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HomeMy WebLinkAboutMinutes - ZBoA - 05/05/2014 Minutes—Zoning Board of Appeals May 5, 2014 Members Present: S. Woodworth Chittick, Chairman Charles Higginson Peter Goedecke Benjamin Lacy David McMorris Member Absent: Jennifer Schultz Others Present: Jennifer Brennan Oram,Assistant Clerk, ZBA Meeting held in the Board of Selectmen's Office,Town Hall. Chairman Chittick called the meeting to order at 7:30PM Board Business Minutes—Mr. Benjamin Lacy moved to approve the minutes of March 3, 2014 as amended. Mr. Charles Higginson seconded the motion and the vote was unanimous. Chairman Chittick moved to approve the minutes of April 14, 2014 as amended. Mr. Peter Goedecke seconded the motion and the vote was unanimous. The Board agreed to have the next meeting of the Zoning Board on Monday,June 9, 2014. 25 Ripley Road—Request from property owner,Wilmarc Charles,for an extension on the Comprehensive Permit for 25 Ripley Road. Mr. Charles addressed the Board. He stated that he is asking for additional time because he has a loan modification on the property. He would like to wait until 2015 so that the amount he owes on the property will be reduced due to the lender writing off a large portion of the loan. He also hopes to bring in an investor for the project. There was further discussion regarding the loan modification. Mr. Charles stated that until he can proceed with the project, he plans to rent part of the house and he would live on the third floor. Chairman Chittick asked Building Inspector, Robert Egan, if this was allowed in this zone. Mr. Egan stated that Mr. Charles would not be allowed to rent the property as it is only allowed to be is a single family home. Chairman Chittick suggested that the Board could consider a one year extension now and then have Mr. Charles come in and update the Board on the progress and then request another year extension. Mr. Goedecke stated they could discuss the options and vote then. The Board will discuss and get back to Mr. Charles. ZBA—5.5.14-J BO 1 Minutes—Zoning Board of Appeals May 5, 2014 HEARINGS APPEAL—Filed by Attorney Richard Henderson on behalf of his clients Richard Cate and Barbara Wallner of 40B Nichols Road,to appeal the Building Inspector's denial of enforcement action at 42 Nichols Road (landowners Winthrop G. and Constance G. Minot). File#14.02.19. This hearing was opened and continued to this date per the request of the appellant. Mr. Goedecke recused himself from this hearing and left the room. Attorney Henderson addressed the Board on behalf of his clients, Richard Cate and Barbara Wallner of 40B Nichols Road. Attorney Henderson explained that he had filed a letter with Building Inspector, Robert Egan, in which it was stated that it was their feeling that the generator owned by Winthrop G. and Constance G. Minot of 42 Nichols Road was a structure and was too close to the lot line. They did not receive a response from Mr. Egan, but they did receive a letter from the Minot's Attorney, Adam Brodsky, which cited cases and stated that the generator was not a structure. It is Attorney Henderson's opinion that the generator is a structure as it a piece of equipment and should not be located where it is. Mr. David McMorris stated that he did agree that it was a piece of equipment, but questioned if it was under the bylaw. There was further discussion regarding structures as defined in the Zoning Bylaws. Attorney Henderson stated that he did not stray from his belief that the generator is a structure under the Town's bylaws. He also feels that this is not an arbitrary complaint. The generator is located right near his client's family room and bedroom and it is noisy when it comes on. Attorney Adam Brodsky addressed the Board on behalf of his clients, Mr. and Mrs. Minot. Attorney Brodsky asked if the Board started regulating generators, where would they stop?The generator in question is very quiet. He stated that he does not agree with Attorney Henderson. He maintains that the generator is not a structure. Attorney Brodsky asked Mr.John McDonough, the Minots caretaker to address the Board. Mr. McDonough stated that he arranged for the generator to be installed. He said that it runs at 22 decibels, where an AC Unit runs between 26-20 decibels. In addition to the generator, there are propane tanks to support it, but those will eventually be enclosed. The Board asked Building Inspector, Robert Egan, what his thoughts were regarding the issue. Mr. Egan stated that he looked at the complaint, but never responded as he thought it was something that could be worked out between the neighbors. The generator comes on to test itself on Monday afternoons and maybe that time is not good for the Minots. Mr. McDonough stated that it does run at full power for 20 minutes once a week. Chairman Chittick asked for final thoughts regarding if the generator was a structure on not. Attorney Brodsky said that it is simply not a structure under the Town's bylaw§5.2. Attorney Henderson read the definition of structure out loud and stated that the Board has ruled in the past that similar things are structures. He stated the Board did so in a case regarding air conditioners up on Atlantic Avenue. Attorney Henderson said that he would be happy to write a brief addressing the issue of why it is his belief the generator is a structure. After further discussion, Chairman Chittick moved to close the ZBA—5.5.14-J BO 2 Minutes—Zoning Board of Appeals May 5, 2014 hearing with the understanding that additional briefs will be submitted. Mr. Lacy seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Can Tiryaki of Tiryaki Architectural Design, on behalf of landowners, Elizabeth and Will Kirkpatrick, seeks to construct a two story addition that would extend the non- conformity on the East side of 48 Smith Place. §8.7.2. File#14.04.04. Chairman Chittick recused himself and asked Mr. Goedecke to Chair the hearing. Chairman Chittick then left the room. Mr. Goedecke opened the hearing. Mr. Can Tiryaki of Tiryaki Designs addressed the Board on behalf of his clients, Elizabeth and Will Kirkpatrick. Both of the abutters have been alerted of the proposed project and both are in favor. Mr.Tirayki submitted emails of support from Robert Protulis and Ms. Cate Gardner. Mr.Tiryaki stated that the Kirkpatricks love the neighborhood and would like to stay where they are, but need room for their growing family. They are proposing to build a rear addition off the East side of the house. The East side is nonconforming. They are proposing to enclose the existing deck to make a partial one story addition and behind that, a two story addition. Mr. Lacy pointed out that most of what they are proposing is on the West and South side. Mr. Tiryaki also clarified that one of the decks will be enclosed; the other will remain as is. The one story deck that is being enclosed is allowed to be 15' if it is 10' from the lot line. Vice-Chairman Goedecke asked Mr. Tiryaki to review the elevations for the Board and the distance from the sideline. He did so and added that the only area they need relief is on the East side. Everything else that is being proposed is conforming and does not need relief. The rear addition that needs support faces the Protulis family and they have submitted a letter of support for the project. Mr. Tiryaki reviewed the calculations of the square footage of the addition as wells as the fagade calculations. Mr.Tiryaki stated that the increase in fagade was approximately 456 square feet. Vice-Chairman Goedecke stated that it was a good amount in percentage terms, but it is going straight up. He added that this can be discussed more in deliberations. Mr. McMorris moved to close the hearing. Mr. Higginson seconded the motion and the vote was unanimous. DELIBERATIONS SPECIAL PERMIT—Filed by James Kelliher of Axiom Architects,on behalf of landowner, Ryan L. Staszko, seeks to reconstruct the garage and build storage space above at 488 Jerusalem Road. §8.7. File#14.02.06. Mr. Goedecke reviewed for the Board his thought process on this application. Mr. Lacy and Mr. McMorris both stated that they agreed with his reasoning. After further discussion, Mr. McMorris moved to grant the relief sought for a Special Permit under§8.7.2. Mr. Goedecke seconded the motion and the vote was unanimous(Chairman Chittick, Mr. Higginson and Mr. Goedecke). ZBA—5.5.14-JBO 3 Minutes—Zoning Board of Appeals May 5, 2014 SPECIAL PERMIT—Filed by Jeffrey M. Hassett of Morse Engineering, on behalf of landowners Todd M. &Jodie Goff, seek to construct an addition in the Flood Plain at 139 Hull Street. §9. File#14.03.12. After a brief discussion, Chairman Chittick moved to grant the Special Permit under§9.7.8. Mr. McMorris seconded the motion and the vote was unanimous(Chairman Chittick, Mr. Higginson and Mr. Goedecke voting). SPECIAL PERMIT—Filed by Cavanaro Consulting, on behalf of landowner, Roger W. Wade, seeks to construct a detached garage,with living area above within the Flood Plain at 73 Whitehead Road. §9.7.8. File#14.02.07. After a brief discussion, Chairman Chittick moved to grant the Special Permit under§9.7.8. Mr. Geodecke seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Builder Christopher McKenna, on behalf of landowners, Charles D. Henry& Kathleen Fox,to construct a small pier and float at 31 Otis Avenue. §§4.5 and 9.6. File#14.03.05. Chairman Chittick moved to grant the Special Permit under§§9.7.5 and 12.4. Mr. Goedecke seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by William J. McGovern of Morse Engineering Col, Inc., on behalf of landowners David A Dwyer& Heather S. Hawes,construct a Private Boat Dock within the Flood Plain at 332 South Main Street. §9. File#14.01.17. Chairman Chittick moved to grant the Special Permit under§§9.7.5 and 12.4. Mr. Goedecke seconded the motion and the vote was unanimous. SPECIAL PERMIT—Filed by Attorney Richard Henderson and Cavanaro Consulting on behalf of landowners,Andrew T. and Leslie Anne Wise,seek an extension and enlargement of a nonconforming building to add a breezeway and attached garage, a portion of which is in the Flood Plain and Watershed Protection District,at 84 Gammons Road. §§8.7 and 9.7.8. File#13.11.08 After an extensive conversation, Chairman Chittick moved to deny the relief sought as they do not meet the requirements for§8.7.2. Mr. Goedecke seconded the motion and the vote was unanimous (Chairman Chittick, Mr. Higginson and Mr. Goedecke voting). Chairman Chittick moved to adjourn the meeting. Mr. Lacy seconded the motion and the vote was unanimous. Meeting adjourned at 10:45PM. ZBA—5.5.14-JBO 4 Minutes—Zoning Board of Appeals May 5, 2014 Respectfully submitted, Jennifer Brennan Oram Assistant Clerk, ZBA Documents: Picture of generator from Nichols Road Email from Robert Protulis regarding 48 Smith Place Email from Cate Garnder regarding 48 Smith Place ZBA—5.5.14-J BO 5