SHARON BOARD OF APPEALS MINUTES OF OCTOBER 13, 2010

A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, October 13, 2010 at 8:00 p.m. in the Lower Level of the Sharon Town Office Building.  The following members were present:  John Lee, Chairman; Kevin McCarville, Secretary; Lee Wernick, Seth Ruskin, Walter Newman, and Larry Okstein.

Mr. Lee opened the meeting at 8:00 p.m.

8:01 p.m.         Lisa and Daniel Azrin, 9 Magnolia Road, Case No. 1661:  Mr. McCarville read the public hearing notice.  Mr. Azrin stated they have only lived at this address for a few months. They bought this house with a large unfinished room above the garage and were led to believe they could finish off the room without a problem.  It was permitted in 1985 to do this room, but it was never finished; however, both the real estate broker and the owner said there would be no problem to finish this room.  They just want to finish it off because they have young kids.  The house was relatively expensive and they would like to use all the living space.  Their plan is to make this into a master suite.  There is presently egress down stairs, smoke alarms, etc.

Ms. Azrin stated they are not adding another bedroom, but just changing rooms around.  The original bedroom will be a sitting room.   Mr. Wernick asked if they will be putting a bathroom in this room.  Lisa Azrin stated no. Daniel Azrin stated there is an existing bathroom in the area.  Mr. Lee stated the master sitting room use to be the master bedroom.  Ms. Azrin submitted pictures to the board.  Mr. Lee stated the plan before the board is an old plot plan, but they are not changing the footprint.  Ms. Azrin stated there is not a lot to do to the room, mainly sheetrock.  Mr. Newman asked what the zoning is and Mr. Lee stated R-2. 

Mr. Lee read correspondence from Greg Meister, Conservation Agent, dated October 13, 2010 and Jim Andrews, Health Agent, dated October 12, 2010.

There were no public comments or abutters present.

Mr. Lee closed the hearing at the request of the Azrins. Mr. Lee stated the members voting will be Mr. Wernick, Mr. Lee and Mr. McCarville.

Mr. Wernick moved to approve the completion of the master bedroom at 9 Magnolia Road with the board’s standard conditions and the following special conditions:  1) the house is presently a four-bedroom home and will remain a four-bedroom; 2) no door will be installed in the area designated as the master sitting room; 3) there will be no additional bathrooms added.  Motion seconded by Mr. McCarville and voted 3-0-0.

8:17 p.m.         Holly Lite, 660 S. Main Street, Case No. 1660:  Mr. Lee read the public hearing notice.  He also read a letter dated October 13, 2010 from Greg Meister, Conservation Agent and a letter dated October 12, 2010 from Jim Andrews, Health Agent.

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Mr. Lite submitted a plot plan.  He stated they are seeking to add a 28’x28’ garage with a second story to be used for storage and a set of outside stairs.  The purpose of the first floor will be for restoring cars.  He has two cars right now; one is stored off site and he would like to bring it him so he can start restoring it.

Mr. Lee questioned the second floor and what will be there.  Mr. Lite said nothing will be there as far as utilities.  There will be no water, but does plan on putting in an elbow while they are pouring the foundation, but it will be capped at both ends.  Mr. Lee stated the rear setback is 11’.  Mr. McCarville stated they have quite a bit of land and asked why it is being placed where it is.  Mr. Lite stated he doesn’t want it near the house because there will be sand and dust.  Mr. Lee questioned the fact they already have a one-car garage.  Mr. Lite stated it is quite full with one car, jet skis, etc.  Mr. Lee stated the property is located in the RA district within the Groundwater Protection District.  The setback is 20’.  Mr. Newman stated it would be less for a detached garage and thinks it is 10’.  He also thinks a shed and garage would be in the same category.

Mr. Lee noted that no abutters were present.

Mr. Lee stated he has a concern about the future use of the proposed garage becoming an apartment. He asked if that is something Mr. Lite can tell the board will not happen.  Mr. Lite stated that hopefully the kids will be moving out soon; therefore, they don’t need any more habitable space of want a tenant.  He understands that the second floor is big enough to be used as an apartment, but there will be no heat or running water.  Mr. Okstein suggested not putting an elbow in the concrete.  Mr. Wernick stated he is concerned about hazardous materials draining into the ground as this is in the Groundwater Protection District.  He also believes there could be potentially be a problem with the second floor and the pipe in the concrete. We need to protect the neighborhood.  Mr. Lite stated he does work at home now.  He questioned what would be the bigger risk when it comes to spills: being outside on the driveway or inside the garage where he could mop them up.  Mr. Ruskin questioned the porch.  Ms. Lite stated it is really not a porch because there is no roof.  Mr. Lee questioned the plans that were submitted.

Mr. Lite stated he has spoken with Joe Kent.  He doesn’t want to do actual plans in case this doesn’t get approved.  Mr. Kent suggested he find a similar structure, add the dimensions he is proposing and present it to the board.  Further, they are only adding one set of stairs and they will be outside.  Mr. Lee stated the plot plan doesn’t show the porch.  He stated this new garage isn’t an issue with the Lites, but is what can happen twenty-five years from now.  Decisions can come back and haunt the town when someone else is living there.  Mr. Wernick agreed and stated he can see a future ad:  carriage house in the back for rent.

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Mr. Newman stated they are showing a two-story structure.  Mr. Lite stated it is going to be wide open and it will be a two-story structure.  Mr. Newman suggested he make it a one-story structure with a peaked roof.  Mr. Lee stated he doesn’t want to redesign this project.  He doesn’t have any concerns with a two-car garage.  The location for this is acceptable.  He does have a concern with the area above the garage and feels it could be detrimental to the neighborhood in the future.  He asked if anyone has a concern with garage as presented being a one story.  The board agreed that was acceptable, but all were concerned with the proposed space above it.  Mr. Lee stated we could close the hearing and vote tonight, but you can see how the board feels.  You could also continue this hearing and come back with plans that ensure this is not habitable space.  Mr. Lite asked how and Mr. Lee stated just lower the roof.  Mr. McCarville stated that most of these types of structures don’t have a second story.  He doesn’t like the outside stairs either.  Mr. Lee stated there could be access through the garage.  Mr. Lite stated that some of the things he wants to store on the second floor are large, such as car hoods, etc.  He thought by putting the second floor stairs on the outside it would be easier.  He doesn’t want pull down stairs because of the height. 

Mr. Lee stated we will not sit here and design this project.  We would like you to show us this is not going to become a living space.  These are the concerns this board looks at.  Mr. Lite stated he understands what the board is saying.  Someone could convert a 28’x28’ garage into living space down the road.  Mr. Lee agreed and stated this could cause a problem in the neighborhood.  He suggested this hearing be continued so Mr. Lite can come back with a plan that addresses the second story.  Mr. Lite stated he was told this looks good.  Mr. Lee stated the Building Inspector did his job and now the Zoning Board needs to do their job. Mr. Lee stated if this is denied tonight, you cannot come back for two years.  We are not opposed to the two-car garage and obviously there are presently no neighbor issues because no one is here.  It fits the intent of the zoning bylaw, but he doesn’t feel comfortable voting on something we don’t have a definitive plan on.  He is concerned that this could be something else at a later time.

Mr. Lite asked this hearing be continued.  Mr. Lee continued this to November 17, 2010 at 8:00 p.m.

8:50 P.M.        Daniel Seigel, 10 Goddard Road, Case No. 1662:  Mr. Lee read the public hearing notice and also a letter from Jim Andrews, Health Agent, dated October 12, 2010 and Greg Meister, Conservation Agent, dated October 13, 2010.  Mr. Lee stated that the applicant was granted relief a long time ago, but it expired and now they want to do it again.  Mr. McCarville asked if this is the same request and Mr. Seigel stated it is close to the same.  He gave the board a copy of what is existing and what is being proposed.  He stated there is presently an attached in-law suite and they are proposing to put on a second level.  It presently has five bedroom and three bathrooms.  The second level would provide two larger bedrooms and he would eliminate two existing bedrooms

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in the current house.  He put in a new septic a year ago and it tested fine. 

Mr. Lee stated the date on the plan is August 7, 2010 and it was drawn by Fillion Group, Sharon, MA.   He didn’t do the original plans.

Mr. Wernick asked if they are expanding above the garage and Mr. Seigel stated yes.  He asked who is in the in-law suite and Mr. Seigel stated no one at the present time.  It consists of a first floor bedroom, a den, kitchenette and bathroom.   They are presently using the bedroom as a guest bedroom.  Mr. Lee asked if they are only having one entrance and Mr. Seigel stated yes and currently this house is not a two family and they are not using it as such.  They are removing a stairway and a door.

Mr. Lee asked for comments from the public.

Stuart Brown, 105 Billings Street stated he has no objection to this.  He received notice and just wanted to know what he was doing.

Mr. Ruskin left at 9:00 p.m.

Mr. Seigel submitted a letter from other neighbors that have no objection to this.  Mr. Lee stated we have an updated plot plan.  We have plans for the second floor, but not the first floor.  Mr. Seigel stated that is because there is nothing changing on the first floor.  Mr. Lee stated that just a door is being removed and that is shown on the plan.  Mr. Lee questioned the overhang.  Mr. Seigel stated he doesn’t know why it is there.  The in-law suite was 30’x18’.  Mr. Lee wondered if there was a setback issue, but there is more than enough room.  Mr. Seigel stated the original house is quite small which consists of two levels plus an attic and is about 80 years old.  The in-law suite went on 20 years ago.

Mr. Lee stated he feels this is an improvement.  There were no further questions or comments.

The applicant asked to close the hearing.  Mr. Lee closed the hearing.  He stated the voting members will be Mr. Lee, Mr. McCarville and Mr. Wernick.

Mr. Wernick moved approve this application subject to the board’s standard conditions and the following special conditions:  1)  the existing external doorway to the in-law suite will be removed; 2) the plan of record is dated August 7, 2010 by Fillion Engineering Group.  Motion seconded by Mr. McCarville and voted 3-0-0.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 9:10 p.m.

                                                Respectfully submitted,

Accepted 5/11/11