ZONING BOARD OF APPEALS
AUGUST 11, 2005
MINUTES
Members Present: John Lennox, Chairman, Kathyrn Sette, Vice Chairman, Roger Thurston, Clerk, Robert Bylaska, William Nugent, Donald Intonti, Alternate and David Fleming, Alternate.
Staff Present: Sheila Vanderhoef, Town Administrator, Mary Elizabeth Burgess, Town Planner and Frank DeFelice, Building and Zoning Officer.
Mr. Lennox, (Chairman) called the meeting to order at 7:00 PM.
APPEAL Z#2005-07 - EMIDIO AVOLA seeks a Variance under Eastham Zoning By-Laws Section VI Paragraph C to enlarge a garage (adding 8’ X 24’) to an existing structure for property located at 99 Lillian Road, North Eastham, Map 04 Parcel 378.
Based on incorrect information given on the original application he was asked to withdraw without prejudice and complete a new application with the correct address (location) on it.
Decision: A MOTION was made by Mr. Bylaska, SECONDED by Ms. Sette to allow Mr. Avola to withdraw without prejudice.
Vote; In Favor (5) Unanimous
APPEAL Z#2005-08 - ROBERT & GRETCHEN BONDI, request an Appeal of Decision of Zoning Officer under Eastham Zoning By-Laws Section V-Uses in District A and Section III-Definitions-Service Trade to allow present service trade on property located at 35 Milbrode Avenue, Eastham, Map 07 Parcel 020.
Mr. Bondi stated his case commenting on the inconvenience of many trucks blocking the narrow roadway so he can’t even get to his own home. Also complained on the noise level at all hours day & evening. Sometimes 7:00 AM to 8:30 PM there are vehicles in the roadway Waiting for the electronic noisy gate to open so they can either unload or load up their vehicles. The police have been called several times and have been unable to do anything. Also we have been told several times not to walk down his side of the street.
What the board has to decide is whether this is a service trade or home occupation.
Mrs. Thomas addressed the board complaining about being harassed by Mrs. Bondi in the past. We have been called by her at least 27 times. We do live there, but occasionally spend time on our boat. We are trying to keep from arguing with the neighbors but are also trying to make a living.
We did have the property surveyed by Tim Brady who created a new plot plan and it was presented to the Building Inspector. There is still a question about the boundary and Tim Brady is going to clarify if the fence is in the proper location. There is still a question of the number of structures on this property.
Also does the business use 30% or more of this area? The two lots total size is about ½ acre. The business was started about 13 years ago and we do have permission from a neighbor to park in their yard. We have 3 trucks and a van registered.
After a long discussion these are the Findings of Facts the Board came up with;
FINDINGS OF FACTS:
Subject property is located in District A (Residential)
Subject property is located on a Private Road.
Property is surrounded on front and sides by 8' stockade fence and on the rear by 6' fence.
Property has been operating as a service trade.
5. The owner claims property as a principal residence.
6. Location of 8' fence on owners property is in question.
7. Owner claims ownership of two lots totaling approximately o.4 acres.
8. Business has been operating at this location for approximately 13 years.
9. Business has six (6) employees.
10. Business has four (4) vehicles registered, plus “Bobcat” mover and one(1) passenger car.
11. There is considerable evidence that the property has been used for contractor’s storage.
12. There has been testimony from several neighbors and abutters offering objection to noise and contractor activities.
13. There was also testimony from neighbors rebutting negative testimony.
14. Business shows evidence of expansion.
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Thurston and SECONDED by Mr. Nugent to have the ZBA overturn the Zoning Officer’s Decision and that the business in question is not a service trade in the accepted definition of a Home Occupation in Zoning District “A” for property at 35 Milbrode Avenue, Eastham, Map 07 Parcel 020.
The VOTE: 3 IN FAVOR - Lennox, Nugent & Thurston & 2 AGAINST -Sette& Bylaska
THE MOTION FAILS
THE MOTION DID NOT ATTAIN REQUIRED FOUR AFFIRMATIVE VOTES REQUIRED ---THEREFORE THIS REQUEST IS DENIED
CONTINUED:
APPEAL Z#2005-05 - BURTON SPOTTISWOODE & SCOTT SPOTTISWOODE/ROBERT LAWLESS, SEEK A Special Permit, Variance and Appeal of Decision of Zoning Officer under Eastham Zoning By-Laws Section VI, Paragraph C, to build 2 decks on a pre-existing structure increasing the non-conforming nature of the structure for property located at 2 Marion’s Way, Eastham, Map 07 Parcel 547.
With no one being present to represent this Appeal the Board made the following decision.
Decision;
A MOTION was made by Mr. Thurston, SECONDED by Ms. Sette to continue this Appeal Z2005-05 until the September 8, 2005 meeting of the ZBA.
John Knight, (Eastham taxpayer and owner of The Glass Eye) requested an informal discussion about his commercial property that is up for sale. His question was “Is it possible to have a new restaurant in the location of The Glass Eye? Not to long ago a catering kitchen was allowed in another location.
He was told that the Board never discusses what may happen in a possible future ZBA Appeal. It was also recommended that any prospective buyers read the Eastham Zoning By-Laws for information.
Vote: In Favor (5) Unanimous
The Minutes for April 7, 2005, April 21 ,2005, April 28, 2005 and May 6, 2005 and July 21, 2005 were reviewed.
Decision:
A MOTION was made by Ms. Sette and SECONDED by Mr. Bylaska to accept all the minutes as written.
Vote: In Favor (5) Unanimous
Adjournment:
A MOTION was made by Mr. Thurston and SECONDED by Mr. Bylaska to adjourn at 9:35 PM.
Vote: In Favor (5) Unanimous
Respectfully submitted,
__________________________________________
Roger Thurston, Clerk ZBA
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