ZONING BOARD OF APPEALS
OCTOBER 14, 2004
MINUTES
Members Present: Kathryn Sette-Chair, Robert Bylaska – Vice Chairman, John Lennox - Clerk, William R. Nugent, Roger Thurston, and Donald Intonti, Jr.-Alternate
Members Absent: David Fleming-Alternate
Staff Present: Frank DeFelice-Building Inspector and Terry Whalen-Town Planner
Ms. Sette (Chair) called the meeting to order at 7:00 PM.
New Hearing – Special Permit / Section VI:
APPEAL Z#2004-18 - SANDPIPER COTTAGES, LLC/CHRISTOPHER R. MINER, PO Box 1570, Orleans, MA 02653, seeks a Special Permit under Section VI(G) - Non-Conforming Uses, to convert an existing Cottage Colony to Condominium form of ownership for property located at 5535 State Highway, Eastham, Map 05 Parcel 395.
Christopher Miner (Applicant’s Attorney) and Wasek Safeih (Applicant) presented an overview of the request to convert the former West Wind Cottages to Sandpiper Condominiums. Mr. Miner also provided a revised copy of Page 11 of proposed Master Deed to reflect reduced occupancy of 24 persons. Glenn and Coreen Olson (5 Quail Cover Lane) expressed concern with controlling noise in the future with the requested conversion.
FINDINGS OF FACT:
1. Existing Cottage Colony is a pre-existing nonconforming use.
2. Site contains one manager’s unit and ten cottages with a total of 12 bedrooms on the site.
3. BOH states septic systems are compliant.
APPEAL Z#2004-18 - SANDPIPER COTTAGES/MINER (continued)
4. Water testing data indicates satisfactory results (all below regulatory thresholds).
5. Covenant with Town of Eastham guarantees that Unit 4 will be the management unit and all other units will be seasonal occupancy only (April 1 to November 30).
6. Number of occupants is limited to 24 people based upon two occupants for each of the seasonal cottages and four occupants for the management unit.
7. BOH indicated that occupancy equal to or exceeding 25 requires DEP approval.
8. Two septic systems on site are designed to accommodate a total of 14 bedrooms.
9. Prior use of Unit 1 as a real estate office has been abandoned.
10. No stated opposition by neighbors, one neighbor raised concern over potential noise.
11. Change of use of Unit 1 from office to seasonal residential use is less detrimental to the community.
12. Findings based upon revised plans presented and date stamped October 14, 2004.
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, Lennox, Nugent, Sette and Thurston
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Nugent and SECONDED by Mr. Lennox to Grant a Special Permit on APPEAL #Z2004-18 - SANDPIPER COTTAGES, LLC. / CHRISTOPER R. MINER, PO Box 1570, Orleans, MA 02653, under Section VI(G) - Non-Conforming Uses, to convert an existing Cottage Colony to Condominium form of ownership for property located at 5535 State Highway, Eastham, Map 05 Parcel 395 subject to the following CONDITIONS: 1) Management Board must amend condominium bylaws to give authority to person in management unit to provide immediate control over local nuisance situations. 2) Execute covenant with the Town limiting the occupancy of the ten cottages to seasonal use between April 1 and November 30. 3) BOH to review revised plans to clarify
the DEP approval is not required based upon reduced occupancy. 4) Each unit to be numbered with minimum four inch numbers. 5) Management unit must be occupied full time to exercise some immediate control per revised bylaws. 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.
The VOTE; 5-0 IN FAVOR - For: Bylaska, Lennox, Nugent, Sette and Thurston
Approval of Minutes:
A MOTION was made by Mr. Thurston and SECONDED by Mr. Bylaska, to accept the minutes of the September 9, 2004 Meeting. The VOTE; 5-0 IN FAVOR - For: Bylaska, Lennox, Nugent, Sette and Thurston
Adjournment:
Motion to adjourn by Mr. Thurston seconded by Mr. Lennox
The VOTE; 5-0 IN FAVOR - For: Bylaska, Lennox, Nugent, Sette and Thurston
The meeting adjourned at 8:50 PM
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