ZONING BOARD OF APPEALS
JULY 8, 2004
MINUTES
Members Present: Robert Bylaska – Vice Chairman, John Lennox - Clerk, William R. Nugent, David Fleming-Alternate and Donald Intonti, Jr.-Alternate
Members Absent: Kathryn Sette-Chair and Elaine Vaudreuil
Staff Present: Frank DeFelice-Building Inspector and Terry Whalen-Town Planner
Mr. Bylaska (Acting Chairman) called the meeting to order at 7:00 PM.
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.
The Acting Chairman informed the Applicant’s representative that Ms. Sette, a voting member on this case, was not in attendance. Ben Zehnder (Attorney) agreed to Mr. Intonti sitting a voting member on this case. Attorney Zehnder presented an overview of the revised plans including design changes to lower the overall height and the attempt to address previous concerns raised by the Board. Mr. Zehnder also presented the Board six letters of support for the project from neighbors.
FINDINGS OF FACT:
1. Existing structure does not meet the required front setback of 30 feet (actual 23.5 feet) or western side yard required setback of 25 feet (actual 16 feet).
2. Existing structure is pre-existing nonconforming.
3. Existing nonconformity along the western property boundary is extended by the proposed addition.
APPEAL #Z2004-08 - WALTER & MARY MAKAR (continued)
4. Intensity is increased by the second floor addition, four (4) foot “bumpout” on east side of house, and eight (8) foot addition on north side of first floor.
5. Currently, vicinity is dominated by single story bungalow homes, however there are two (2) story homes in the vicinity
6. Six (6) abutters have written in support.
7. Septic system is sized for three (3) bedrooms.
A MOTION was made by Mr. Fleming and SECONDED by Mr. Lennox to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, Intonti, Lennox, and Nugent
DECISION:
Based on the Findings of Fact and revised plans submitted, a MOTION was made by Mr. Fleming and SECONDED by Mr. Nugent to Grant a Special Permit on APPEAL Z#2004-08 - WALTER & MARY MAKAR, 60 Pleasant Street, Berlin, MA 01503, 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. The VOTE; 3-2 IN FAVOR: For: Fleming, Intonti, Nugent / Against: Bylaska, Lennox THE MOTION DID NOT ATTAIN REQUIRED FOUR AFFIRMATIVE VOTES REQUIRED PER MGL CH. 40A, SECT. 9 - THIS SPECIAL PERMIT REQUEST IS THEREFORE DENIED
Continued Hearing:
APPEAL Z#2004-14 - MARTHA CLARKE, 477 Simsbury Road, Bloomfield, CT 06002, seeks a Special Permit under Eastham Zoning By-Laws Section VII-A - Accessory Uses, to construct a one-car garage with attached shed for property located at 295 Herring Brook Road, Eastham, Map 17 Parcel 484.
The Acting Chairman informed the Applicant that Ms. Sette and Ms. Vaudreuil, voting members on this case, were not in attendance. Mr. Clarke (Applicant) agreed to Mr. Fleming and Mr. Intonti sitting as voting members on this case. Ron Clarke (Applicant) presented an overview of his exploration of various site alternatives and noted drainage difficulties, excessive amount of filling required and alternative location would pose problems for neighbors.
FINDINGS OF FACT:
1. A portion of the lot is salt marsh and is subject to coastal storm flow. These conditions limit the portion of the site that is actually buildable.
2. Proposed garage would be located 6.5 feet from the north side property line; the Zoning Bylaws require 12 feet thereby creating a nonconformity.
APPEAL Z#2004-14 - MARTHA CLARKE (continued)
3. North side property owners have no objection to the proposed construction (letter provided), no other abutters have objected and all were notified via certified mail.
4. Septic system is located in the backyard and limits location alternatives.
5. Applicant studied alternate locations that would not require zoning relief, but decided on the proposed location because of the need to remove trees, increased flow of water from the street to the marsh and the amount of fill required.
6. Roof will now have a gable front with the same pitch reducing the roof height by approximately three feet as viewed from the road.
7. New building plans will be required for approval by the Board.
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Fleming and SECONDED by Mr. Intonti to Grant a Special Permit on APPEAL Z#2004-14 - MARTHA CLARKE, 477 Simsbury Road, Bloomfield, CT 06002, under Eastham Zoning By-Laws Section VII-A - Accessory Uses, to construct a one-car garage with attached shed for property located at 295 Herring Brook Road, Eastham, Map 17 Parcel 484 upon the Condition: New building plans will be required for approval by the Board. The VOTE; 4-1 IN FAVOR: For: Bylaska, Fleming, Intonti, Nugent / Against: Lennox. 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.
Other Business:
Susan and Jane Fleming (4668 State Highway) came in to meet with the Board to discuss a decision of the Building Inspector. The Board informed the Flemings that they would need to file an Appeal for an action by the ZBA and that the Board could only make a decision in accordance with a Public Hearing following the procedures outlined in the Zoning Act and the Eastham Zoning Bylaws.
Approval of Minutes:
A MOTION was made by Mr. Bylaska and SECONDED by Mr. Nugent, to accept the minutes of the June 10, 2004 Meeting.
The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, Intonti, Lennox, and Nugent
Adjournment:
Motion to adjourn by Mr. Lennox seconded by Mr. Nugent
The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, Intonti, Lennox, and Nugent
The meeting adjourned at 9:30 PM
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