ZONING BOARD OF APPEALS
AUGUST 12, 2004
MINUTES
Members Present: Kathryn Sette-Chair, Robert Bylaska – Vice Chairman, William R. Nugent, Roger Thurston, David Fleming-Alternate and Donald Intonti, Jr.-Alternate
Members Absent: John Lennox - Clerk
Staff Present: Frank DeFelice-Building Inspector and Terry Whalen-Town Planner
Ms. Sette (Chair) called the meeting to order at 7:00 PM.
Continued 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 Moore (Designer) presented an overview of the project and chronology with the Planning Board under Residential Site Plan approval. The Chair asked for public comment on this case and there was none.
FINDINGS OF FACT:
1. Applicant revised project, reducing the size of the proposed building requested.
2. New building will be on the same footprint as existing building.
3. Existing structure is pre-existing non-conforming.
4. Increases the intensity but does not increase the non-conformity.
5. Lot size is 8,583 square feet.
6. Neighborhood contains several two story houses.
7. Project has Board of Health approval.
8. Project has Planning Board approval.
9. Infringes on setbacks on right and left sides.
APPEAL Z#2004-11- LAUREEN KUNCHES & PATRICIA A. JOYCE (continued)
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Intonti and SECONDED by Mr. Bylaska to Grant a Special Permit on APPEAL Z#2004-11 – LAUREEN KUNCHES & PATRICIA A. JOYCE, 47 Maple Street, Milton, MA 02186, for 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.
The VOTE; 2-3 IN FAVOR: For: Intonti, Thurston / 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 THERFORE DENIED
New Hearing – Appeal of a Decision of the Building Inspector:
APPEAL Z#2004-16 - JANE FLEMING, PO Box 1222, North Eastham, MA 02651, Requests an Appeal of the Zoning Officer’s Decision not to issue a Building Permit, under Section VIII (B) of the Zoning Bylaws for a temporary retail structure during alteration of a commercial site for property located at 4680 State Highway, Eastham, Map 08 Parcel 202.
Susan Fleming (Applicant) presented a request to continue hearing to the September 9, 2004 meeting.
A MOTION was made by Mr. Nugent and SECONDED by Mr. Bylaska to continue the hearing until September 9, 2004. The VOTE; 4-0 IN FAVOR: Bylaska, Nugent, Sette, and Thurston
New Hearing – Appeal of a Decision of the Building Inspector:
APPEAL Z#2004-15 - SCOTT & BURTON SPOTTISWOODE/ROBERT POULIOT, 5 Priscilla Lane, Duxbury, MA 02332, Requests an Appeal of the Zoning Officer’s Decision to issue Building Permit #2004-136 as permit does not match accompanying building plans for property located at 2 Marion’s Way, Eastham, Map 07 Parcel 547.
Joe Kelleher (Applicant’s Attorney) and Robert Pouliot (Applicant) presented their case that Building Permit was issued in error. Harrison Gruman (60 Bay Road) asked the Board how demolition of pre-existing nonconforming structure impacted “grandfathering”. Robert Lawless (Owner’s Attorney) updated the ZBA on recent approvals obtained from the Board of Health for the project including secondary treatment and a two-bedroom deed restriction. Joe Olson (6 Marion’s Way) asked for a clarification of the assessors map for the parcel.
APPEAL Z#2004-15-SCOTT & BURTON SPOTTISWOODE/ROBERT POULIOT (continued)
FINDINGS OF FACT:
1. Property owner demolished a pre-existing non-conforming structure.
2. Project has Board of Health approval.
3. Plans include installation of alternative system.
4. Board of Health has limited to two bedrooms.
5. Proposed structure does not intrude into setbacks.
6. Project has Building Permit.
7. Discrepancy in square footage noted on the Building Permit application vs. plans submitted.
8. Proposed building is a two story with a “cut-back” in the attic area for a deck.
9. Applicant was charged for a two story building as the Building Permit fee as proposed.
10. Project does not exceed height requirements as proposed.
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Thurston and SECONDED by Mr. Nugent to Uphold Decision of the Building Inspector on APPEAL Z#2004-15 - SCOTT & BURTON SPOTTISWOODE/ROBERT POULIOT, 5 Priscilla Lane, Duxbury, MA 02332, to issue Building Permit #2004-136 for property located at 2 Marion’s Way, Eastham, Map 07 Parcel 547.
The VOTE; 5-0 IN FAVOR: For: Bylaska, Fleming, Nugent, Sette, Thurston
Other Business:
APPEAL Z#2003-22 - CLIFF COTTAGE TRUST/A. COHN, 29 Jameson Road, Newton, MA 02158, Rehearing on Remand for a Special Permit under Eastham Zoning By-Laws Section VI Paragraph C to extend and alter a pre-existing nonconforming structure by constructing a second floor for property located at 7 Memory Lane, North Eastham, Map 07 Parcel 501.
Andrew Cohn (Applicant) and Duane Landreth (Attorney) presented a request to the ZBA for a minor plan change (as shown on “Site Plan Showing Proposed Building Modifications and Addition” by Dan Costa, AIA dated July 21, 2004) for a recently approved Special Permit on Remand.
FINDINGS OF FACT:
1. Applicant requests amendment to Special Permit.
2. Proposed change meets setback requirements.
3. Change is on the side of the house away from Coastal Bank
4. This change encloses the stairs
5. Sonotubes will share the load with cement block wall.
6. Does not derogate from the neighborhood.
APPEAL Z#2003-22 - CLIFF COTTAGE TRUST/A. COHN (continued)
A MOTION was made by Mr. Nugent and SECONDED by Mr. Bylaska to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Bylaska, Intonti, Sette, Nugent and Thurston
A MOTION was made by Mr. Nugent and SECONDED by Mr. Bylaska to accept the proposed change as minor and incorporate the revised plan in the Special Permit. The VOTE; 4-1 IN FAVOR: For: Bylaska, Intonti, Sette and Nugent / Against: Thurston.
A MOTION was made by Mr. Thurston and SECONDED by Mr. Bylaska to clarify the time frame extending one year from final approval of the Conservation Commission on the revised plan. The VOTE; 5-0 IN FAVOR: For: Bylaska, Intonti, Sette, Nugent and Thurston.
Approval of Minutes:
A MOTION was made by Mr. Bylaska and SECONDED by Mr. Nugent, to accept the minutes of the July 8, 2004 Meeting. The VOTE; 4-0-1 IN FAVOR: For: Bylaska, Fleming, Intonti and Nugent / Abstain: Sette
Adjournment:
Motion to adjourn by Mr. Bylaska seconded by Mr. Nugent
The VOTE; 4-0 IN FAVOR: Bylaska, Nugent, Sette and Thurston
The meeting adjourned at 9:30 PM
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