MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS Meeting April 27, 2016 Members Present: James O Neill. Michael Sullivan (Chairman), Andrew Crocker, Gary Gilbert, and Members Not Present: James Diedrich. Mr. Michael Sullivan, the Chairman, called the Meeting of the Manchester-by-the-Sea Zoning Board of Appeals ( ZBA ) to Order at 7:05 p.m. Mr. Sullivan introduced the Board members to those in attendance. It is noted that the typed minutes represent the permanent record of the Board. The format of the hearing and ZBA procedures were explained to those in attendance by the Chairman. CONTINUED APPLICATION Application of Michael Zachareas for a Special Permit under Section 4.1.10 (f) and Section 7.5, and a Variance under Section 5.6 of the Zoning By-Law, and/or other relief as may be necessary, to install a 18 x 32 in-ground swimming pool and pool house, at 29 University Lane, Assessor s Map 5, Lot 54, District C, filed on February 29, 2016. Mr. Scott Henderson of Henderson Consulting Services, Mr. Brian Stein, the architect on this project, and Jason Merck of Triad Associates (patio installation) introduced themselves. Mr. Henderson explained that the new cabana location complies with all the accessory structure setbacks and no longer requires a Variance. Mr. Henderson continued to explain that the structural lot coverage requirement is 15%, and the proposed (including existing structures and the proposed cabana and pool) is 14.95% of the lot area. The Town s structural lot coverage limitation is 25%, and the proposed impervious lot coverage is 22.43% (including the existing and proposed structures, but not the pervious pavers and walkways reflected on the plans). The proposed pool patio will be constructed of a permeable paver, a type of paver that has a reservoir below that allows water to infiltrate between the gaps, which are filled with a coarse pea stone (just under ¼ ). If you were to consider the various pavers to be impervious, the existing lot coverage would be in excess of 25% maximum at 29.01%, and a Variance would be needed. Mr. Gilbert stated that there should be sizable gaps between the paving stones for rapid water runoff. Mr. Merck replied that the paver application that they are installing (Blue 60) is better for infiltration than grass or typical soils. Mr. Gilbert asked Mr. Henderson to itemize the items that add up to the 14.95%, and Mr. Henderson pointed to the existing dwelling, the proposed pool and cabana, the existing shed behind the proposed cabana, the guest house located in the east corner of the property, the decks attached to the existing dwelling (including the covered porches, and the existing shed in the very east corner of the property. Mr. Henderson explained and the plans reflected that all of the proposed accessory structures comply with applicable accessory setbacks. Mr. Henderson addressed the issue of screening that members
had raised concerns about at the previous meeting, and he explained that there is an existing hedge row along Overledge Road with evergreen trees 12-15 feet high, and these will be continued between the existing row of trees and the existing retaining wall, which will provide screening for the neighbors. Mr. Andy Everlee of Environmental Pools explained that there will be two low-voltage LED lights (dimmable on a hand-held remote) within the pool and one in the spa, and there will be some path lights along the walkway to the pool. There are existing flood lights at the two rear corners of the house (2), but no new flood lights will be installed..mr. Everlee explained that there is an existing aluminum fence that had sections removed, but theses will be replaced according to legal requirements. Mr. Sullivan closed the meeting for member discussion. Mr. Sullivan made a motion to grant the application of Michael Zachareas for a Special Permit under Section 4.1.10 (f) to install a 18 x 32 in-ground swimming pool and pool house, at 29 University Lane, Assessor s Map 5, Lot 54, District C, filed on February 29, 2016, based upon the finding that all the requirements of Section 4.1.10 (f) have been satisfied, provided that all the construction is consistent with the plans submitted in connection with the application: Sheet C1, and Sheets A1, A2, A3, A4, A5, and A6, and the Henderson Consulting Services Lot Coverage Comparison (revised 4/20/16). Further provided that there will be no additional lighting installed in connection with this project, other than the low, downward- pointing lighting to be installed in connection with the pathways, and there will be no further flood lighting in the back yard beyond the two existing flood lights located in the two rear corners of the property. Further provided that the fencing around the pool be reconstructed or continued as necessary to comply with all applicable municipal or state code requirements relating to surrounding any pool with appropriate fencing. Also provided that there is a continuation of the existing landscape screening on the Overledge Road side of the property that is consistent with the Site Development Plan (Sheet C1) and serves to continue the existing screening that exists on that end of the property. Mr. Gilbert seconded the motion. Mr. Sullivan, Mr. Crocker, Mr. Gilbert, and Mr. O Neill voted unanimously in favor of granting the application. Mr. Crocker will write the decision, and Mr. Sullivan will review it. Documents Produced: Site Drawing (in color, no title, no date) (1 page); C1: Site Development Plan (1 page), not dated; Lot Coverage Comparison (1 page), rev. 4/20/16; A1: Cabana Floor Plan (1 page); A2: Cabana Foundation Plan (1 page); A3: Cabana Pool Side Elevation (1 page); A4: Cabana Right Side Elevation (1 page); A5: Cabana Left Side Elevation (1 page); A6: Cabana Rear Elevation (1 page) [A1-A6 dated 4/19/16). NEW APPLICATIONS Application of Whitney M. Hammett for a Special Permit under Section 6.1.2 of the Zoning By-Law, and/or other relief as may be necessary, to rebuild existing single-story garage - 2 -
in same footprint, adding a second story, at 15 Pleasant Street, Assessor s Map 40, Lot 8, District D, filed on March 28, 2016. Mr. Sullivan stated that he had communications with Mr. Hammett, and had suggested that Mr. Hammett s proposed plans were not as comprehensive as the ZBA would typically require; in particular, the specificity behind the lot plan that had been submitted, the building plans being sketches instead of the full set of plans we typically see, and the exact location of the proposed garage. Mr. Hammett introduced himself and explained that he would like to remove the existing garage that is in poor condition and not insurable in its present state, and build an up-to-code two-story structure in the same footprint of the existing structure. The first floor of the structure will be used as a woodworking shop, and the second level will be a family room for the children that will include a bathroom. Mr. Hammett presently parks his vehicles in the street and will continue to do so. Mr. Brian McKey of 13 Pleasant Street introduced himself and explained that the proposed structure will be located in his immediate back yard and that the Hammetts access their property through a right-of-way that encroaches on Mr. McKey s property. Mr. McKey explained why he is not in favor of the proposed project, and the reasons included views to be obstructed (from his own property, which will in the future be improved and lived-in by his family) in this already crowded area by the height of the proposed garage. Mr. McKey also questioned whether the Hammett garage already encroaches upon his property. Mr. Sullivan closed the meeting for member discussion. Mr. Sullivan stated that the proposed project will be intensifying an existing non-conformity, and Mr. Crocker suggested that Mr. Hammett s presentation may not be strong enough to convince the board to vote in favor of it. Mr. Gilbert suggested that Mr. Hammett have his property surveyed and produce more detailed plans with dimensions. Mr. Crocker suggested that this application be continued to the May 25, 2016 ZBA meeting, and in the meantime, that Mr. Hammett and Mr. McKey communicate with each other about what plans might be acceptable to both of them. Mr. Sullivan also suggested that Mr. Hammett have his property surveyed, and return to the May 25 meeting with plans that include greater dimensional information, and he and Mr. Crocker noted that the By-Laws seem to impose a 1-1/2 story limit on the garage. Mr. Sullivan made a motion to continue the application of Whitney M. Hammett for a Special Permit under Section 6.1.2 of the Zoning By-Law, and/or other relief as may be necessary, to rebuild existing single-story garage in same footprint, adding a second story, at 15 Pleasant Street, Assessor s Map 40, Lot 8, District D, filed on March 28, 2016. Mr. Gilbert seconded the motion. Mr. Sullivan, Mr. Crocker, Mr. Gilbert, and Mr. O Neill voted unanimously in favor of continuing the application to the May 25, 2016 ZBA meeting. Documents Produced: Mortgage Inspection Plan, dated 4/1988 (2 pages); Town of Manchester-by-the-Sea Appraisal (2 pages); Front Elevation (1 page), Left Side Elevation (1-3 -
page), Right Side Elevation (1 page); Back Elevation (1 page); 1 st Floor Shop Space (1 page); 2 nd Floor (1 page); Material Log and Windows/Doors (1 page); Architectural Detailed Section (1 page); General Framing Section (2 pages), all prepared by Mark Richey Woodworking, Newburyport, MA, dated 12/7/2015. Application of John M. Bennett for a Special Permit under Section 6.1.2 and a Variance under Section 5.4 of the Zoning By-Law, and/or other relief as may be necessary, to go from 1 story to 2 stories within the same footprint, and increase the percentage of lot coverage by structures from existing 25% to 29%, at 6 Windemere Park Extension, Assessor s Map 57, Lot 13, District B, filed on March 28, 2016. Mr. Bennett introduced himself and Mary Merchant, who will be his partner in this project, to the board members and the audience and explained that the plans he has submitted are preliminary plans and were not created by contractors, and that his neighbors are in support of the project. The plan is to sell Ms. Merchant s property and invest in Mr. Bennett s property at 6 Windemere Park Extension, in order to make the necessary renovations, because the existing home requires a number of repairs. Mr. Bennett explained that the reason for increasing the footprint is to give more living space to the house. The square footage of the existing structure is approximately 1,600 sq. ft., and the proposed square footage is approximately 2,922 sq. ft., which includes the house, the garage, the proposed decks, and the proposed bump-out. Mr. Sullivan stated that the lot coverage is 25%, already 5% over the requirement in District B. Mr. Bennett stated that the proposed plan is to add just 330 sq. ft. to the structures, which will include the new decks. The board members discussed whether or not this application requires a Variance. Mr. Sullivan opined that a Special Permit would be required, while others felt that a Variance would be required. Mr. Sullivan suggested that Mr. Bennett could stay within the existing footprint, have a nice renovation, and not require so much zoning relief. Mr. Crocker expressed concern about the project, because every dimensional requirement in our By- Laws is either violated or within 2 of being non-compliant, which is almost the definition of being too big, and it is hard to make the argument that it will not be detrimental to the neighborhood when it is so close to many dimensional requirements. Mr. Sullivan stated that if a Variance is required, it will be difficult to get four (4) votes in favor, due to the strict Variance requirements, but that he will follow up with Town Counsel on this subject. Mr. Sullivan closed the meeting for member discussion. Mr. Sullivan suggested that the board members consensus is that the building will be too big for the lot. Mr. Gilbert expressed concern over lot coverage by structure resulting in over-building. Mr. Crocker suggested that by reducing the size of the project, and a project that doesn t require a Variance, Mr. Bennett could still put forward a nice project. Mr. Gilbert suggested reducing the size of the decks and the garage. Mr. Sullivan suggested that Mr. Bennett consider the ZBA members recommendations and return to the May 25, 2016 ZBA meeting with the revised set of plans. - 4 -
Mr. Gilbert made a motion to continue the application of John M. Bennett for a Special Permit under Section 6.1.2 and a Variance under Section 5.4 of the Zoning By-Law, and/or other relief as may be necessary, to go from 1 story to 2 stories within the same footprint, and increase the percentage of lot coverage by structures from existing 25% to 29%, at 6 Windemere Park Extension, Assessor s Map 57, Lot 13, District B, filed on March 28, 2016, to the May 25, 2016 ZBA meeting. Mr. Sullivan seconded the motion. Mr. Sullivan, Mr. Crocker, Mr. Gilbert, and Mr. O Neill voted unanimously in favor of continuing the application to the May 25, 2016 ZBA meeting. Documents Produced: Addendum to Application, dated 5/27/16 (2 pages); Plan 1, dated 3/28/16 (1 page); Plan 2, dated 3/28/16 (1 page); Plan 3 and Plan 4, dated 3/28/16 (1 page); and Preliminary Design (East, West, South, and North Elevations), dated 3/28/16 (1 page). ADMINISTRATIVE MATTERS Mr. Sullivan felt it would be best to defer voting on the revised ZBA application until the next meeting, when there will be more members present, and the other board members agreed. Mr. Sullivan made a motion to approve the January 27, 2016, February 10, 2016, February 24, 2016, and March 23, 2016 ZBA meeting minutes:. Mr. Crocker seconded the motion. Mr. Sullivan, Mr. Crocker, Mr. Gilbert, and Mr. O Neill voted unanimously in favor. Ms. Sue Brown, the Town Planner for Manchester-by-the-Sea, introduced herself as a representative of the Master Plan Committee. The purpose of the Master Plan Committee is to create a document reflecting the Town s future planning vision. The Committee is holding its own meetings and soliciting the views of other boards. Ms. Brown asked the ZBA members for their input. The ZBA members responded with their own planning-related suggestions including: Retail improvements and increasing competition to result in better quality. Creating more space and improved space for school sports. Creating a more diversified town (economic, racial, etc.). Increase in affordable housing. ZBA member Mr. Gilbert is on the Committee, and either he or Ms. Brown will keep the ZBA apprised of zoning-related discussions and developments at the Planning Committee level, so that ZBA members can provide input as necessary. - 5 -
Mr. Sullivan made a motion to adjourn the meeting. Mr. Crocker seconded the motion. Mr. Sullivan, Mr. Crocker, Mr. Gilbert voted in favor of adjourning the meeting at 10:11 p.m. Respectfully submitted, Adele Ardolino, Clerk Manchester-by-the-Sea Zoning Board of Appeals These Minutes were approved by the members of the Zoning Board of Appeals on May 25, 2016. N.B. These minutes are not verbatim. They are the administrative assistant s interpretation of what took place at the meeting. 1343605.1 09540-002 - 6 -