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
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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.
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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
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