ZONING BOARD OF APPEALS
SEPTEMBER 9, 2004
MINUTES
Members Present: Kathryn Sette-Chair, Robert Bylaska – Vice Chairman, John Lennox - Clerk, William R. Nugent, Roger Thurston, and David Fleming-Alternate
Members Absent: Donald Intonti, Jr.-Alternate
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 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 and Jane Fleming (Applicant) presented an overview of their request and an update on the progress of their project at 4680 State Highway. The Board discussed various options. Tim Klink (4665 State Highway) raised concerns regarding the ultimate approvability of the Public Water supply required for the project and that the request for a temporary trailer would become permanent and derogate from the neighborhood. The Applicant’s requested to continue hearing to the ZBA’s January 2005 meeting.
A MOTION was made by Mr. Nugent and SECONDED by Mr. Bylaska to continue the hearing until January 13, 2005 subject to the Applicant signing a 100 day extension agreement from the current deadline. The VOTE; 5-0 IN FAVOR (For: Bylaska, Lennox, Nugent, Sette, and Thurston).
New Hearing – Special Permit / Section V:
APPEAL Z#2004-17 - LYNNE. OLSON / WILD CARE INC., 84 Underpass Road, PO Box 760, Brewster, MA 02631, requests a Special Permit under Eastham Zoning Bylaws, Section V-Uses-District-A to house & rehabilitate injured animals & birds, within existing dwelling and construct waterfowl enclosure and raptor flight cage on property located at 10 Smith Lane, Eastham, Map 20 Parcels 125 & 126.
Duane Landreth (Applicant’s Attorney) and Lela Larned (Applicant) presented an overview of the history of WildCare Inc. and the request to house & rehabilitate injured animals & birds. Ms. Larned explained the details of the operation and measures to minimize impact on the environment and the neighborhood. David Crary (1700 Bridge Road) asked questions about the operation being similar to an animal hospital.
FINDINGS OF FACT:
1. Parcel is located within 100 feet of a Resource Area.
2. Proposed use is not specifically allowed in the Zoning By-laws.
3. Non-commercial livestock, animals and poultry are allowed in residential areas if not injurious, noxious or offensive.
4. WildCare Inc. is a non-profit entity in existence since 1989 – no fees are charged to the public.
5. Project site is isolated by Smith Lane, Route 6 and wetlands; upland 1.7 acres, wetlands 0.7 acres.
6. Conservation Commission will hold hearing on September 14, 2004.
7. Operation is moving from Brewster because they need more space.
8. Peak traffic 4.5 trips per day; noise minimal
9. Provides unique service that is permitted by US Fish and Wildlife Service and State of MA.
10. The 5 foot setback for the existing barn is immune based upon 1951 Bylaw.
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Thurston and SECONDED by Mr. Lennox to Grant a Special Permit on APPEAL Z#2004-17 - LYNNE OLSON/WILDCARE, INC., 84 Underpass Road, PO Box 760, Brewster, MA 02631, under Eastham Zoning Bylaws, Section V-Uses-District-A to house & rehabilitate injured animals & birds, within existing dwelling and construct waterfowl enclosure and raptor flight cage on property located at 10 Smith Lane, Eastham, Map 20 Parcels 125 & 126 upon the Conditions: 1) Conservation Commission approval 2) Both parcels must be used together for this purpose 3) Approval runs with the applicant – not the land and 4) Provision of redacted Purchase and Sale or letter from Ms. Olson authorizing project. The VOTE; 5-0 IN
FAVOR (For: Bylaska, Lennox, Nugent, Sette, and Thurston)
Approval of Minutes:
A MOTION was made by Mr. Bylaska and SECONDED by Mr. Nugent, to accept the minutes of the August 12, 2004 Meeting. The VOTE; 5-0 IN FAVOR (For: Bylaska, Lennox, Nugent, Sette and Thurston)
Adjournment:
Motion to adjourn by Mr. Bylaska seconded by Mr. Nugent
The VOTE; 5-0 IN FAVOR (For: Bylaska, Lennox, Nugent, Sette and Thurston)
The meeting adjourned at 9:30 PM
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