ZONING BOARD OF APPEALS
APRIL 8, 2004
MINUTES
Members Present: Robert Bylaska-Chairman, William R. Nugent-Vice Chairman, Kathryn Sette-Clerk, John Lennox, and David Fleming-Alternate
Members Absent: Elaine Vaudreuil and Donald Intonti, Jr.-Alternate
Staff Present: Frank DeFelice-Building Inspector and Terry Whalen-Town Planner
Mr. Bylaska (Chairman) called the meeting to order at 7:00 PM.
Continued Hearing:
APPEAL #Z2002-08 - WARREN LANE/LAND USE ASSOCIATES, PO Box 3183, Plymouth, MA 02361, 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, Map 012 Parcels 123-126.
Warren Lane (Applicant) 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
Mr. Bylaska recused himself from deliberations on APPEAL #Z2004-07
New Hearing:
APPEAL #Z2004-07 - HVM HOLDINGS, LLC / LAND CAPE INC., 5 Deer Trail Road Saddle River, NJ 07458, seeks a Special Permit under Eastham Zoning By-Laws Section VI Paragraph C to demolish existing one-story nonconforming structure and construct new two-story residential dwelling for property located at 90 Blueberry Drive, Eastham, Map 21 Parcels 44 & 45.
The Board informed the Applicant they only had four (4) voting members able to sit on this case and would require affirmative votes from all four (4) members to gain approval. Tim Klink (Land Cape Inc.) agreed to go forward. Mr. Klink provided an overview of the project and explained the details of the proposed design and conservation issues/approvals. Several Board members expressed concerns with increasing the existing nonconformities. Anthony Young (85 Blueberry Drive) raised concerns regarding construction activities damaging a drainage pipe that run across the front of the property in question. James Sexton (295 Corliss Way) expressed concerns with the addition of a second story creating an imposing structure.
FINDINGS OF FACT:
Existing structure is non-conforming in that the side and front setbacks are less than the required minimums.
Deck addition as drawn on the floor plan creates an additional nonconforming setback from the unnamed way
Addition of a second floor, intensifies the non-conformities and creates a more imposing facade along Blueberry Drive.
Proposed addition increases the Site Coverage Ratio of the property from approximately 0.058 to 0.102, which is over the existing vicinity average of 0.048.
Most of the nearby properties are single story.
Abutter expresses concern about damage to a drainage conduit during construction.
Abutter is concerned about the addition of a second floor encroaching on the setback.
Applicant agrees to protect the drainage conduit.
Applicant owes the Conservation Commission a Landscape Plan
Applicant has agreed to follow the requirements of the Board of Health for the septic system.
Increase of the “no mow” zone and restoration of vegetation to an increased area is noted.
A MOTION was made by Mr. Fleming and SECONDED by Mr. Lennox to accept the Findings of Fact. The VOTE; 4-0 IN FAVOR: Fleming, Lennox, Nugent, and Sette
Based upon the Boards findings, several members of the Board suggested the Applicant explore some design changes. The Applicant agreed to review their design options further.
APPEAL #Z2004-07 - HVM HOLDINGS, LLC / LAND CAPE INC. (continued)
A MOTION was made by Mr. Lennox and SECONDED by Mr. Fleming to continue the hearing until its May 13, 2004 meeting. The VOTE; 4-0 IN FAVOR: Fleming, Lennox, Nugent, and Sette
Mr. Bylaska rejoined the Board to deliberate on the remaining Appeals.
New Hearing:
APPEAL #Z2004-08 - WALTER & MARY MAKAR, 60 Pleasant Street, Berlin, MA 01503, seek a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C, to demolish existing one-story nonconforming structure and construct a new two-story residential dwelling for property located at 220 Pierce Road, Eastham, Map 004 Parcel 526.
Tim Klink (Land Cape Inc.) provided an overview of the project and explained the details of the proposed design. Several Board members expressed concerns with increasing the existing nonconformities. The Chair asked if there was any public comment on this appeal, and there was none.
FINDINGS OF FACT:
Existing dwelling is pre-existing non-conforming in that it has a front yard setback less than the required 30 feet and a side yard setback less than the required 25 feet.
Lot area is 9,000 square feet which is less than the vicinity average of 10,803 square feet.
Existing Site Coverage Ratio (SCR) for the property is 0.094, greater than the vicinity average of 0.082.
Proposed second floor addition increase the SCR to 0.188.
Proposed second floor addition intensifies the existing non-conformities.
Rear addition continues the side yard setback non-conformity and the second story addition creates a more imposing facade on Pierce Road.
Board of Health approval has required a deed restriction for use as only three (3) bedroom.
Lot is very small, less than 1/5 acre.
A MOTION was made by Mr. Fleming and SECONDED by Mr. Lennox to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, Lennox, Nugent, and Sette
APPEAL #Z2004-08 - WALTER & MARY MAKAR (continued)
Based upon the Boards findings, several members of the Board suggested the Applicant explore some design changes. The Applicant agreed to review their design options further.
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to continue the hearing until May 13, 2004. The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, Lennox, Nugent, and Sette
New Hearing:
APPEAL #Z2004-09 - 4565 DUDA REALTY TRUST/BOGUSHA DUDA, 4565 State Highway, Eastham, MA, seeks a Special Permit under Eastham Zoning By-Laws Section VI-D to expand an existing nonconforming use/structure by adding a retail convenience store in an existing filling station for property located at 4565 State Highway, Eastham, Map 008 Parcel 286A.
Ben Zehnder (Attorney) provided an overview of the project’s history including law suits, Planning Board review and environmental cleanup. The Board discussed the need of a public water supply for the project and the importance of the environmental cleanup of the site to proceed in compliance with DEP regulations in great detail. Janet Demetri (Friendly Fisherman Restaurant) expressed her concerns regarding water quality in the area, need for a public water supply to serve hot beverages, handicapped accessible bathrooms, and the adequacy of septic system for increased use. Richard Ryder (375 Silver Spring Road), a former Conservation Commission member, expressed his support for the project noting: Applicant’s (new owner) attention to the current filling station operation,
maintaining micro-retention grooves for spills, installation of double walled tanks and the added convenience of store would provide for residents on west side of Route 6.
FINDINGS OF FACT:
Existing business currently operates as a filling station.
Both the structure and the use are pre-existing nonconforming.
Project has a Site Plan Approval Special Permit from the Planning Board expiring on June 14, 2004.
This project was denied by the ZBA in 1999.
ZBA’s decision (1999) was upheld on an appeal filed by the original applicant.
Zoning District D, in which the property is located, permits retail use.
Site is currently in non-compliance with the cleanup requirements of the DEP regulation of oil and hazardous materials.
Neighboring businesswoman expressed concerns about water issue.
Resident on Route 6 (west side) appreciates work done already and wants ability to use store in that area.
DEP public water supply approval is required for the proposed business.
APPEAL #Z2004-09 - 4565 DUDA REALTY TRUST/BOGUSHA DUDA (continued)
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to accept the Findings of Fact. The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, 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 on APPEAL #Z2004-09 - 4565 DUDA REALTY TRUST/BOGUSHA DUDA, 4565 State Highway, Eastham, MA, for a Special Permit under Eastham Zoning By-Laws Section VI-D to expand an existing nonconforming use/structure by adding a retail convenience store in an existing filling station for property located at 4565 State Highway, Eastham, Map 008 Parcel 286A subject to the following CONDITIONS prior to obtaining a Building Permit: 1) Approval be granted from the MA Department of Environmental Protection (DEP) for a public water supply well. 2) MA DEP RTN4-0921 compliance requirements be met and 3) Approval be granted from the Eastham Board of Health.
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: Bylaska, Fleming, Lennox, and Sette / Against: Nugent
Approval of Minutes:
A MOTION was made by Ms. Sette and SECONDED by Mr. Lennox, to accept the minutes of the March 11, 2004 Meeting as drafted. The VOTE; 4-0-1 IN FAVOR: For: Fleming, Lennox, Nugent, and Sette / Abstain: Bylaska
Adjournment:
Motion to adjourn by Mr. Lennox seconded by Mr. Nugent
The VOTE; 5-0 IN FAVOR: Bylaska, Fleming, Lennox, Nugent, and Sette
The meeting adjourned at 10:15 PM
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