PRESENT: Brian Sullivan, Sara Trezise, Peter Morin and Edward Tibbetts.

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

Brian Sullivan opened the meeting.

Re-organization: Sullivan moved to appoint Peter Morin as the new chairman, seconded by Tibbetts, all in favor, unanimous.

First Application: Patricia and Gregory Geaman of 7 Ridings Way, Chadds Foro, PA requests M.G.L. c40A, Sec. 6 special permit/finding to raze and reconstruct pre-existing non-conforming single-family dwelling at 86-87 Lighthouse Road.

Herb Keundig from Keundig Design represented the applicant.

H. Keundig- current side setbacks are 5.7 feet off side; other side is 15.8 feet, which was where the non-conformity plays in. Proposing to build a new house and the new dwelling would be pushed further. The existing house was built in 1890, but there was no historical significance to it. The proposed house would 2,984 square feet.

Peter Morin- asked what the footprint of the new building would be.

H. Keundig- 1,400 square feet.

Sara Trezise- had concerns with it being way out scale for the area.

Brian Sullivan- felt it fit within the neighborhood because the other houses were as big.

Peter Morin- asked what the difference in the footprint size was.

H. Keundig- they are doubling the square footage.

Edward Tibbetts- asked about the garage.

H. Keundig- felt they had the right to build the garage.

Neil Duggin- the bylaw state they can build on a lot adjacent to the property. The Zoning Board years ago a lot could continue across a street.

H. Keundig- the original garage burned down in 2002

Neil Duggan- they could build the garage as a matter of right but he had not approved any plan as of yet. The house was the only thing in front of the Board the garage was not advertised.

Robert Bradford of 84 Lighthouse Road- spoke against the application. He felt they would be living in a shadow.

Brian Sullivan- the proposed would come about 7-feet closer to his house.

Peter Morin- asked what year was his home built.

Robert Bradford- it was listed as1891.

Elizabeth McGaren of 82 Lighthouse Road- had concerns that the garage would be turned into an apartment.

Brian Sullivan- over the years many of the houses on the point have been enlarged. He was in favor of the application.

Sara Trezise- had concerns with the size of the house, but liked the rooflines.

Edward Tibbetts- would like to see some of the non-conformities reduced.

Peter Morin- he was concern with the houses taking up more lot coverage and diminishing views of the ocean. Folks whose homes have not been expanded and their quality of life being affected by theses larger homes troubled him. Mr. Morin asked about the contingency in the Purchase and Sale, which was contingent upon a 2,500 square foot home. He wanted to know if the applicant would be willing to agree to down size the proposed dwelling to the 2,500 square feet.

H. Kuendig- His clients were not present and he could not answer for them.

Edward Tibbetts- felt it could be downsized to 2,500 feet and still kept as a three bedroom.

Peter Morin- he did not want to grant relief only to have them come back because of the Conservation and Planning Departments.

H. Kuendig- he was told by Conservation they would need to go to the Zoning Board first.

Edward Tibbetts- felt this might not be a bulletproof decision against an appeal. He recommended Mr. Kuendig reconsider with his client.

Peter Morin- suggested he take the month to talk with this client about reducing the size and get feedback from the other Boards.

Mr. Kuendig agreed

Brian Sullivan moved to continue the application until August 21, 2008, seconded by Morin, all in favor, unanimous.

Second Application: Continued from June 19, 2007: 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.

Neil Murphy was the engineer representing the applicant.

Paul Sweeney was present.

Edward Tibbetts recused himself and left the room.

Neil Murphy- apologized for not attending the last hearing. He addressed the drainage and wetlands issues and submitted a report to the Board (see file). The lot contains 4,600 square feet. His client was looking for lot two to have the 50-feet of frontage. Mr. Murphy submitted files to the Board to review (see file).

Sara Trezise- was not happy with the photocopies.

N. Murphy- offered to bring a new form for her.

Peter Morin- asked to move along with the meeting.

Paul Sweeney- walked the property and there was no evidence of wetlands. He said the property did not have puddles. He stated that there was a drain on the property, but the neighbor had blocked it up.

P. Morin- asked about the catch basin.

N. Murphy – its runs from the property to the street. They opened the catch basin and it was capped.

S. Trezise- drove by and did not see any standing water.

John Blondell 550 of Hatherly Road- talked about drains on his property and requested to show the board the drawings of the drains. He stated that a drain from the Sweeney property was hooked into his property. He talked about the catch basin overflowing his property within the last heavy rain, which backed onto the Sweeney property. He stated he capped several drains to prevent his property from flooding. He told the DPW that there may be a blockage in the pipes, but he has not heard back from them.

N. Murphy- his family owned and lived in the area for years and he had not seen any problems with this property over the years.

Peter Morin- asked what his opinion on the flooding of the neighbors lot and what he would do to protect them.

N. Murphy- would suggest some retention basins. Felt if the drainage system on the road was better it would help the problem.

Mrs. Bondel of 550 Hatherly Road- stated that they have always had problems with drainage and water.

Peg Duran of 540 Hatherly Road- asked if the lot would be built up before the house was built. She spoke about her drainage problems.

N. Murphy- the septic system would be raised, but the ground level would not change.

David Klein of 9 Pondview Extension- asked about the hundred-year floodplain.

Peter Kerner of 10 Pond View Avenue- was concerned with a right of way that goes off of Gannett Road. He could not find any documents that a sale of this was ever done. He also had concerns with drainage as well. He has standing water at times.

Diane Pain of 5 Pond View Avenue Extension- had concerns with water and the right of way.

N. Murphy- the easement passes through both lots and the easement was referred to in Mr. Sweeney’s deed, but others have rights to it.

Mr. Sweeney- the people who have use of the easement can make it passable.

E. Tibbetts- it’s an easement on his property, but others have a right to use the easement.

Mr. Klein- asked if it was a town owned right of way.

P. Morin- this was not a consideration for the Board because it was a title issue.

Mrs. Blondell of 550 Hatherly Road- wanted a guarantee from the town that her property would not flood.

Mr. Sweeney- the water problem was not being taken lightly and he felt that building a house would not make it worse and there were things that could be done to help the current drainage issues.

E. Tibbetts- stated that the lot owner who develops the property would be responsible for the drainage. He suggested adding a condition about drainage in the decision. He would also like to see language within the decision that the lot could not be further divided.

S. Trezise- would like to address the DPW memo.

N. Duggan- his experience has been that septics cause flooding and unfortunately septics are exempt.

S. Sullivan- the neighbors concerns with drainage were important and at a minimum the storm drain should be addressed. He would approve the application subject to some conditions.

P. Morin- the board should grant the relief requested, but would like to add conditions.

N. Duggan- recommended that a pre and post engineering study be performed and then design the system that does not allow more drainage to go onto neighboring properties.

N. Murphy- explained how catch basins work.

Peter Morin agreed to write the decision.

Sullivan moved to grant the application with the a note to be included on the plan, and subject to the proposed development of the parcel meeting zero impact of surface water runoff, prior to the issuance of a building permit. The applicant would supply a surface water drainage report from a licensed engineering, seconded by Trezise, all in favor, unanimous.

Third Application: Ronan Residential, Inc. of 57 Garrison Drive requests M.G.L c. 40A section 6 special permit/finding to raze and reconstruct pre-existing non-conforming single-family dwelling a 6 Town Way.

Steven Guard represented the applicant.

Liam Vickers was present.

Steven Guard- The proposed dwelling would meet all setback requirements. The current dwelling was 50-feet off the street. The lot did not comply with lot frontage and width. The lot was created around 1900. The new house would be 2,400 square feet and would meet the height restriction and have an attached two-car garage. Attorney Guard submitted color photos of the site. They have spoke with the abutters and have not received any negative feedback.
E. Tibbetts- spoke in favor of the application.

P. Morin- asked about the houses in the neighborhood.

Steve Guard- currently there is several homes being improved in the neighborhood.

Sara Trezise- asked for a floor plan of the third story

Liam Vickers- it would not be a finished attic.

Vicki Burke of 44 Gilson Road- had concerns with topography and felt the house was moving closer to the marsh and to Town Way.

Steven Guard- the proposed dwelling would be 8-feet closer, but they would still meet the setback. The elevations would not change. They plan to file with the Conservation Department.

Liam Vickers- the impact was only about a foot or foot and half.

Steven Guard- explained that there was only going to be 6-inches of grade sloped to the house.

Vicki Burke- had concerns with the increase in bulk with the property and with the height.

Loraine Covell of 45 Gilson- liked the design but had concerns with the contour and water flow. She did not want water to collect in her yard.

Steven Guard- the contour was 8-feet, but the grade was at 11 in the back.

Loraine Covell – she would like to the see the southwest corner flow towards Town Way.

Liam Vickers- everything was swilled to the catch basin in the front.

E. Tibbetts- felt that would help the drainage from collecting on her property.

Liam Vickers- felt the design might help the situation.

Thomas Nash of 8 Town Way- asked about fill.

Liam Vickers- there would be no fill. They would be removing fill from the site.

Brian Sullivan- liked the plan.

Sara Trezise- also liked the plan

Peter Morin- there was nonconformity, but it was not because of the size of the dwelling. When there is no undersized lot involved the Board cannot take in to account the size of the dwelling.

E. Tibbetts- this applicant would not be in front of the board had there been more frontage.

Steve Guard agreed to write the decision

Sullivan moved to grant the relief as proposed, seconded by Trezise, all in favor, unanimous.

The hearing adjourned at 9:10 P.M.

Respectfully Submitted,

Nicole Harris