ZONING BOARD OF APPEALS
JANUARY 8, 2004
MINUTES
Members Present: Robert Bylaska-Chairman, William R. Nugent-Vice Chairman, Kathryn Sette-Clerk, John Lennox, and Donald Intonti, Jr. - Alternate
Members Absent: Elaine Vaudreuil, David Fleming - Alternate
Staff Present: Frank DeFelice - Building Inspector & Terry Whalen - Town Planner
Mr. Bylaska called the meeting to order at 7:00 PM.
Continued Hearing:
APPEAL #Z2002-8 - WARREN LANE/LAND USE ASSOCIATES, PO Box 3183, Plymouth, MA 02631, seeks a Comprehensive Special Permit under Eastham Zoning By-Laws, Section IX, Paragraph A (Intensity Regulations) to construct four (4) two bedroom family homes including one single family affordable home for property located at 75-105 Fairview Avenue, Eastham, Map 012 Parcel 123-126.
Warren Lane submitted a request to continue hearing until Land Court case resolved.
A MOTION was made by Ms. Sette and SECONDED by Mr. Nugent to continue the hearing until April 8, 2004 and send Applicant a letter informing that Board is expecting updated information due to lapse of time on this case. The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Intonti, Nugent, and Sette
Continued Hearing:
APPEAL #Z2003-14 - JEAN BAREK, WASEK and WINNIFRED SAFIEH, 39 Pasack Road, Pearl River, NY 10965, are seeking a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph D, to alter non-conforming use by converting an existing garage to living space for property located at 5535 State Highway, Eastham, Map 05 Parcel 395.
Jamie Veara (Attorney) presented an overview of the history of the site and the Applicant’s proposal. Mr. Safieh (Applicant) explained his willingness to forgo previously approved expansion of the existing Manager’s Unit in order to convert existing garage into a one-bedroom dwelling unit.
The Chair asked if there was any public comment on this appeal, and there was none.
FINDINGS OF FACT:
Cottage Colony use is preexisting nonconforming
Applicant proposed to forgo previously approved expansion in main house
Proposal results in net decrease of one bedroom
Two existing Title V septic systems are capable of supporting a total of 14 bedrooms
Converted unit (former garage) to become Management Unit (year round)
Previous Management Unit to become seasonal use only
Proposed garage creates a new dimensional nonconformity (rear yard setback)
Increase in the number of dwelling units increases the use nonconformity
Increase in the nonconformity of converting garage to a dwelling unit is offset by the reduction in the total number of bedrooms on site to 11.
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: For: Bylaska, Lennox, Intonti, Nugent and Sette
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Lennox and SECONDED by Mr. Intonti to Grant a Special Permit to Jean Barek, Wasek and Winnifred Safieh, 39 Pasack Road, Pearl River, NY 10965, under Eastham Zoning By-Laws Section VI, Paragraph D to alter non-conforming use by converting an existing garage to living space for property located at 5535 State Highway, Eastham, Map 05 Parcel 395.
The VOTE; 4-1 IN FAVOR: For: Bylaska, Lennox, Intonti, and Nugent / Against: Sette
Continued Hearing:
APPEAL #Z2003-15 - LEN & MARGO WOHADLO, 1015 Vallejo St., San Francisco, CA 94133, seek a Special Permit under Eastham Zoning By-Laws, Section VI, Paragraphs C & D to expand and add a second floor to a non-conforming structure on property located at 26 Longstreet Lane, Eastham, Map 10 Parcel 364.
Duane Landreth (Attorney) provided an overview of the revised plans highlighting that all work would be on the existing footprint and that the overall requested project had been reduced to address previous concerns of the Board.
The Chair asked if there was any public comment on this appeal, and there was none.
FINDINGS OF FACT:
Existing dwelling is preexisting nonconforming (front and side yard setbacks)
The project will be on existing footprint
Revised plans reduce requested area by 216 sq. ft.
Resulting Site Coverage Ratio of .167 is near the neighborhood mean
Adding second story intensifies the nonconformity
Neighborhood contains a mix of one and two story cottages
Project requires Residential Site Plan Approval from the Planning Board
Project requires approval of Board of Health
Project requires approval of Conservation Commission
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: For: Bylaska, Lennox, Intonti, Nugent and Sette
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Lennox and SECONDED by Ms. Sette to Grant a Special Permit to Len & Margo Wohadlo, 1015 Vallejo St., San Francisco, CA 94133, under Eastham Zoning By-Laws Section VI, Paragraph C to expand and add a second floor to a non-conforming structure on property located at 26 Longstreet Lane, Eastham, Map 10 Parcel 364 as shown on revised plans date stamped December 18, 2003 upon the Condition: prominent display of the house numbers.
The VOTE; 4-0-1 IN FAVOR: For: Bylaska, Lennox, Intonti and Sette / Abstain: Nugent
New Hearing:
APPEAL #Z2004-01 - RENEE & STUART ROTHMAN, 60 Ober Road, Newton, MA 02459,
seek a Special Permit under Eastham Zoning By-Laws, Section VI, Paragraphs C & D to expand the second floor over garage on a non-conforming structure for property located at 14 Giles Road, Eastham, Map 07 Parcel 538.
Duane Landreth (Attorney) provided an overview of the proposal to add a second-story sunroom. The Board discussed the relationship of the proposal to the existing character of the area.
Peter Fenn (119 Bay Road) commented on his review of the proposed project and indicated he felt the proposed project would be detrimental to the neighborhood.
Maureen Brugnoli (16 Gile Road) noted that the house had a history of being rented used to its capacity. In particular she indicated intensive use of the existing rear deck was already intrusive on her property and any expansion would excaberate the situation.
The Board also reviewed a letter from John Stankiewicz (16 Gile Road) stressing his opposition to the proposed project.
The Applicant’s representative requested a continuance to reevaluate the proposal and review with abutters.
A MOTION was made by Ms. Sette and SECONDED by Mr. Nugent to continue the hearing until February 12, 2004. The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Intonti, Nugent, and Sette
Approval of Minutes:
A MOTION was made by Mr. Lennox and SECONDED by Ms. Sette, to accept the minutes of the December 11, 2003 Meeting as drafted.
The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Intonti, Nugent, and Sette
Adjournment:
Motion to adjourn by Mr. Lennox seconded by Mr. Nugent
The VOTE; 5-0 IN FAVOR: Bylaska, Lennox, Intonti, Nugent, and Sette
The meeting adjourned at 9:20 PM
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