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Meeting Minutes of the Zoning Board of Appeals
December 11, 2008
Meeting convened at 7:30 pm in the Lower Level Conference Room. Present: John Kimball, Chair, Steve Daigle, Joel Freedman, Jeff Macklin, Margaret Olson, Win Quayle and Dorothy Blakeley, ZBA Clerk.
Continuances:
Lorli Hardigg and James Pope, 61 Beaver Pond Road, M/P 85 12 0, for a special permit to reconstruct a single family home and garage. Ms. Hardigg and Mr. Pope appeared with their architect, Mr. Stephen Hart and his colleague, Sarah White, of Hart Associates, Belmont, Mass. Mr. Hart noted that the screening issue was still outstanding from our last meeting. Mr. Hart appeared before the Planning Board on Dec. 10, 2008 to address the screening issues. Mr. Hart stated that both the Planning Board and the Zoning Board agree that screening is very important and shared photos with the Board. Most of the Board members have made a site visit. Mr. Hart requested permission from the Conservation Commission to remove 3 trees, one big tree and two smaller trees which are leaning and somewhat dangerous. Mr. Hart
plans to replace these trees with 4 evergreens, Atlantic white cedars and Atlantic white pines, as well as adding 3 dogwoods. Mr. Richard Mandelkorn, 65 Beaver Pond Road, expressed his concern with the effectiveness of the proposed screening. It was noted that the Conservation Commission limits where the trees can be placed. Motion to close the record approved unanimously.
Action: Motion to approve this application with conditions approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
Countryside Building and Development Corp., 173 Tower Road, M/P 119 20 0, for a special permit to reconstruct a single family home and garage. Ken Eisner, President of Countryside Building & Development Corp, represented himself. Mr. Kimball noted that we have received Town Counsel’s opinion and are ready to proceed on that basis. Mr. Kimball also noted that we have received many emails from Barbara Peskin. The Board, Mr. Eisner and Ms. Peskin discussed various issues such as screening, fill, and the septic system. Mr. Freedman inquired whether the septic system could be moved. Mr. Eisner replied that he was unsure of the answer to that question and it would require further investigation. Mr. Freedman stated that this issue is “mission critical,” in his opinion. Motion to
close the record approved. The Board discussed adding two conditions to this Special Permit, 1) importance of screening; and 2) if Board of Health agrees, move the septic system to the expansion area.
Action: Motion to approve this application approved by a vote of 4-1. Mr. Freedman dissenting. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Jeff, Macklin, and Win Quayle. Jeff Macklin is the Decision Writer.
Nicholas 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. Konstandaskis appeared with Mr. Don Quinn of Crystal Clear Pools Construction Corp. Since our last hearing on this matter on November 13th, a survey and elevations were completed and distributed to the Board, and a site visit has been done by Board members. The Board and Mr. and Mrs. Konstandakis discussed the size of the proposed pool and pool house structure. The Board inquired whether the structure itself could be reduced somewhat and still enclose the proposed pool. The proposed pool is 40 feet long and 16 feet wide and the proposed structure is 70 x 50. Mr. Konstandakis responded that he could probably reduce it to 60 x 50 if the Board would like
him to do so. The Board agreed this would be a good compromise. Motion to close the record approved unanimously. Motion to approve this application subject to the maximum size of 60 x 50, with at least 40 feet setbacks and a maximum height of 19.6 feet and no type of paved pathway between the home and the pool house approved.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Joel Freedman, Jeff Macklin, Win Quayle and Margaret Olson. Margaret Olson is the Decision Writer.
Accessory Apartment Renewals:
Randal Briggs, 31 Morningside Lane, M/P 16 27 0. Mr. Edwin Tam, 2 Sunnyside Lane, is an abutter who came to this meeting to express his concerns about the contents in Mr. Brigg’s yard, including a canopy and a RV parked there in the summer. Since Mr. Briggs was not at this meeting, we continued this matter until February 26, 2009.
Alan Donaldson, 279 South Great Road, M/P 119 6 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Amir Hoveyda and Suzanne Gray, 152 Trapelo Road, M/P 68 8 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Michael and Janet Frazier, 18 Granville Road, M/P 56 2 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Pamela and William Hoyt, 58 Conant Road, M/P 107 4 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Anne Knowlton, 49 Stonehedge Road, M/P 127 3 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Gary and Susan Taylor, 84 Davison Road, M/P 47 3 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Preliminary Discussion:
Charlie Stankard, 63 and 65 Winter Street, regarding a possible subdivision plan. Mr. Stankard had a preliminary meeting with the Planning Board regarding creating a minor street according to Town regulations, which would be 40 feet wide. This would allow a land swap with an abutter, Mr. Gladstone, that would in effect, create 2 conforming lots, each with 3 acres of land. The existing houses at 65 and 63 Winter Street would still be non-conforming with respect to the side setbacks. Mr. Stankard noted that he plans to deed the open field behind the property so that it would stay open. The Board observed that this preliminary plan may be feasible and advised Mr. Stankard to file a formal application with the ZBA. Mr. Stankard plans on filing applications with both the Planning Board and ZBA.
Administrative:
Meeting minutes of November 13, 2008 approved.
Executive Session:
The Board moved to adjourn to Executive Session, approved unanimously. The Board discussed the Alaric Naiman appeal of the ZBA decision.
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