ZONING BOARD OF APPEALS
MARCH 11, 2004
MINUTES
Members Present: William R. Nugent-Vice Chairman, Kathryn Sette-Clerk, John Lennox, Elaine Vaudreuil and Donald Intonti, Jr.-Alternate
Members Absent: Robert Bylaska-Chairman and David Fleming-Alternate
Staff Present: Frank DeFelice-Building Inspector and 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 to withdraw the appeal without prejudice.
A MOTION was made by Ms. Sette and SECONDED by Ms. Vaudreuil to accept the request for withdrawal without prejudice.
The VOTE; 5-0 IN FAVOR: Intonti, Lennox, Nugent, Sette and Vaudreuil
New Hearing:
APPEAL #Z2004-03-SEAMEN’S BANK/LESTER J. MURPHY, Jr., 221 Commercial Street, Provincetown, MA 02657, seeks a Variance under MGL Chapter 40A, Section 10 from the Eastham Zoning By-Laws Section IX, B-2 to construct a new bank facility within less than 100' of a Way on property located at 4355/4365 State Highway and Old County Road, Eastham, Map 08 Parcels 145A&B
Jay Murphy (Attorney) provided an overview of the plans and discussed the results of the project’s review by the Conservation Commission. The Board reviewed three letters of no opposition submitted by abutters. The Chair also asked if there was any public comment on this appeal from the audience, and there was none.
FINDINGS OF FACT:
Proposed demolition of the buildings has been reviewed by the Eastham Historical Commission and the six month demolition delay was invoked until May 7, 2004.
Planning Board has issued Site Plan Approval incorporating measures to enhance screening of the project
Abutters at 15 and 25 Old County Road and the Oak Grove Cottage Association submitted letters of no opposition.
Access is limited to avoid traffic congestion and hazards.
Pursuant to Massachusetts State Law three thresholds must be met before a variance may be approved this application addresses them as follows:
- Triangular shape of the parcel, almost entirely isolated by developed and undeveloped “ways” is unique to the district.
- Unique shape and the surrounding “ways” creates an almost unbuildable area within the required setbacks, thus creating a hardship.
- Existing and proposed landscaping incorporates measures to screen and enhance the proposed development and the building is designed to incorporate features and materials used on the antique farmhouse which it replaces.
A MOTION was made by Mr. Lennox and SECONDED by Ms. Vaudreuil to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Intonti, Lennox, Nugent, Sette and Vaudreuil
APPEAL #Z2004-03-SEAMEN’S BANK/LESTER J. MURPHY, Jr. (continued)
DECISION:
Based on the Findings of Fact, a MOTION was made by Ms. Sette and SECONDED by Mr. Lennox to Grant a Variance on APPEAL #Z2004-03 - Seamen’s Bank/Lester J. Murphy, Jr., 221 Commercial Street, Provincetown, MA 02657, under MGL Chapter 40A, Section 10 from the Eastham Zoning By-Laws Section IX, B-2 to construct a new bank facility within less than 100' of a Way on property located at 4355/4365 State Highway and Old County Road, Eastham, Map 08 Parcels 145A&B upon the Conditions: project is constructed in accordance with Site Plan Approval Special Permit issued by the Planning Board and subject to approval by the Board of Health.
The Board of Appeals finds that the grant of this variance will not be detrimental to the neighborhood nor substantially derogate from the public welfare.
The VOTE; 5-0 IN FAVOR: Intonti, Lennox, Nugent, Sette and Vaudreuil
New Hearing:
APPEAL #Z2004-04-RICHARD R. HEDLUND, PO Box 702, Eastham, MA O2642, seeks a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C to alter and expand an existing non-conforming structure for property located at 54 Dyer Prince Road, Eastham, Map 20 Parcel 001A.
Richard Hedlund (Applicant) provided an overview of the plans and discussed the results of the project’s review by the Conservation Commission. The Board reviewed one letter of no opposition submitted by a direct abutters. The Chair also asked if there was any public comment on this appeal from the audience, and there was none.
FINDINGS OF FACT:
Existing lot does not have the required minimum 40 feet frontage nor does it have the required minimum 40 foot panhandle width.
While the use of the property will remain unchanged, creating little or no impact on the nonconforming frontage/panhandle width, the new construction creates an additional rear-yard setback non-conformity
Direct abutter has no objection to the proposal.
Conservation Commission approval is required.
A MOTION was made by Mr. Lennox and SECONDED by Ms. Vaudreuil to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Intonti, Lennox, Nugent, Sette and Vaudreuil
APPEAL #Z2004-04-RICHARD R. HEDLUND (continued)
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Intonti and SECONDED by Ms. Vaudreuil to Grant a Special Permit on APPEAL #Z2004-04 - Richard R. Hedlund, PO Box 702, Eastham, MA O2642, under Eastham Zoning By-Laws Section VI, Paragraph C to alter and expand an existing non-conforming structure for property located at 54 Dyer Prince Road, Eastham, Map 20 Parcel 001A upon the Condition: project is subject to approval by the Conservation Commission.
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: Intonti, Lennox, Nugent, Sette and Vaudreuil
New Hearing:
APPEAL #Z2004-05-STEPHANIE L. FIELDS & KYLE MORSE, 125 Oakwood Road, Eastham, MA 02642, seeks a Special Permit under Eastham Zoning By-Laws Section V - Uses, to construct a barn to house a horse, on property located at 125 Oakwood Road, Eastham, Map 02 Parcel 48A.
Stephanie Fields (Applicant) provided an overview of the plans and discussed the results of the project’s review by the Conservation Commission. The Board reviewed three letters of no opposition submitted by three abutters. Connie Cunnigham (30 Knowles Street) reported on research conducted by the Massachusetts Public Health Department regarding nutrients and horse waste. The Chair also asked if there was any public comment on this appeal from the audience, and there was none.
FINDINGS OF FACT:
Proposed 12' x 16' barn does not meet the required Town accessory building setbacks (30 feet) along Oakwood Crossing (12 feet provided).
Three abutters wrote letters expressing no objections.
Waste will be transported to the transfer station and kept in stainless barrels on-site.
Urine will be handled with lime application.
Rodent control will be addressed with secure food storage and insect control will be addressed with suitable pesticides.
Eastham horse owner asserts nitrogen from horse urine evaporates.
Applicant noted 12 foot setback shown is a mistake and is willing to comply with the setback requirements.
APPEAL #Z2004-05-STEPHANIE L. FIELDS & KYLE MORSE (continued)
A MOTION was made by Ms. Vaudreuil and SECONDED by Mr. Lennox to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Intonti, Lennox, Nugent, Sette and Vaudreuil
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Intonti and SECONDED by Ms. Vaudreuil to Grant a Special Permit on APPEAL #Z2004-05 - Stephanie L. Fields & Kyle Morse, 125 Oakwood Road, Eastham, MA 02642, under Eastham Zoning By-Laws Section V - Uses, to construct a barn to house a horse, on property located at 125 Oakwood Road, Eastham, Map 02 Parcel 48A upon the Condition: barn is located within required setbacks.
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; 4-0-1 IN FAVOR: For: Intonti, Lennox, Sette and Vaudreuil / Abstain: Nugent
New Hearing:
APPEAL #Z2004-06 - GROVE PROPERTIES, LLC./GREGORY A. WOLFE, PO Box 821, Eastham, MA 02642, 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 1975 State Highway, Eastham, Map 15 Parcel 108.
FINDINGS OF FACT:
Property consists of one year-round single family dwelling, one garage, one shed and nine seasonal cottages situated on 2.7 acres between State Highway and Kris Lane.
Applicants attached covenant agreement outlining a proposal to designate nine units as seasonal use only (April 1 to November 30) and the remaining unit as a year-round manager’s unit.
Septic system and water supply conforms to requirements of the Town.
Garage was changed to laundry with a second floor seasonal office.
Master deed will dictate and designate parking spaces.
Only the form of ownership, not the use will change.
Abutter expressed concern with behavior of condominium owners.
Abutter is concerned that a management company may take over in the future.
A MOTION was made by Mr. Intonti and SECONDED by Ms. Vaudreuil to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Intonti, Lennox, Nugent, Sette and Vaudreuil
APPEAL #Z2004-06 - GROVE PROPERTIES, LLC./GREGORY A. WOLFE (continued)
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Lennox and SECONDED by Ms. Vaudreuil to Grant a Special Permit on APPEAL #Z2004-06 - GROVE PROPERTIES, LLC./GREGORY A. WOLFE, PO Box 821, Eastham, MA 02642, under Section VI(G) - Non-Conforming Uses, to convert an existing Cottage Colony to Condominium form of ownership for property located at 1975 State Highway, Eastham, Map 15 Parcel 108.
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; 4-1 IN FAVOR: For: Intonti, Lennox, Sette and Vaudreuil / Against: Nugent
Approval of Minutes:
A MOTION was made by Ms. Sette and SECONDED by Mr. Lennox, to accept the minutes of the February 12, 2004 Meeting as drafted.
The VOTE; 4-0-1 IN FAVOR: For: Intonti, Lennox, Nugent, and Sette / Abstain: Vaudreuil
Adjournment:
Motion to adjourn by Mr. Lennox seconded by Mr. Nugent
The VOTE; 5-0 IN FAVOR: Intonti, Lennox, Nugent, Sette and Vaudreuil
The meeting adjourned at 9:15 PM
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