 ½ feet. They intend to re-use the existing septic system and existing curb cut. The board, architect and applicant discussed the issues of reconstruction, including whether the existing house is unreconstructable and issues of moisture and mold.
Mr. Pope stated that currently there is no basement and the home has a rubber roof with the walls holding moisture which is a huge problem. The applicant has already received approval from the Conservation Commission and the Historical Commission. It was noted that the proposed structure is increasing the size by 700 s.f., but with increased efficiency. The board noted that we will need tangible proof of the mold problem and that normally, the board does not permit a new incursion into the setback. The applicant has already had a preliminary meeting with the Planning Board and is in the process of obtaining a landscape plan. An abutter, Susan Welch, 65 Beaver Pond Road stated this is a happy neighborhood with wooded privacy that includes a stream running in between the houses. Ms. Welch would like to see this privacy maintained with dark sky approved lighting and also controlled dust and debris during the construction process. It was
noted that the height increase will be significant, from 12 feet to 30 ¾ feet. The board inquired if the mold remediation done in 2002 was unsuccessful. The board noted we would need the following issues resolved before ruling on this matter:
a) Site visit by the Board
b) Tangible evidence of the mold problem from an engineer’s report
c) Problem with the left side incursion resolved
d) Elevations on all sides with overlays to include the existing home and proposed structure
Action: This matter is continued until our next meeting October 30, 2008. Panel includes: John Kimball, Chair, Steve Daigle, Anna Hardman, Jeff Macklin and Win Quayle. Anna Hardman is the Decision Writer.
Administrative:
Board discussion of Teardown vs. Reconstruction: the Knox Decision was distributed to aid in this discussion. The Board discussed the criteria of a reconstruction versus teardown including whether or not an existing home can be reused, if an existing footprint can be utilized, and if the new structure does not exacerbate the non-conformity. Also discussed was the neighbors versus neighborhoods issue and the phrase “not substantially more detrimental to the neighborhood” and other applicable aspects of the zoning by-law.
Signed completed decisions for Christopher Watson & Michelle Lim-Watson and for Amjad Shaikh.
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