ZONING BOARD OF APPEALS
FEBRUARY 12, 2004
MINUTES
Members Present: William R. Nugent-Vice Chairman, Kathryn Sette-Clerk, John Lennox, David Fleming - Alternate and Donald Intonti, Jr. - Alternate
Members Absent: Robert Bylaska-Chairman and Elaine Vaudreuil
Staff Present: Terry Whalen - Town Planner
Mr. Nugent (Acting Chairman) called the meeting to order at 7:00 PM.
Continued 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) sent in a letter requesting a continuance to the ZBA’s March meeting.
A MOTION was made by Ms. Sette and SECONDED by Mr. Lennox to continue the hearing until March 11, 2004. The VOTE; 5-0 IN FAVOR: Fleming, Intonti, Lennox, Nugent, and Sette
New Hearing:
APPEAL #Z2004-02 - MICHAEL GROMAN & MICHAEL GRIFFIN, 1330 Street Road, Chester Springs, PA 19425, seek a Special Permit under Eastham Zoning By-Laws, Section VI, Paragraph C to alter and expand an existing non-conforming dwelling and add a second story for property located at 135 Harmes Way, Map 001 Parcel 102.
Peter McDonald (Architect) provided an overview of the plans and discussed the results of the project’s review by the Conservation Commission.
The Chair asked if there was any public comment on this appeal, and there was none.
FINDINGS OF FACT:
Existing dwelling fails to meet the required side yard setback on the north and the required front yard setback from Harmes Way.
The proposed porch and stairs on the east would create new dimensional non-conformities, although they are less than those existing.
Proposed project results in Site Coverage Ratio that is second largest in the immediate area.
Second floor does not encroach into setback on the north.
There will be no construction on the other side of Harmes Way because it is marshland.
Ceiling heights are minimal on second floor which reduces the height impact on the site.
The proposal will have little impact on the neighborhood.
The nonconformity is intensified by the proposal.
The proposal causes no detriment to the community.
A MOTION was made by Mr. Lennox and SECONDED by Mr. Fleming to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Fleming, Intonti, Lennox, Nugent, and Sette
DECISION:
Based on the Findings of Fact, a MOTION was made by Ms. Sette and SECONDED by Mr. Lennox to Grant a Special Permit to Michael Groman & Michael Griffin, 1330 Street Road, Chester Springs, PA 19425, under Eastham Zoning By-Laws, Section VI, Paragraph C to alter and expand an existing non-conforming dwelling and add a second story for property located at 135 Harmes Way, Map 001 Parcel 102 upon the Condition: project is subject to approval by the Board of Health. The Board of Appeals finds that the issue of a Special Permit will not be detrimental to the neighborhood nor substantially derogate from the public welfare.
The VOTE; 5-0 IN FAVOR: Fleming, Intonti, Lennox, Nugent, and Sette
Approval of Minutes:
A MOTION was made by Mr. Intonti and SECONDED by Mr. Lennox, to accept the minutes of the January 14, 2004 Meeting as drafted.
The VOTE; 5-0 IN FAVOR: Fleming, Intonti, Lennox, Nugent, and Sette
Adjournment:
Motion to adjourn by Mr. Lennox seconded by Mr. Fleming
The VOTE; 5-0 IN FAVOR: Fleming, Intonti, Lennox, Nugent, and Sette
The meeting adjourned at 8:15 PM
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