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Meeting Minutes of the Zoning Board of Appeals
June 18, 2009
Meeting convened at 7:30 pm in the Lower Level Conference Room. Present: John Kimball, Chair, Steve Daigle, Joel Freedman, Anna Hardman, Jeff Macklin, Win Quayle, Margaret Olson, Megan Stride and David Summer, and Dorothy Blakeley, ZBA Clerk.
New Matters:
Richard Gammack and Dawn Palmer, 23 Huckleberry Hill, M/P 70 17 0, represented themselves as their architect, Gary Anderson, from AI Architecture of Concord, Mass. is out of the country. The applicants noted their home is an Alcoa Aluminum house designed in 1957 and that they purchased the home 5 years ago from the original owner. The home is a contemporary 3 bedroom structure and they would like to add an approximately 600 square foot addition that would include a master bedroom suite and perhaps a guest bedroom. The proposed addition would be added to the rear of the property and have little visibility from the front. Additionally, the expansion will be in keeping with the existing architectural style of the home, a single story with a low pitched roof. The Board inquired about height
of the existing home and the applicants stated it is 13.6 feet and the addition will be about 15 feet. The applicants have spoken with the Town Planner, Mark Whitehead, and this proposed addition will not exceed 4,000 square feet and will therefore not require Planning Board review. The Board inquired about the septic system and advised the applicants to check with the Board of Health to ensure they have an adequate septic system for this addition. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Jeff Macklin and Win Quayle. Joel Freedman is the Decision Writer.
Richard and Jennifer Flanagan, 74 Cambridge Turnpike, M/P 23 3 0, appeared with their general contractor, John Townsend of Sandcastle Group, Marshfield, Mass. The applicants would like to add a 14 x 25 two story addition to the rear of the existing structure. Mr. Townsend noted this is an odd shaped lot and although the lot itself is conforming at 2.26 acres, the existing home is nonconforming. The existing home setback is currently 30 feet and the proposed addition setback is 38 feet; thus not increasing the existing non-conformity. The Board inquired about the height of the structure and Mr. Townsend responded that the height will be below the 36 feet height maximum allowed. The Board requested that the applicants speak with Mark Whitehead, Town Planner, to ensure the height
requirement is not violated and they agreed to do so. An abutter, Mr. Tony Mrugala, 72 Cambridge Turnpike, spoke of his complete support of this proposed project. Motion to close the record approved unanimously.
Action: Motion to approve this application, subject to the height restriction of a maximum of 36 feet, approved unanimously. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Jeff Macklin and Win Quayle. Steve Daigle is the Decision Writer.
Continuances:
Larry Herthel, 199 Concord Road, M/P 97 6 1, for a special permit to install a utility shed. Mr. Herthel appeared with his wife, Pauline Herthel. Since our last meeting on this matter in April, the Board has retained the opinion of Town Counsel, Joel Bard. Mr. Bard stated that the access road was not deeded specifically to Mr. Herthel as part of the deed of the lot. It is Mr. Bard’s opinion that any decision from the ZBA would be to condition approval on that kind of transfer. The Board inquired about details of the shed itself and what it would look like. Mr. Herthel responded that it would be normal metal shed, gray colored, which would enclose a water tank and that it would be temporary. Mr. Herthel reiterated his intention to build a new home on this property and
noted he has a lot of land, 2.93 acres, but not a lot of usable land. The Board and the applicants discussed various conditions to be imposed upon approval such as whether the proposed shed would be an accessory structure to a dwelling unit, the cabin, deed of access to the wood road and painting the shed a dull color to minimize the impact. Mr. Herthel also mentioned that he had installed Motion to close the record approved unanimously.
Action: Motion to approve this application as amended for a cargo container for temporary storage purposes. The Board noted that a temporary permit would be necessary. Motion to close the record approved unanimously.
Action: Motion to approve this application as amended for an accessory temporary structure approved unanimously with conditions. Motion to approve a temporary permit for the container for a term of 3 years also approved unanimously.. Panel includes: John Kimball, Chair, Steve Daigle, Joel Freedman, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
Shapour Alam, 11 Brooks Hill Road, M/P 16 17 6, for an appeal of the enforcement action by the Building Inspector. Since our last meeting, two members of the Board have made site visits and there have been improved communications between some of the neighbors. It was noted that during the site visits, not all of the light were on and none seemed very egregious in the Board’s opinion. An abutter, Jane Herlacher, 7 Brooks Hill Road, hand delivered a letter dated 6/18/09 from John Ritz, 9 Brooks Hill Road, President of the Brooks Hill Homeowners Association, to be entered into the record. Ms. Elaine Carroll, 34 Lewis Street, representing the Building Inspector, Earl Midgley, who could not attend tonight’s meeting, reminded the Board that they are here to rule on an appeal of Mr.
Midgley decision. Ms. Carroll also stated these abutters on Brooks Hill Road have made numerous attempts to placate Mr. Alam by lowering wattages, removing bulbs and changing the directions of the lights and none of these mitigation efforts worked. The Board noted that our job here is to enforce the bylaw and make our own independent decisions. The Board discussed issues of illumination, the fact that the lots are pie-shaped, the bylaw applicable pre and post 2004, whether Mr. Midgley's interpretation is reasonable, and an extension of time needed to write and record the decision. Mr. Alam agreed to sign an agreement to extend the time to file a decision until August 20, 2009. Mr. Alam stated that he had reached an agreement with Mrs. Leonardi, 12 Brooks Hill Road, and wanted to clarify that she had agreed to turn off the post lights and to reduce the lights on the garage by removing one light and putting another on a motion detector.
Motion to close the record approved unanimously.
Action: The Board voted unanimously to both deny the appeal in part; and to affirm the appeal in part. In the case of 7 Brooks Hill Road, the Board heard no evidence of further problems after Mr. Midgley’s enforcement action. In the cases of 9 and 12 Brooks Hill Road, additional changes both in the wattage installed and in the use of fixtures already installed to reduce the intrusion of light could be and subsequently were made. The Board noted that changes in usage of lighting were made on both properties, in particular after the hearing on May 21, and that those efforts do bring numbers 9 and 12 Brooks Hill Road into compliance with the Bylaw. Panel includes: John Kimball, Chair, Anna Hardman, Jeff Macklin, Win Quayle and Megan Stride. Anna Hardman is the Decision
Writer.
Neil Feinberg, 104 Concord Road, M/P 61 5 0, for renewal of an existing accessory apartment approved unanimously for a 7 year term. Dorothy Blakeley is the Decision Writer.
Administrative:
Discussion of Comprehensive Long Range Planning Meeting (CLRP) meeting rescheduled to July 21, 2009
Discussion of suggested changes to bylaws
Welcome of new Board member, David Summer
The Board signed the following decisions:
Public Safety Radio Tower, 0 Bedford Road
James and Julia Craig, 10 Farrar Road
Accessory Apartment Decisions:
Jane Tatlock, 80 Winter Street
Susan Brooks and Eric Harris, 138 Bedford Road
Meeting Minutes of May 21, 2009 approved
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