PRESENT:
John Danehey, Chairman, Agnes Rona, Albert Bangert, Brian Sullivan and Sara Trezise.

OTHERS: Neil Duggan, Building Commissioner/Zoning Enforcement Officer.

MEETING CALLED TO ORDER:

Meeting was called to order at 7:05 PM.

John Danehey thanked Edward Tibbetts and Richard Dennis for their years of service on the Zoning Board of Appeals. Mr. Danehey introduced the two new alternate members Brian Sullivan and Sarah Trezise.

First Application: Continued from May 24, 2006: Steven Northern of 20 Collier Avenue, Scituate requests M.G.L c. 40A special permit finding or whatever other relief is available to raze and reconstruct pre-existing non-conforming one-story garage and enlarging footprint at 22 Collier Avenue.

John Danehey read letter from the applicant requesting to withdraw without prejudice.

Rona moved to allow the applicant to withdraw without prejudice, seconded by Bangert, all in favor, unanimous.

Second Application: Continued from June 19, 2006: Ron Standley of PO Box 674, Humarock, MA 02047 requests M.G.L. ch. 40A sec. 6 special permit/finding to extend pre-existing nonconforming single family dwelling along northwest lot line and add a second floor at 311Central Avenue.

Ron Standley was present.

Mr. Standley explained he hired Neil Murphy to draw up a site plan of his land but did not receive it until 4pm that afternoon. He showed the plan to the Board (see file).

Brian Sullivan- wanted to know why he was not asking for a variance, he also wanted to know what the average setbacks in his neighborhood were. He felt Mr. Standley did not supply the stamped site plan requested by the Board at the previous meeting.

R. Standley- was confused by the Boards request. He did not realize they were looking for the average setback. He asked to withdraw the request for the porch nearest to Central Avenue

The Board agreed to Mr. Standley’s request.

The Board felt the application met the Powers Test.

John Danehey explained that the Board would do a Rule of Necessity vote because Edward Tibbetts and Richard Dennis both voting members were no longer serving on the Board.

Bangert moved to allow the applicant to extend the line on the northern side of the existing structure. The applicant withdrew the request for the front porch. The Board found that the proposed application would not be substantially more detrimental to the neighborhood, seconded by Agnes, all in favor, unanimous.

Third Application: Continued from June 19, 2006: Robert Mahoney of 5 Foam Road, Scituate request M.G.L. c. 40A special permit/finding to extend pre-existing nonconforming single family dwelling by constructing an addition 25.2 feet from the street.

Paul Mirabito represented the applicant.

Applicant was present.

John Danehey- explained the Board would do a Rule of Necessity vote because Edward Tibbetts and Richard Dennis both voting member were no longer serving on the Board.

J. Danehey- asked the applicant if the lot ever merged with the one next to it. He also wanted to know if he would be bumping out to 25.2 feet.

Paul Mirabito- said he never saw any evidence of the lots merging. He explained they would be bumping out to 37.3 feet. He explained he took the average setbacks from the homes on the same side of the street, which were 27.9 on the south side and 22.2 on the north side (see file).

Sara Trezise- wanted to know the average setback within 200 feet on the same side of the street.

Paul Mirabito- felt the argument should be that the proposed would not be more detrimental to the neighborhood. He said they were seeking relief under section 800 of the bylaw.

J. Danehey- felt because they did not encroach on the setback when the house was built in the 80’s they lost the right under an isolated lot to build into the setback.
N. Duggan- felt the house was not pre-existing.

J. Danehey- agreed with the pre-existing argument but felt it was a non-conforming structure that was not pre-existing.

B. Sullivan- felt it was a conforming structure with a non-conforming lot and the structure could not be altered. He thought the applicant should be requesting a variance.

Paul Mirabito- requested to withdraw without prejudice.

Bangert moved to allow the applicant to withdraw without prejudice, seconded by Rona, all in favor, unanimous.

Fourth Application: Estate of Louis Amato C/O Brian Sullivan, 7 MacDonald Terrace, Scituate requests a special permit/finding under M.G.L. Ch. 40A section 6, to raze and reconstruct a pre-existing, non-conforming dwelling at 19 Beaver Dam Road.

Brian Sullivan recused himself due to professional ties with the applicant.

Mike Hayes was the attorney representing the applicant.

Joseph P. Ippolito, nephew of the Louis Amato was present.

Mike Hayes submitted a plot plan of the land to the Board (see file).

M. Hayes- submitted documentation regarding the history of the lot (see file). He felt that the current nonconforming dwelling located to the rear of the property existed prior to the adoption of the subdivision control in Scituate in July of 1953. He explained the lot did not have the required frontage and the structure did not comply with the side and rear setbacks. He talked about archived building permits from the 1970’s and 1980’s. He explained there was a gas explosion at the residence on January 23 1982, which completely destroyed the dwelling. During construction of the damaged home Mr. Amato resided at the dwelling to the rear of the property. He made 12 appearances in front of the Board to keep the special permit. In 1992 the Board extended his permit indefinitely. Mr. Hayes said his client was proposing to reconstruct a single-family dwelling, within the envelope of the pre-existing dwelling. Mr. Hayes explained that the driveway, which services both 19 and 17-B had been in existence since the 1940’s. He was asking the Board to view the common driveway as pre-existing and allow access to service the new dwelling under 1030.2 requirements and the Powers test.

J. Danehey- asked about dwelling that was currently on the lot.

M. Hayes- he said there was a permit issued in 1977 to repair the structure. He said he was present the night Wally Arcan extended the special permit indefinitely.

J. Danehey- felt the lot was non-conforming. He wanted to know the scale and the size of the dwelling that was being proposed.

Mr. Amato- gave a description of his uncle’s house. He explained that when his uncle’s house exploded his uncle resided at the dwelling in rear during construction. He had to have a contractor finish quickly so he could have a place to live.

N. Duggan- felt that the previous building inspector would not have issued a permit to build two dwellings on one lot.

Mr. Amato- recalled his uncle wanted to have a new home with a guesthouse in the back for his visitors.

J. Danehey- felt they were getting into an abandonment issue. He requested to see the decision from the Board extending the permit indefinitely. He also expressed that he would like to see more research done.

Edward Vitiello of 25 Beaver Dam Road- said he did not want to see a big home built at the property. He also wanted to know if they were unable to get a septic would they be seeking a hook up to town sewer.

J. Danehey- explained that these issues were not for the Zoning Board but rather the Board of Health and Board of Selectman.

Henry Lynch of 15 Beaver Dam Road- Complimented the Estate for keeping the yard in good shape. He requested that a future dwelling stay within the setbacks of current zoning.

James Bournazos of 18 Harbor Heights Road- said he was a friend of Louis Amato and helped his friend in the later years with his accounting and bookkeeping. He confirmed that Mr. Amato had renewed the special permit every two years. Confirmed that there was a guesthouse years back behind the existing dwelling

Mike Hayes requested to continue the application until August 17, 2006 to conduct more research.

Bangert moved to allow the applicant to continue until August 17, 2006, seconded by Rona, all in favor, unanimous.

Fifth Application: Estate of Louis Amato of C/O Brian Sullivan, 7 MacDonald Terrace, Scituate requests a special permit/finding under M.G.L. Ch. 40A section 6, to raze and reconstruct a pre-existing, non-conforming dwelling at 17B Beaver Dam Road.

Brian Sullivan recused himself due to professional ties with the applicant.

Mike Hayes represented applicant.
M. Hayes- explained that the lot was non-conforming due to frontage. He claimed there were no plans for a house yet, but the applicant was seeking a reconstruction of a dwelling within the previous structure.

Mr. Amato- said there was a pre-existing foundation in the middle of the lot.

N. Duggan- felt the Board should ask for a scale of the building that they were proposing to build. He talked about case law involving Martha’s Vineyard.

The Board requested a scale of what the applicant was proposing to build.

M. Hayes requested to extend until the August 17, 2006 hearing.

Debra Jackson of 15 Beaver Dam Road- stated she had seen people on the property and heard them talking about views and how high they would need to go in order to get views.

John Duddy of 32 Harbor Heights Road- had concerns with the height of the proposed building and flooding on the property.

Edward Vitiello of 25 Beaver Dam Road- requested that the setback be at least 20 feet from his stonewall. He also had concerns with water and drainage.

Rona moved to allow the applicant to extend until August 17, 2006, seconded by Bangert, all in favor, unanimous.

Sixth Application: Lund and Barbara Jensen of 11 Elm Park, Scituate requests a special permit under section 610.2 B of the Zoning Bylaw to create one 50’ frontage lot on a parcel (lot 2) containing three times the land requirement for a conforming lot.

Doug Aaberg represented the applicant.

Lund and Barbara Jensen were both present.

Doug Aaberg submitted a new site plan (see file). He explained that the Board had previously been given a plan that had three lots on it and the new site plan consisted of only two lots.

Lund Jensen- explained that a friend approached him about buying some of his land. He was seeking to create a lot for his friend to purchase and also one for his son to build on.

J. Danehey- asked if lot two had wetlands.

D. Aaberg- explained the wetlands barely touched the lot.

J. Danehey- wanted a note on the site plan that the parcel could not be further divided. He also read a memo from the DPW (see file memo dated July 11, 2006).

A. Bangert- asked if they should honor the request in the DPW letter (see file).

Doug Aaberg- felt that the requested information from the DPW should be added as an addendum to the bylaw.

B. Sullivan- felt they were setting a higher standard for 50’ frontage lots than for other lots.

Kay Shaw of 31 Cedar Hill Lane- talked about water problems in the neighborhood.

N. Duggan- said he visited the site personally and did not anticipate any drainage problems. He said he heard from the DPW they were going to install storm drainage to the area. He asked Ms. Shaw if Elm Park flooded.

K. Shaw- explained that the park floods but not the street.

Barbara Jensen of 11 Elm Park Drive- spoke in favor of the application.

Sullivan moved to grant the application, seconded by Bangert, all in favor, unanimous.
Danehey moved to except the minutes from April 20, 2006, seconded by Rona, all in favor, unanimous.

Discussion ensued regarding drainage and request from the DPW for 50’ frontage lots (see DPW memo dated 7/11/06 in the 11 Elm Park file). The Board discussed whether to ask for more detailed information from applicants on their submitted plot plans.

Danehey talked about letter received from Laura Harbottle the Town Planner. The letter explained the procedure to follow when a voting member misses one meeting. Mr. Danehey also explained he met with Jim Pollard, Mark Fenton and Laura Hartbolle regarding utilizing the new bylaws. He talked about the Design Review Committee and having access to the Board’s reviews and comments for larger projects in front of the Zoning Board of Appeals.

Danehey moved to adjourn hearing at 9:46 P.M., seconded by Bangert, all in favor, unanimous.

Respectfully Submitted,

Nicole Harris
Secretary, Zoning Board of Appeals