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News/Events - Meeting Minutes
Scituate Zoning Board of Appeals, December 21, 2006
Scituate Zoning Board of Appeals
December 21, 2006
OTHERS: Neil Duggan, Building Commissioner/Zoning Enforcement Officer.
MEETING CALLED TO ORDER:
Meeting was called to order at 6:30 PM.
First Application: Continued from November 16, 2006: Dennis J. Leary of 83 Old Cow Pasture Lane, Kinnelon, NJ 07405 requests special permit/finding under M.G.L. c.40A Section 6 to increase and intensify existing side yard nonconformity by adding roof to existing open porch at 4 Lighthouse Road.
Maureen Hurley was the Attorney representing the applicant.
Dennis Leary was present.
Maureen Hurley- explained that her client was requesting to build a roof over an existing deck and he also wanted to build an addition onto a porch. She addressed the fact that Mr. Leary’s house and the next-door neighbors were both very close to their lot lines (see photos in file). She said her client had started construction but Neil Duggan had stopped work and informed him he needed to go in front of the Board for a special permit. She clarified that her client was requesting a special permit and not a variance. The existing house was built in 1908 and she said there was a building permit (see file) stating there was a porch pre-existing, which her client would like to restore. She mentioned her client had a skin condition and was seeking shade from the sun.
John Danehey- felt there might have been some wrap around decks at one point but he had difficulty with the request because the abutting properties were so close. He noted that if the roof on the deck was allowed it would bring the dwellings footprint 3.1 feet to the southerly setback. He mentioned that the Hannigan home next-door was 2.5 feet from Mr. Leary’s house. His main issues were with fire and safety. Mr. Danehey asked if he was willing build out the front.
M. Hurley- asked if they would allow a deck.
J. Danehey- said they could add decks anywhere by right.
Brian Sullivan- said he would prefer a roofed porch so emergency personnel could access the property.
Albert Bangert- said he was okay with the front deck but did not want a framed roof over the deck on the ocean side.
John Danehey- wanted to know if Mr. Leary’s house had been damaged by the Blizzard of 1978.
Dan Hannigan of 6 Lighthouse Road- said his aunt owned the house next door and stated that Mr. Leary’s house tipped over and was supported by only the chimney during the blizzard.
Agnes Rona- suggested putting an awning over the deck instead of a roof.
Dennis Leary- said he had concerns with debris hitting his home during storms and he was seeking to protect the easterly side of home. He talked about neighbors deck blocking the passageway.
M. Hurley- talked about the open land after the gate and felt there was no further encroachment. She requested that the Board impose a condition that would only a screened porch.
J. Danehey- felt the rear was just too close and would not agree to any conditions but would allow the applicant to cover the front deck.
D. Leary- stated the roof would only be about 5 feet from the neighbor’s house.
B. Sullivan- corrected him and said it would be 2.5 ft from the property line.
M. Hurley- asked if the board felt the addition would be more substantially detrimental to the neighborhood.
A. Bangert- stated it would be because it would be an encroachment.
B. Sullivan- asked Mr. Bangert if he would permit the covering of the porch in the front (Mr. Bangert answered yes) He asked if Mr. Leary felt this was an acceptable compromise.
D. Leary- said he would accept the compromise.
Dan Hannigan- had concerns with the house being too close and emergency personnel being able to access.
J. Danehey- said he would allow the enclosure of the front area with a condition that it could only be a roof and not a second story.
Danehey moved to allow the applicants request to put a roof over the porch on the a northerly side but the applicant could not enclose it and the line could not encroach or further intensify the pre-existing non conforming side fronting Lighthouse Road, seconded by Sullivan, all in favor, unanimous.
Second Application: Raymond and Elizabeth Forbes of 18 Gilson Road requests M.G.L. c.40a, Sec 6 special permit/finding to raze and reconstruct pre-existing non-conforming single-family dwelling.
Bruce Waite from Waite Land Use represented the applicant.
J. Danehey- clarified that the house was built in 1954 and the nonconformity was the width of only 118 feet. He asked if the applicant would be setting it back.
B. Waite- said they would be going from 118 ft to 102.4 feet. He submitted a plot plan to the file (see file). He stated they had a hearing with Con Com on 1/10/06.
B. Sullivan- felt it was a non-issue
Raymond Zucker of 25 Gilson Road- spoke in favor of the applicant.
The Board felt the applicant met the Powers Tests.
Rona moved to grant the special permit and that the proposed would not be more substantial detrimental to the neighborhood, seconded by Bangert, all in favor, unanimous.
Third Application: Raymond and Nicole Zucker of 25 Gilson Road requests M.G.L. c.40a, Sec 6 special permit/finding to raze and reconstruct pre-existing non-conforming single-family dwelling.
Raymond Zucker was present.
J. Danehey recused himself due to the fact Mr. Zucker was doing business with his law firm.
Agnes Rona stepped in as Chairperson.
Raymond Zucker- said he was proposing to tear down the existing house and build a new one. He said he would be the General Contractor for the project. His non-conformities were that he only had 75 feet frontage and a setback of 7.6 feet. He stated the new dwelling would conform except for the frontage.
Sandra O’Conner of 21 Gilson Road- had concerns with her views.
Raymond Zucker- explained the height would be 37 feet with the average eve being 29.11 inches.
Brian Sullivan- felt the proposed would be an improvement to the neighborhood.
The Board felt the applicant met the Powers Tests
Bangert moved to grant the special permit and that proposed would not be more substantially detrimental to the neighborhood, seconded by Trezise, all in favor, unanimous.
Fourth Application: Thomas B. Larson of 24 Bay Ridge Road requests M.G.L. c40A Sec6 special permit/finding to encroach 12.5 feet into rear yard setback with a sunroom.
John Danehey read a letter submitted to the file in favor of the application (see file).
Thomas and Deb Larson were both present.
J. Danehey- felt there property might not have a non-conformity.
Mike the applicant’s contractor from Owens Corning was present.
Thomas Larson- explained that the room they wanted to build on had an existing foundation and showed the Board pictures (see file). He explained that they have steep steps that were very dangerous and they were looking to rectify the situation when they added the sunroom.
Neil Duggan- said if he had saw the pictures when the applicants first applied for the special permit he might have made a determination that he could issue a building permit.
B. Sullivan- requested evidence of the average setbacks of the neighborhood.
Danehey moved to allow the applicants to continue until January 18, 2006, seconded by Rona, all in favor, unanimous.
Agnes Rona accepted the minutes from May 24, 2006.
Danehey moved to except the minutes from November 29, 2006, seconded by Bangert, all in favor, unanimous.
One and Two-Family Dwelling- $300.00
Multi-Residential- $100.00 for each residential unit.
Commercial - $300.00 first 3,000 square feet of commercial space.
Danehey moved to close the hearing at 8:15 P.M., seconded by Bangert, all in favor, unanimous.
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