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HomeMy WebLinkAbout03-25-04.pdf BOARD OF APPEALS Minutes of Meeting, March 25, 2004 Judith J Uhrig, Chair Arthur C Smith, Vice-chair, Acting Clerk Nyles N Barnert Maura Sheehan F David Williams (for John J McWeeney) Martha Wood(for Nyles N Barnert on 1 Millbrook Road) 1 14 Aenal Street Christine and David Maestri Special Permit to expand a dwelling above a nonconforming structure The Chair read the legal notices and noted that the Board has received an application, nature and justification for the request, a topographical map, elevations and floor plan There were no comments from town boards The applicants were represented by Bruce McNeil, contractor The applicants require more space for a growing family and propose to construct a second floor addition above the existing structure, turning a Cape into a Colonial The new construction would be within the existing footprint Michael O'Sullivan, 12 Aerial Street, spoke in favor, noting that most of the houses in the neighborhood were Colonials ACTION A motion (by Barnert, seconded by Sheehan)to grant the Special Permit was voted unanimously 2 32 Waltham Street Agnes Voligny Renewal of a Special Permit to operate a bakery The Chair read the legal notice and noted that the Board has received an application and nature and justification of the request There were no comments from town boards The applicant requested that the Special Permit for Rosie's Bakery be renewed for a penod of five years and that the hours of operation be extended to 11 p m There were no comments for or against ACTION. A motion was made (by Barnert, seconded by Smith) to renew the Special Permit with the following changes to the conditions 1 Permitted hours of operation are 7 00 AM to 11 00 PM, seven days a week 7 The special permit is granted for five years and will expire on March 31, 2004 with all other conditions remaining the same The motion passed unanimously 3 1 Millbrook Road(Martha Wood for Niles Barnert) Mark and Lauren Weiss Special Permit to install a tennis backboard on a basketball court The Chair read the legal notice, and noted that the Board has received an application, nature and justification of the request, plot plan and plan showing the requested backboard and the basketball court There were no comments from town boards Lauren Weiss presented the request for a Special Permit to erect a tennis backboard as part of a basketball court which the applicants intend to construct on their property There will be no lighting and there will be landscaping surrounding the court The applicants have spoken with abutters and there were no objections The Board had questions regarding the hours of operation and steps which could be taken to reduce the sound level It was noted that the proposed fence does not meet the Zoning Bylaw requirements for a racquet ball court Mark Weiss expressed their willingness to investigate sound deadening matrerials Rick DeAngelis spoke about possible sources of information about such materials There were no comments for or against ACTION A motion (by Smith, seconded by Williams)to grant the Special Permit to allow the requested tennis backboard with fencing as shown in the submitted plan passed unanimously The applicants were asked to investigate the possibilities of sound deadening materials for the backboard 4 8 White Pine Lane John Sackton and Marcia Butman Vanance to allow a roof overhand within the required setback The Chair read the legal notice, and noted that the Board has received an application, nature and justification of the request, a topographic map, a plot plan, floor plans and elevations There were no comments from town boards John Sackton presented their request They plan to extend their kitchen be 4 ft and the resulting 2 ft roof overhang would be within the required side yard setback of 15 ft Marcia Butman also spoke regarding the plan There were no comments for or against ACTION• A motion(by Smith, seconded by Wells)to grant the Variance as requested passed unanimously 5 131 Shade Street Iclal S. Hartman Appeal of the decision of the Zoning Enforcement Officer that lot 100 and lot 101 at 131 Shade Street have been combined due to the lack of the required minimum frontage for each lot The Chair read the legal notice, and noted that the Board has received an application, nature and justification of the request, a topographic map, a plot plan, a copy of the letter from the Zoning Enforcement Officer rendering his decision, a letter from Thomas Fenn, attorney, detailing the argument for the request and a letter from Mrs. Hartman stating her position There were no comments from town boards Mr Fenn presented the arguments contained in his letter that the Hartmans had always believed that the lots were separate and kept the second lot as an investment, that they had paid taxes assessed on the basis of two buildable lots and that the Town had given no notice that the lots would be combined He urged the Board to make a decision based on fairness rather than case law and cited other situations in town which he felt were similar in which the Board had overturned the Zoning Enforcement Officer's decision.. Mr. Hakala presented the case for his decision based on recent case law in the land courts which have held that lots with insufficient frontage in common ownership are to be combined Mrs Hartmann stated that they had always intended that the lots be separate and that they relied on the assessments made by the Town Edgar Schadler, 125 Shade St , spoke against separating the lots and believed that the 50 ft frontage was inadequate Leigh Peletier, 137 Shade St, also spoke against separation ACTION A motion (by Smith, seconded by Sheehan) to reverse the ruling of the Zoning Enforcement Officer failed by a vote of 3 to 2 (Smith, Sheehan and Williams in favor, Uhng and Barnert against) 6 27 Sherburne John Demodica Vanance to allow construction of an addition within the front and side yard setbacks The Chair read the legal notice, and noted that the Board has received an application, nature and justification of the request, a topographic map, a plot plan, floor plans and elevations There were no comments from town boards William Ericson, architect,presented the plan to construct a garage as part of an addition There currently is no garage After exploring other possible locations, the proposed location is the most suitable The design utilizes a portion of the existing house for the new garage but would require a modification in the setback requirements, 11 ft. for the side yard setback and 28 ft for the front yard setback David Mael, 124 Kendall St , spoke in favor No one spoke against Action. A motion(by Smith, seconded by Barnert)to grant the requested modifications in the side yard and front yard setbacks passed by a vote of four to one (Williams opposed) 7 16 Forest Street Timothy Reny Variances to allow a reduced lot circle requirement and to allow an existing structure within a rear yard setback and/or a Special Permit under the provision of Historic Preservation Initiatives The Chair read the legal notice, and noted that the Board has received an application, nature and justification of the request, a topographic map, a plot plan, floor plans and elevations and a number of letters from abutters favoring the plan There were no comments from town boards Timothy Reny and Rick DeAnglelis, attorney, presented the plan for development of the property currently owned by the First Church of Christ Scientist The church building would be converted into a residence with an accessory apartment, the cement block addition would be demolished, the property would be separated into two lots and a one- family house would be constructed on lot 2 The reduced lot circle requirement for lot 2 is necessary in order to allow a lot boundary which will not impinge on the church building A demolition permit for removing the addition was presented The reduced rear yard setback for lot 1 allows for the construction of a porch and balcony on the rear of the church building There was discussion of parking and a possible garage which would be constructed without need for a variance Les Norford, chairman of the executive board of First Church of Christ Scientist, spoke in favor of the proposal on behalf of the church The Board decided that the reduced lot circle requirement for lot 2 should be the subject of a Special Permit under Section 135-18C since the proposal meets the conditions specified in Section 135-18D and the granting of such a Special Permit would not establish a precedent for other lots ACTION 1 A motion(by Barnert, seconded by Sheehan) to grant a Special Permit under Section 135-18C (Historic Preservation Incentives)to reduce the requirement for a minimum lot circle (Section 135-36B) from 100 ft to 80 ft for lot 2 in the plan submitted with the condition that the Special Permit not take effect until the concrete block addition has been demolished,passed unanimously 2 A motion(by Barnert, seconded by Sheehan)to grant a variance reducing the rear yard setback of lot 1 in the plan submitted to 7 5 ft with the condition that the addition of a porch and balcony be substantially as shown in the sketch submitted at the hearing, passed unanimously Other business. A motion(by Barnert, seconded by Smith)to allow the withdrawal without prejudice of an application for 1707 Massachusetts passed unanimously At the conclusion of the meeting, a motion(by Barnert, seconded by Smith)to go into executive session for the purpose of discussing legal actions involving the town and not to return to open session was passed by the following vote• Uhng—yes, Smith—yes, Barnert—yes, Sheehan—yes, Williams—yes.