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Scituate Zoning Board of Appeals, June 19, 2008 Scituate Zoning Board of Appeals Meeting Minutes June 19, 2008
OTHERS: Neil Duggan, Building Commissioner/Zoning Enforcement Officer. The Board discussed the surety/bond for 90 Stockbridge Woods Brian Sullivan suggested that the secretary send a memo to DPW and Matt Lundstead for a recommendation for surety/bond. The Board discussed the request to modify the Comprehensive Permit issued to Whitcomb Pines, LLC on January 27, 2004, the parcel is located at 150 Mann Lot Road. Jack Livingston and Herb Keundig were both present. Herb Keundig wanted to modify the special permit due to the down turn in the housing market. They would like to eliminate the 800 square feet on the second floors so they could market them at a lower price. They would not be eliminating any affordable units. The roof-lines would be lowered by three and half feet. The number of bedrooms would remain the same. They would also like to permission to use either the A or B building style. Brian Sullivan- felt they did have that flexibility. Jack Livingston- they would not be bringing the buildings closer to Mann Lot Road or any setbacks. The affordable units may turn out to be the two-story units. He would like to ask for third consideration to have a two-year extension. Brian Sullivan volunteered to write the decision. Sullivan moved to grant the requested modifications of the comprehensive permit conditions and to extend the permit until February 2011, seconded by Morin, all in favor unanimous. First Application: Continued from May 15, 2008: Richard Walden of 28 Cherry Lane requests a M.G.L c. 40A Sec. 10 variance or a special Permit/finding under M.G.L c. 40A Sec. 6 to encroach into the front yard setback by constructing a roof over an existing open porch. Dwelling is a pre-existing non-conforming single-family dwelling at 37 Egypt Avenue. Applicant requested to withdraw without prejudice. Sullivan moved to allow the applicant to withdraw without prejudice, seconded by Morin Second Application: Mark Gajewski of 85 Kent Street requests M.G. L. c40A sec. 6 special permit/finding to raze and reconstruct pre-existing non-conforming single-family dwelling at 85 Kent Street. Julie Johnston and Mike Loring were both present. Mark Gajewski was present. Julie Johnston- the new footprint will be 2,600 feet. ConCom asked that the existing driveway not be reused and the applicant has agreed not to use it. They were seeking relief on the uplands requirement; currently they have 88 feet of uplands. They will be improving some of the existing non-conformities. Mike Loring volunteered to write the decision. Trezise moved to grant as proposed, seconded by Sullivan, all in favor, unanimous. Third Application: Sherrie Laveroni of 315 Chief Justice Cushing Highway requests a special permit/finding under Section 820 of the Zoning Bylaw to discontinue use of a pre-existing nonconforming single-family dwelling on lot and create an accessory dwelling within the main house at 315 Chief Justice Cushing Highway. Sherrie Laveroni was present. Ms. Laveroni showed photos to the Board. Albert Bangert- asked about the permit issued to rent out the garage. Neil Duggan- explained that they would like to discontinue one of the rentals in order to add an accessory dwelling to the main house. The lot currently has three pre-existing dwellings located on it. Peter Morin- felt the application was to make the lot more conforming to today standards. Neil Duggan- will do an inspection to see if the structure is being used for the right purpose. Albert Bangert volunteered to write the decision Fourth Application: Paul Sweeney of 47 Gannett Road requests a special permit under Section 610.2 B of the Zoning Bylaw to erect a single-family dwelling on a lot, which abuts a way from a distance of 50 feet at 47 Gannett Road. Paul Sweeney was present. Sara Trezise- Neil Murphy did not include the elevations on the site plan that was submitted. Paul Sweeney- he would like to sell off the lot because of financial constraints. John Brondel of 150 Hatherly Road- asked about the bylaw and if the DPW would review the drainage, gas, electricity and phone lines. Neil Duggan- the DPW will review the impact on the municipal services. He has never seen the DPW comment on the utilities going into private property. Paul Sweeney- he owns the adjacent property as well. John from 150 Hatherly Road- has lived at his property for 25 years and had to install drainage system. Neil Duggan suggested putting a condition that they would need to address the storm water drainage prior to receiving a building permit. The Board would like to see the elevations and suggested continuing the application. David Klein of Pondview Avenue- had concerns with drainage. He had experienced flooding from a neighboring property on Mushsquashicut Avenue. Patricia Bennet of 43 Gannett Road- asked about a right of way and wanted to know the impact it would have on the property. Paul Sweeney- explained that he owns the lot of land but people have an easement to pass over it. Mr. Sweeney agreed to continue the hearing and supply the elevations at the next hearing. Sullivan moved to continue the application until July 24, 2008 with the location to be announced, seconded by Morin, all in favor, unanimous. Fifth Application: Shannon and Edward Tobin of 21 Gannett Road requests a special permit/finding under M.G.L. c. 40A Section 6 to partially raze and re-construct a pre-existing nonconforming single-family dwelling at 21 Gannett Road. Attorney Michael Hayes represented the applicant Shannon and Ted Tobin were present. Mike Hayes- the Tobin’s bought their home in 1997, which was built in 1910. They would like to build a screened porch that would extend to the rear, which had a non-conforming setback. They would like to build out the back because it would architecturally look better and would keep them further from their neighbors on the sides. Mike Hayes- they would have an egress to southerly corner of the porch. Neil Duggan- felt it was not an intensification of the non-conformity. Keith Sportack of 25 Gannett Road- the Tobin’s abut his property on both sides. Their carriage house was on top of their carriage house. Would like the Tobin’s to build something that conforms to current zoning bylaws. Peter Morin- they were only talking about two feet. Jim Ready of 19 Gannett Road- would like to know what is considered the front and back. Neil Duggan- said the Town has street setbacks not front setback. Sara Trezise- would like to know what their objection to the porch was. Keith Sportack- asked if they have a lot that can be made conforming then why do they choice to continue the non-conformity. Tom Mone of 17 Gannett Road- had the same concerns with the Tobin’s intensifying the non-conformity. Mr. Hayes went over the criteria of the bylaw and also the Powers Test. Morin moved that the Board finds a minor intensification but that the proposed is not substantially more detrimental to the neighborhood and the special permit it granted with the condition that they could not add a second floor to the screened porch, seconded by Trezise, all in favor, unanimous. Mr. Hayes congratulated Mr. Bangert on his promotion to Director of Public Works and thanked him for his service on the Zoning Board of Appeals. Sullivan moved to approve the minutes from January 31, 2008, March 6, 2008, March 20, 2008, April 17, 2008 and May 15, 2008, seconded Trezise, all in favor, unanimous. The Board discussed the proposed Rules and Regulations as proposed by Mr. Bangert. Sullivan moved to accept the Rules and Regulations as amended, seconded by Trezise, all in favor, unanimous. Meeting adjourned at 10:00 P.M.
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