ZB02-09-12

Source page 1

Minutes of the Meeting of February 9, 2012 
 
PRESENT: Paul B. Carroll, Chairman 
Gregory L. Pando 
 John S. Marini 
 
ALSO 
PRESENT: Velma J. Coffey – Admin. Asst/Recording Secretary 
 
Mr. Carroll opened the meeting at 7:00 pm in the Salah Meeting Room, Memorial Hall. 
 A brief discussion was heard on Board of Selectmen using Skype as a tool at a recent meeting. 
Mr. Delvecchio was out of town and attended the meeting via Skype. Does this present a new 
precedent, available to all Boards? 
 
A brief discussion was heard on the recent letter to this Board requesting to meet with the 
Conservation Commission regarding article for Town Meeting regarding Zoning By-Law 8.6 
Flexible Development. Mr. Pando said we should not be involved in legislation. This has no 
substantive value to the Zoning Board of Appeals. Chairman Carroll instructed Ms. Coffey to 
write a letter to the Conservation Commission that this article is not within the jurisdiction of the 
Board, the sponsor of this article is the Planning Board. 
 
SCHEDULED HEARINGS 
 
Ralph Valente – 135 Culloden Dr – 07-12-SP-V 
Petitioner needs side yard relief due to placement of an accessory structure (gazebo) (ref 4.1.4 
dimensional req.) Appearing before the Board was the owner and petitioner, Ralph Valente. 
They installed a pool in the SW corner due to the topography of the land. The gazebo is currently 
on the deck and it blocks the view of the pool from the deck and the kitchen. For safety reasons, 
they would like to move it. Chairman Carroll state that 15ft from the side yard is required, but 
the petitioner would be 6ft from the side yard. It is a nice gazebo. Mr. Valente said he has 
spoken to his neighbors. Chairman Carroll said he saw the list, and seems like all of them have 
signed it. They are the ones who are impacted by this. It is an appropriate request. Mr. Pando 
asked why it is not 15ft from the side yard line. Mr. Valente said: aesthetics and a practical 
standpoint it is due to the layout. Mr. Marini asked if this structure was enclosed. (YES) Mr. 
Pando explained that you must be 100 ft back to be 3ft. off the line (accessory structure), you are 
only going back 57 ft so you need the 15ft side yard. At this point, he discusses the drawing 
submitted. This is a Toomey Munson drawing, but whoever drew this must certify it is the 
correct dimension. We can around this by requiring you to submit a certified plot plan to the 
Building Dept. before a permit will be issued. Mr. Valente stated that a surveyor put in the 
stakes. Mr. Pando said this is fo r your protection. It will tie up sales, a mor tgage, without the 
proper survey. Draw a new plan and submit to this Board. The building dept. wants a surveyed 
plot plan for the pool. Due to the unusual pie shap e of the lot and sloping grade of land, a Motion 
was made by Mr. Pando to grant a Variance for 9ft of relief on the side yard so petitioner can 
erect a 14 x 14 octagonal gazebo, so built 6ft from the side yard (left side yard of the property) on 
common side between lot 31 and 32. Petitioner to provi de a certified plot plan showing 
placement of gazebo 6ft from side yard and 57ft from front of the street. The motion was