ZONING BOARD OF APPEALS
MAY 13, 2004
MINUTES
Members Present: Robert Bylaska-Chairman, William R. Nugent-Vice Chairman, Kathryn Sette-Clerk, John Lennox, Elaine Vaudreuil and Donald Intonti, Jr.-Alternate
Members Absent: David Fleming-Alternate
Staff Present: Frank DeFelice-Building Inspector and Terry Whalen-Town Planner
Mr. Bylaska (Chairman) called the meeting to order at 7:00 PM.
Continued Hearing:
APPEAL #Z2004-07 - HVM HOLDINGS, LLC / LAND CAPE INC., 5 Deer Trail Road Saddle River, NJ 07458, seeks a Special Permit under Eastham Zoning By-Laws Section VI Paragraph C to demolish existing one-story nonconforming structure and construct new two-story residential dwelling for property located at 90 Blueberry Drive, Eastham, Map 21 Parcels 44 & 45.
Land Cape Inc. (Applicant) sent in a letter requesting to withdraw the appeal without prejudice.
A MOTION was made by Ms. Sette and SECONDED by Mr. Nugent to accept the request for withdrawal without prejudice. The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Nugent, Sette and Vaudreuil
Continued Hearing:
APPEAL #Z2004-08 - WALTER & MARY MAKAR, 60 Pleasant Street, Berlin, MA 01503, seek a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C, to demolish existing one-story nonconforming structure and construct a new two-story residential dwelling for property located at 220 Pierce Road, Eastham, Map 004 Parcel 526.
Land Cape Inc. (Applicant’s Representative) sent in a request for continuance to July 8, 2004 meeting.
A MOTION was made by Ms. Sette and SECONDED by Ms. Vaudreuil to continue the hearing until July 8, 2004. The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Nugent, Sette and Vaudreuil
New Hearing:
APPEAL Z#2004-10 - S. LAWRENCE & JANE DINGMAN, 609 Route 126, Barrington, NH 03825, seek a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C, to alter and expand a preexisting, nonconforming dwelling by constructing a 10' X 15' addition for property located at 670 Massasoit Road, Eastham, Map 08 Parcel 277.
Larry Dingman (Applicant) presented an overview of his request. He explained that plumbing complexities led them to requested location. The Board discussed other alternatives available to the Applicant. Abutters, John Carsey (325 Massasoit Road) and Richard Cuciniello (15 Wiley Lane) expressed they had no objection to the proposed project.
FINDINGS OF FACT:
Property is bordered by Wiley Lane on the north and Massasoit Road on the west, causing front yard setback requirements of 30 feet on both of those sides
Existing dwelling intrudes into the required setback along Massasoit Road
Proposed addition creates a new nonconformity with an intrusion into the required setback along Wiley Lane
Existing house dates from the 18th century
Upgrade of sewage disposal system is needed
Two neighbors have no objection
Applicant states refusal of this appeal would result in a financial hardship
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, Lennox, Nugent, and Sette
APPEAL Z#2004-10 - S. LAWRENCE & JANE DINGMAN (continued)
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Lennox and SECONDED by Ms. Vaudreuil to Grant a Special Permit on APPEAL Z#2004-10 - S. LAWRENCE & JANE DINGMAN, 609 Route 126, Barrington, NH 03825, for a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C, to alter and expand a preexisting, nonconforming dwelling by constructing a 10' X 15' addition for property located at 670 Massasoit Road, Eastham, Map 08 Parcel 277.
The VOTE; 2-3 IN FAVOR: For: Lennox, Vaudreuil / Against: Bylaska, Nugent, Sette
THE MOTION DID NOT ATTAIN REQUIRED FOUR AFFIRMATIVE VOTES REQUIRED PER MGL CH. 40A, SECT. 9 - THIS SPECIAL PERMIT REQUEST IS THEREFORE DENIED
New Hearing:
APPEAL Z#2004-11- LAUREEN KUNCHES & PATRICIA A. JOYCE, 47 Maple Street, Milton, MA 02186, seek a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C, to demolish a preexisting, nonconforming, one-story dwelling and construct a new two-story, residential dwelling for property located at 26 Bayberry Lane, Eastham, Map 13 Parcel 165.
Thomas A. Moore (Architect) presented an overview of the project. After discussion of the project with the Board, the Applicant requested a continuance until the August meeting to revise plans and obtain approval from the Planning Board.
FINDINGS OF FACT:
Existing structure fails to meet the side yard setback requirements on both sides
Proposed addition extends an existing nonconformity and increases the intensity by the addition of a second floor
Proposal results in a Site Coverage Ratio of 0.205, the largest in the immediate area, more than double the site and nearly double the neighborhood average
Lot is very small, approximately 1/5 acre
By placing living room on the second floor, applicants appear to be attempting to maximize views of the Bay
One Neighbor has written a letter of objection.
APPEAL Z#2004-11- LAUREEN KUNCHES & PATRICIA A. JOYCE (continued)
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to continue the hearing until August 12, 2004. The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Nugent, Sette and Vaudreuil
Because the requested continuance is beyond the 90 day decision deadline, the Applicant’s representative signed an agreement with the Board to extend the time frame by 60 days.
New Hearing:
APPEAL Z#2004-12 - JOSEPH GALLANTE, 212 Lothrop Avenue, Harwich, MA 02645, seeks a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C, to alter and expand a preexisting, nonconforming dwelling by constructing a 12' X 12' screen porch over existing deck for property located at 535 Campground Road, Eastham, Map 07 Parcel 324-A.
Joe Gallante (Applicant) presented an overview of his request. Al Pemberton (720 Campground Road) raised long term concerns with overnight sleeping on the screen porch. Russ French (725 Campground Road) indicated that occupancy of the dwelling unit should not exceed four (4) persons.
FINDINGS OF FACT:
Property abuts Campground Rd. and Shurtleff Rd., causing the requirement of two front yard setbacks of 30 feet
Only 10 foot setback exists along Campground Rd. and approximately 29.5 feet along Shurtleff Rd.
Proposed addition of the screen porch reduces the setback on Shurtleff Rd. to less than 20 feet
Additions to a building within a Cottage Colony are subject to ZBA approval
House is limited to three season use and occupancy by no more than four people
Neighbor expressed concern about the use of porch for over-night sleeping and maintenance of neighborhood character
Neighbor wants occupancy to remain four persons
Septic system report will need update
APPEAL Z#2004-12 - JOSEPH GALLANTE (continued)
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Bylaska and SECONDED by Ms. Sette to Grant a Special Permit on APPEAL Z#2004-12 - JOSEPH GALLANTE, 212 Lothrop Avenue, Harwich, MA 02645, under Eastham Zoning By-Laws Section VI, Paragraph C, to alter and expand a preexisting, nonconforming dwelling by constructing a 12' X 12' screen porch over existing deck for property located at 735 Campground Road, Eastham, Map 07 Parcel 324-A upon the Conditions: four person occupancy, porch remain uninhabitable, favorable septic system inspection report and porch to remain as screen porch even if sold to another party.
The VOTE; 5-0 IN FAVOR: For: Bylaska, Lennox, Nugent, Sette and Vaudreuil
The Board of Appeals finds that the grant of this Special Permit will not be detrimental to the neighborhood nor substantially derogate from the public welfare.
New Hearing:
APPEAL Z#2004-13 - DENNIS D. MURPHY, PO BOX 766, North Eastham, MA 02651, seeks a Special Permit under Eastham Zoning By-Laws Section XI, Paragraph D, to alter and expand a pre-existing nonconforming use by constructing a 63'11"X41'9" storage garage for property located off Nauset Road, Eastham, Map 05 Parcels 24&26.
Dennis Murphy (Applicant) presented an overview of the need protect vehicles, temporary nature of proposed structure and long term desire to develop parcel residentially. The Applicant also noted that the presence of the proposed building would not have an effect on the current level of activity. The Board discussed the importance of minimizing the potential for environmental degradation in District G - Water Resources Protection. The Board discussed conditions to reduce the potential for negative impacts from spills and storage. The Chairman asked for public comment and there was none.
FINDINGS OF FACT:
Proposed garage will be located over 75 feet from any lot line
Lot does not have frontage or access to Nauset Road
Garage will be used to house equipment used on site
Applicant intends to shut down operation and remove building in the future
Intensity of the use is not increased by addition of garage
APPEAL Z#2004-13 - DENNIS D. MURPHY (continued)
DECISION:
Based on the Findings of Fact, a MOTION was made by Ms. Sette and SECONDED by Ms. Vaudreuil to Grant a Special Permit on APPEAL Z#2004-13 - DENNIS D. MURPHY, PO BOX 766, North Eastham, MA 02651, for a Special Permit under Eastham Zoning By-Laws Section XI, Paragraph D, to alter and expand a pre-existing nonconforming use by constructing a 63'11"X41'9" storage garage for property located off Nauset Road, Eastham, Map 05 Parcels 24&26 upon the Conditions: building to be removed at the end of five years or request approval for extension, floor to be level, no floor drains, no fuel supply storage, containment system to be provided and spills to be handled in accordance with plan on file with Cape Cod Commission.
APPEAL Z#2004-13 - DENNIS D. MURPHY (continued)
The VOTE; 5-0 IN FAVOR: For: Bylaska, Lennox, Nugent, Sette and Vaudreuil
The Board of Appeals finds that the grant of this Special Permit will not be detrimental to the neighborhood nor substantially derogate from the public welfare.
Approval of Minutes:
A MOTION was made by Ms. Sette and SECONDED by Mr. Lennox, to accept the minutes of the March 11, 2004 Meeting as drafted. The VOTE; 5-0 IN FAVOR: For: Bylaska, Lennox, Nugent, Sette and Vaudreuil
Adjournment:
Motion to adjourn by Mr. Lennox seconded by Mr. Nugent
The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Nugent, Sette and Vaudreuil
The meeting adjourned at 9:55 PM
| 
