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HomeMy WebLinkAboutMinutes - ZBoA - 09/08/2014 Minutes—Zoning Board of Appeals September 8, 2014 Members Present: S. Woodworth Chittick, Chairman Peter Goedecke Charles Higginson Benjamin Lacy David McMorris Jennifer Schultz Others Present: Jennifer Brennan Oram, Assistant Clerk, ZBA Meeting held in the Board of Selectmen's Meeting Room in Town Hall. Chairman Chittick called the meeting to order at 7:30PM. Board Business Minutes—Mr. Peter Goedecke moved to approve the minutes of July 7, 2014. Mr. Charles Higginson seconded the motion and the vote was unanimous. Mr. David McMorris moved to approve the minutes of August 4, 2014 as amended. Mr. Benjamin Lacy seconded the motion and the vote was unanimous. The Board agreed the next meeting of the Zoning Board of Appeals would be on Monday, October 6, 2014. HEARINGS SPECIAL PERMIT—Filed by Kevin Pennington. Seeks to amend the 2 family designation from the existing 1 bedroom apartment located in the main dwelling, and move the designation to cover the livable space that will be located in the area above the proposed new garage at 47 Highland Avenue. §8.8. File#14.07.22. Chairman Chittick opened the hearing. Mr. Kevin Pennington, owner of 47 Highland Avenue, addressed the Board. Mr. Pennington explained that he purchased the house as a 2 Family dwelling. He would like to move the existing apartment from the main house to the garage that is presently being constructed. There was then an extensive conversation about when the house became a 2 family. Chairman Chittick stated that the dwelling is assessed as a 2 family house. After further discussion, the Board agreed that the house is a legal 2 family house. Chairman Chittick confirmed with Mr. Pennington that he was proposing to take the two family designation and move it to the proposed apartment above the garage. Mr. Pennington stated that he planned to use it as a family room, a guest house and a summer rental. Mr. Lacy stated that he thought if moved the use would be different as the proposed apartment is bigger. Mr. Goedecke and Mr. McMorris do not agree. After further discussion, the Board agrees that the garage is conforming. Mr. McMorris stated that the Board needs to consider if what is being ZBA—9.8.14-JBO 1 Minutes—Zoning Board of Appeals September 8, 2014 proposed would be detrimental to the neighborhood. The proposed apartment is bigger than the existing, but Mr. McMorris and Ms. Schultz don't see how the size matters. Mr. Goedecke asked where the tenant(s) would park. Mr. Pennington stated there would be a space around the side. Chairman Chittick stated that he did not feel the submission is complete and would like Mr. Pennington to come back with figures. Mr. McMorris stated that he did not have a problem conceptually with what is being proposed, but the Board needs good figures to work with. The Board asked Mr. Pennington to file the floor area of the proposed apartment and the existing building coverage and lot coverage;the height of the proposed garage should also be stipulated on the plans. Mr. Pennington does have a completed site plan. The Board would like copies, but asks that they include everything that is impervious and if anything is being removed that is impervious, be certain that is reflected in the calculations. The Board also asked that two parking spaces be shown for the apartment. He is covered with the garage for the main house, but two additional spaces are required for the tenants. Chairman Chittick asked if anyone in the audience wished to speak. Ms. Mary Ellen Melendez of 5 Great Brewster Trail stated that she is not for or against the project, but asked if approved would this be setting a precedent. Members of the Board stated that the decisions rendered are subjective and decided on a case by case basis. Chairman Chittick moved to continue the hearing. Mr. McMorris seconded the motion and the vote was unanimous. CONTINUED HEARINGS/DELIBERATIONS SPECIAL PERMIT—Filed by Can Tiryaki of Tiryaki Architectural Design, on behalf of landowners Maureen and Richard Griffin,seeks to increase the roof height(within existing nonconforming footprint)to accommodate a new roof and dormers for additional living space at 43 Elm Court. §8.7.2. File#14.07.11. Chairman Chittick asked Mr. Goedecke to Chair this hearing. Mr. Chittick then recused himself and left the room. Mr. Can Tiryaki addressed the Board. He is working with Mr. and Mrs. Griffin as their architect. The Board has already heard the majority of the presentation regarding what they are proposing. Mr.Tiryaki reviewed the proposal and then addressed the Board's questions. Mr.Tiryaki reviewed how he got to the height and the grade calculations used. Mr. Goedecke stated that it must have been a complicated grade calculation to determine due to all of the "ups and downs". The proposed zoning height is 26'. Mr.Tiryaki used the dormer on the highest roof line to get to 26'. The existing height is 18.8 feet to the middle of the existing hip roof. The additional square footage of the facade within the setback is an additional 317 square feet on each side. Mr.Tiryaki then reviewed the elevations for the Board. After a brief discussion, Mr. Lacy moved to close the hearing. Mr. Higginson seconded the motion and the vote was unanimous. ZBA—9.8.14-JBO 2 Minutes—Zoning Board of Appeals September 8, 2014 SPECIAL PERMIT—Filed by Andrew T. Wise and Leslie A.Wise. Seeks to add an entryway to the carriage house, a conforming building which is in the Flood Plain &Watershed Protection District at 84 Gammons Road. §9.8. File#14.07.14 Chairman Chittick returned for this hearing. The Board did not have any additional questions. Mr. Geodecke moved to close the hearing. Mr. Higginson seconded the motion and the vote was unanimous. After a brief discussion, Chairman Chittick moved to grant the Special Permit under§9.8. Mr. Higginson seconded the motion and the vote was unanimous(Chairman Chittick, Mr. Goedecke and Mr. Higginson voting). SPECIAL PERMIT—Filed by Can Tiryaki of Tiryaki Architectural Design, on behalf of landowners Maureen and Richard Griffin, seeks to increase the roof height(within existing nonconforming footprint)to accommodate a new roof and dormers for additional living space at 43 Elm Court. §8.7.2. File#14.07.11 Chairman Chittick recused himself from this deliberation and left the room. After an extensive conversation, Mr. Higginson moved to grant the Special Permit under§8.7.2. Ms.Jennifer Shultz seconded the motion and the vote was unanimous (Mr. Goedecke, Mr. Higginson and Mr. McMorris voting). Chairman Chittick returned to the room. Topics not reasonably anticipated by the Chairman 48 hours in advance of the meeting. Chairman Chittick asked the Board if they supported his reaching out to the Planning Board so that the Zoning Advisory Committee (ZAC) can be called to start working on items for the Annual Town Meeting in the spring. The Board supported this. Chairman Chittick distributed to the Board his review of the Red Lion Inn Planning Board application. His memo will be forwarded to the Planning Board. If any member wishes to review the plans, they will be at Town Hall. Mr. Lacy moved to adjourn the meeting. Chairman Chittick seconded the motion and the vote was unanimous. Meeting adjourned at 10:OOPM. Respectfully submitted, Jennifer Brennan Oram Assistant Clerk, Zoning Board of Appeals Documents: Red Lion Inn memo drafted by Chairman S. Woodworth Chittick ZBA—9.8.14-JBO 3