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Meeting Minutes from the Zoning Board of Appeals
November 13, 2008
Present: John Kimball, Chair, Steve Daigle, Joel Freedman, Anna Hardman, Jeff Macklin, Margaret Olsen, Megan Stride, and Win Quayle and Dorothy Blakeley, ZBA Clerk.
New Matters:
Ruth Ann Hendrickson and Robert Hendrickson, 253 Concord Road, M/P 116 16 0, appeared with their architect, Tom Harden, of Tom Harden & Associates, Lexington, Mass. The Hendrickson’s would like to replace their existing detached garage that has developed structural problems with a slightly larger garage. The current garage is 20 x 18 and is typical of the neighborhood. They would like to enlarge the garage to 25 x 24, but would not increase the existing front yard non-conforming setback of 49 feet. An abutter, Mr. John Snelling, 4 Farrar Road, came to this meeting to express his support of this project. Mrs. Hendrickson noted that their neighbors at 255 Concord Road are also in favor of this project and that the neighbors at 254 Concord Road will not be able to see
the garage. Motion to close the record unanimously passed.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Joel Freedman, Anna Hardman, Jeff Macklin and Win Quayle. Win Quayle is the Decision Writer.
Nicolas and Vicki Konstandakis, 22 Old Cambridge Turnpike, M/P 24 6 0, would like to add an inground pool and spa enclosed within a pool house. Mr. and Mrs. Konstandakis appeared with Mr. Don Quinn and Mr. Bill Casna of Crystal Clear Pools Construction Corp. Mr. and Mrs. Konstandakis have been in contact with the Conservation Commission regarding the placement of the pool as there are wetlands issues. They originally wanted to place the pool next to their house, but could not due to Conservation restrictions. The new proposed location is in the rear of the property behind the leach field. The proposed pool house would be 19 ½ feet tall with wood cedar clapboard to match the house. It would contain a pool, spa and half bathroom. It was noted that they will need a permit
from the Board of Health for a septic tank hookup. An abutter, Mr. David Segal, 39 Cambridge Turnpike, spoke to the Board at length regarding development of his neighborhood, including cell towers, trees and decisions of prior Boards. It is Mr. Segal’s contention that Mr. Konstandakis should be able to place his pool house wherever he wants, regardless of zoning restrictions. The Board and the applicants discussed the proposed plan, the terrain of the property and the need for a site plan and elevations of the pool house, perhaps showing a cross section. Additionally, the Board decided that there was a need for a site visit as well. It was noted that the applicants will have the proposed pool house area staked and flagged for viewing by the Board during their site visit. The Board stated this application will need Planning Board review under Section 4.6 of the Zoning By-law for site plan review.
Action: This matter is continued until our December 11, 2008 meeting. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin and Margaret Olson. Margaret Olson is the Decision Writer.
Continuance:
Countryside Building & Development Corp. 173 Tower Road, M/P 119 20 0, for permission to reconstruct a single family home and garage. Since our last meeting on November 13, 2008, Mr. Eisner has had a structural engineer prepare a report on the existing conditions. These conditions are documented with photos showing a number of cracks, including diagonal cracks, no footings, and a basement floor that is 18 inches below ground water level. The Board agreed that this report clearly demonstrates the existing home is unreconstructable. Mr. Eisner also produced a plan showing the additional trees requested by the Planning Board. Ms. Barbara Peskin, 299 South Great Road, shared photos of the existing trees to the Board as well as copies of case law as it pertains to one owner owning two
separate lots. Mr. Eisner stated that the case law Ms. Peskin refers to is in regard to vacant lots and that the common ownership of these two lots has existed for the past 30 or 40 years. It was decided that the Board should seek Town Counsel’s opinion before ruling on this case
Action: This matter is continued until December 11, 2008. Panel includes: John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle. Jeff Macklin is the Decision Writer.
Renewals:
Anil Kumar, 99 Conant Road, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Warren Arnold, 3 Blueberry Lane, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Joseph Azrack, 19 Bedford Road, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Peter Conrad, 20 Old Sudbury Road, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Julia & Eric Sax, 9 Old Sudbury Road, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
John Klobuchar, 27 Conant Road, renewal of existing amateur radio tower (short wave antenna and support structure) approved unanimously for 5 years. Steve Daigle is the Decision Writer.
Administrative:
Meeting minutes of October 30, 2008 approved.
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