Meeting Minutes of the Zoning Board of Appeals
April 30, 2009
Meeting convened at 7:30 pm in the Donaldson Conference Room. Present: John Kimball, Chair, Steve Daigle, Anna Hardman, Jeff Macklin, Margaret Olson, Megan Stride and Win Quayle, and Dorothy Blakeley, ZBA Clerk.
New Matters:
Lowden SavATree, 15 Lewis Street, M/P 95 34 0, for a special permit to operate a tree and landscape business. Mr. John Gummere, owner of this property, and Mr. Mike Newman, General Manager, appeared on behalf of Lowden-SavATree. Mr. Gummere is planning on selling this property to his tenant, Lowden-SavATree. The board and Mr. Gummere and Mr. Newman discussed the operations of the tree and landscape company and inquired whether there had been any complaints from neighbors. There have been no complaints since the last renewal in 2007. The board and applicants discussed keeping the same conditions in place and it was agreed that these should remain in place. Motion to close the record approved unanimously.
Action: Motion to approve this proposal approved unanimously. Panel includes John Kimball, Chair, Megan Stride, Anna Hardman, Jeff Macklin and Win Quayle. Megan Stride is the Decision Writer.
Builder’s Club, 181 Lincoln Road, M/P 96 4 0, for renewal of a 3 year special permit. Mr. Ken Leitner, member and attorney, and Mr. John Hannon, Treasurer, appeared on behalf of the Builder’s Club, also known as the Masonic Lodge. Mr. Hannon reported that there are 10 meetings held per year and none in July or August. There are approximately 35 people maximum attending these meetings. On Saturdays, the boy scouts utilize the space. There have been no changes since the last renewal. Motion to close the record approved unanimously.
Action: Motion to approve this proposal approved unanimously. Panel includes John Kimball, Chair, Anna Hardman, Jeff Macklin, Steve Daigle and Win Quayle. Jeff Macklin is the Decision Writer
Larry Herthel, 199 Concord Road, M/P 97 6 1, for a special permit to install a shed. Larry Herthel represented himself. Mr. Herthel stated this lot was purchased by his father in 1944 and it has remained in the family since then. There is a cabin currently on this property which is currently powered by a noisy generator. They would like to add a utility shed to run power to the cabin. Mr. Herthel noted that the proposed shed is temporary and his long term goal is to build a house on this property. Mr. Kimball stated there are a few issues to be considered:
1) Claim that there is a grandfathered dwelling unit, the cabin. The lot does not comply with current zoning.
2) Issue of whether the cabin has been used continuously as a dwelling unit.
3) Issue of access to the site.
4) An accessory structure must have a primary structure.
Mr. Kimball inquired whether Mr. Herthel and his wife are sole beneficiaries of the trust? Mr. Herthel responded no, that they are trustees, but not the sole beneficiaries. It was noted that the Town has not taxed the cabin as a dwelling. Mr. Kimball stated that this matter is complicated enough to warrant review by Town Counsel. An abutter, Kristina Ryan, 10 Sweet Bay Lane, came to the meeting find out what is being planned for this property.
Action: This matter is continued until our June 18th ZBA meeting in order for Town Counsel to weigh in with an opinion. Panel includes: John Kimball, Chair, Anna Hardman, Steve Daigle, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
Kris Estes and Stephen Binder, 36 Beaver Pond Road, M/P 86 2 0, for a special permit to reconstruct a single family house and garage. Ms. Estes and Mr. Binder appeared with their architects, Paul Fiore and Richard Curl, of Foley-Fiore Architects of Cambridge, Mass. The applicants noted that their previous home at 36 Beaver Pond Road was the scene of a catastrophic house fire last year and the remains had to be leveled. The lot was conceived in 1941 and the house was built in 1997. Mr. Fiore shared the plans for the new home with the Board and noted that the 100 foot buffer area will remain and all required setbacks will be maintained. The new first floor plan will allow more natural light, air and views to the outside. The proposed house is situated mostly within the same
footprint of the former home, but designed to reduce the massing of the original house. Mr. Fiore noted that he has met with Tom Gumbart, Conservation Director and also that the applicants have a preliminary meeting with the Planning Board scheduled for May 13th. Ms. Estes added that she has spoken with her neighbors and that they are supportive of the proposed plans. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes John Kimball, Chair, Anna Hardman, Jeff Macklin, Win Quayle, and Margaret Olson. Margaret Olson is the Decision Writer.
Sarah and William Finsthwait, 79 Page Road, M/P 50 4 0, for a special permit for an accessory structure, a treehouse. Mr. and Mrs. Finsthwait represented themselves. It was noted that house is owned by Mr. Finsthwait’s real estate partner, Mr. Jeffrey Dickson, in order to obtain a better mortgage rate. The application does include the power of attorney from Mr. Dickson, who is the owner of record on the assessor’s property card. Mr. and Mrs. Finsthwait stated that have thee boys, ages 11, 8 and 3 and that the two older boys are boy scouts. The family wanted to build a tree fort as a family project and found what they considered to be the only suitable location adjacent to their property line. The Board and the Finsthwait’s discussed the definition of a structure
as it relates to the by-laws, specifically Section 13.4, Accessory Structures. The Board also reviewed photos taken on April 29th by the Building Inspector, Earl Midgley, who was called by the abutters, Mr. and Mrs. Ansin of 75 Page Road. Mr. Ansin came to the meeting and stated his displeasure with the fact that the treeehouse is placed on the property line and has a view looking directly into his home. Motion to close the record approve unanimously. The Board and the Finsthwait’s discussed whether or not to deny or withdraw the application.
Action: Motion to deny this application approved unanimously. Panel includes John Kimball, Chair, Steve Daigle, Anna Hardman, Jeff Macklin and Win Quayle. Steve Daigle is the Decision Writer.
Accessory Apartment Renewals:
William Fisher, 16 Granville Road, M/P 56 7 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Sophie Freud, 34 Laurel Drive, M/P 110 30 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Mark Golden, 15 Old Sudbury Road, M/P 118 9 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
John LeGates, 12 Canaan Drive, M/P 44 4 3, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Ronald McDougald, 22 Lincoln Road, M/P 65 19 0, renewal of existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision writer.
Administrative:
The Board unanimously re-elected John Kimball as Chair for another one year term.
The Board signed the following completed decisions:
Jen Holleran and Andrew Clark, 8 Upland Field Road
Accessory Apartment Decisions:
Lily Peck, 84 Davison Drive
Eugene Meyer, 31 Trapelo Road
Randall Thompson, 34 Bedford Road
Anne Young, 41 Bedford Road
Katherine Ives, 70 Bedford Road
Joseph Ambash & Frances Aschheim, 15 Conant Road
Meeting minutes from March 26, 2009 approved.
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