ZONING BOARD OF APPEALS
FEBRUARY 10, 2005
MINUTES
Members Present:, Kathryn Sette-Chair, John Lennox - Clerk, William R. Nugent, and Donald Intonti, Jr.-Alternate
Members Absent: Robert Bylaska, Roger Thurston and 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.
Continued Hearing - Appeal of a Decision of the Building Inspector:
APPEAL Z#2004-16 - JANE FLEMING, PO Box 1222, North Eastham, MA 02651, Requests an Appeal of the Zoning Officer’s Decision not to issue a Building Permit, under Section VIII (B) of the Zoning Bylaws for a temporary retail structure during alteration of a commercial site for property located at 4680 State Highway, Eastham, Map 08 Parcel 202.
Susan Fleming (Applicant) updated the ZBA on the progress regarding the permitting process involved with developing a community water supply well on the property. A letter was provided indicating DEP approval to conduct a pump test had been obtained. The Applicant’s requested to continue hearing to the ZBA’s March 2005 meeting.
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to continue the hearing until March 10, 2005. The VOTE; 4-0 IN FAVOR (For: Intonti, Lennox, Nugent, and Sette).
New Hearing – Special Permit:
APPEAL Z#2005-01 - ALBERT L. PEMBERTON, 25 Bayview Road, Durham, NH 03824, seeks a Special Permit under Eastham Zoning By-Laws Section VI-C to expand by relocating side door and construct dormer in place of skylight pre-existing nonconforming structure for property located at 720 Campground Road, Eastham, Map 7A Parcel 031.
Albert Pemberton (Applicant) requested a continuance to the ZBA’s March Meeting.
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent to continue the hearing until March 10, 2005. The VOTE; 4-0 IN FAVOR (For: Intonti, Lennox, Nugent, and Sette).
New Hearing – Special Permit:
APPEAL #Z2005-02 - JANE & SUSAN FLEMING, 45 Ship’s Lantern Road, North Eastham, MA 02651, seeks a Special Permit under Eastham Zoning By-Laws Section V - Uses and Section VI, Paragraph D, to allow a donut shop and production area (catering kitchen) and alter existing nonconforming residential use to include retail and construction of a new 42’ by 60’ addition on property located at 4680 State Highway, Eastham, Map 08 Parcel 202.
Susan and Jane Fleming (Applicants) presented an overview of the history of their project and its components. Tim Klink (4665 State Highway) expressed concerns with the removal of trees and overall look of the project. The Chair informed the Applicant of the fact that only four voting members were sitting and any approval would require obtaining a favorable unanimous vote.
FINDINGS OF FACTS:
1. Zoning Board of Appeals granted a Special Permit with conditions in September 2003 (#Z2003-13) to alter a non-conforming property by converting an existing house to retail space, constructing a second building and allowing a catering kitchen with 11 seats on property located at 4680 State Highway, Eastham.
2. Conditions required by the Board in September 2003 were: 1) Site Plan Approval by the Planning Board 2) Approval from the MADEP for a Public Water Supply, 3) Approval by the Eastham BOH for sewage disposal and 4) Approval from the MA Highway Department for curb cut approval.
3. Building permit never granted because conditions 2), 3) and 4) were not met. Planning Board approval was granted thus resolving Condition 1.
4. Special Permit (#Z2003-13) expired October 7, 2004.
5. Existing structure, land and use are pre-existing nonconforming.
6. Property is less than 40,000 square feet (38,477 square feet)
7. Change of use of existing building from residential to office/retail makes dwelling more conforming.
8. Catering Kitchen with 11 seats will need to annually obtain license from the Selectmen.
9. Proposed uses are not specifically permitted or excluded in District D
APPEAL #Z2005-02 - JANE & SUSAN FLEMING (continued)
10. New construction of building for donut shop and production area/catering kitchen would comply with the required setbacks.
11. Public Water Supply will be located on abutting land owned by Mr. Gerry Hill. This water supply requires MA DEP review/approval.
12. Eastham Board of Health must review the project when final MA DEP approval is granted and a final septic plan is submitted.
13. State has granted approval for a test well site and further water quantity and quality testing.
14. Application for curb cut approval has been submitted.
1.
A MOTION was made by Mr. Nugent and SECONDED by Mr. Intonti to accept the Findings of Fact. The VOTE; 4-0 IN FAVOR (For: Intonti, Lennox, Nugent, and Sette).
DECISION:
A MOTION was made by Mr. Nugent and SECONDED by Mr. Intonti, based upon the Findings of Fact, to Grant a Special Permit under Eastham Zoning By-Laws Sections V and VI, to alter a non-conforming property by converting an existing house to retail space, constructing a second building and allowing a catering kitchen with 11 seats on property located at 4680 State Highway, Eastham, MA, Map 008 Parcel 202 subject to the following CONDITIONS: 1) Existing building’s exterior to be altered and landscaped simultaneously with construction of the new building. 2) Approval from the MA Department of Environmental Protection for a public water supply well. 3) Approval of the Eastham Board of Health for sewage disposal and 4) Approval from MA Highway Department for curb cut
approval. The VOTE; IN FAVOR: 4-0 Intonti, Lennox, Nugent and Sette
Approval of Minutes:
A MOTION was made by Mr. Lennox and SECONDED by Mr. Nugent, to accept the minutes of the January 13, 2005 Meeting. The VOTE; 3-0-1 IN FAVOR (For: Intonti, Lennox and Nugent / Abstain: Sette)
Adjournment:
Motion to adjourn by Mr. Nugent seconded by Mr. Intonti
The VOTE; IN FAVOR: 4-0 Intonti, Lennox, Nugent and Sette
The meeting adjourned at 8:50 PM
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