ZONING BOARD OF APPEALS
SEPTEMBER 8, 2005
MINUTES
Members Present: John Lennox, Chairman, Kathyrn Sette, Vice Chairman, Roger Thurston, Clerk, Robert Bylaska, William Nugent and David Fleming, Alternate
Staff Present: 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#2005-10 - EMIDIO AVOLA seeks a Variance under Eastham Zoning By-Laws Section IX, Paragraph B to enlarge a garage (adding 8’ X 24’) to an existing structure for property located at 95 Lillian Road, North Eastham, Map 04 Parcel 378.
After a review of this application it was decided that the existing structure is pre-existing nonconforming and the application should be for a Special Permit and not a Variance. The Board members agreed.
The Applicant then asked to have the application changed for a Special Permit.
Decision: A MOTION was made by Ms. Sette, SECONDED by Mr. Bylaska to allow Mr. Avola to change his Appeal from a Variance to a Special Permit
Vote; In Favor (5) Unanimous
Findings of Fact:
1. The property is located at 96 Lillian Road, Map 04 Parcel 378
2. Existing house and garage are pre-existing nonconforming
3. Proposed addition will increase the nonconforming nature of the structure
4. No abutters appeared in opposition to the application
Decision: A MOTION was made by Ms. Sette, SECONDED by Mr. Bylaska To accept the Findings of Fact as read.
Vote: In Favor (5) Unanimous
Decision: A MOTION was made by Mr. Nugent, SECONDED by Ms. Sette to GRANT A SPECIAL PERMIT to Emidio Avola to enlarge a garage to existing structure according to plans submitted to and signed by Chairman of Zoning Board of Appeals for property located at 95 Lillian Road, Map 04 Parcel 378. Said alteration may not be converted to habitable space and must be so noted on property deed. In making this determination the Zoning Board of Appeals finds that the alteration will not be detrimental to the neighborhood nor derogate from the public good.
Vote: In Favor (4) Lennox, Sette, Bylaska & Nugent - Opposed (1) Thurston
APPEAL Z#2005-09 - JAMES & KAY PEYTON seeks a Special Permit under Eastham Zoning By-Laws Section VI-C , for an addition of a three season room to an existing non-conforming structure for property located at 45 Western Avenue, Eastham, Map 07 Parcel 035.
Representing the owners is Brian Duboy, the builder. He proceeded to give a brief description of the proposed project.
Findings of Fact;
1. Proposed addition will be 16' X 16'
2. Applicant will require a Variance since the property is currently conforming
3. Proposed addition will result in a conformity
4. Proposed addition will be 25' from the Road
5. Applicant has adequate space for expansion to the rear and sideline setbacks
6. The lot is approximately 0.5 + acres
7. Present conformity is evidenced by apparent dimensions of septic plan
At this time the Applicant requested a withdrawal without prejudice.
A MOTION was made by Mr. Thurston, SECONDED by Mr. Bylaska to allow the Applicant to withdraw without prejudice.
Vote: IN Favor (5) Unanimous - (Mr Fleming not voting)
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.
The Applicant’s representative, Robert C. Lawless requests a withdrawal without prejudice for a Special Permit/Variance for this appeal.
A MOTION was made by Mr. Thurston, SECONDED by Mr. Fleming to allow the Applicant to withdraw without prejudice.
Vote: In Favor (4) Bylaska, Thurston, Fleming and Lennox
Opposed: (1) Sette
Zoning Board of Appeals advised the Building Inspector to place a Stop Work Order on all construction at the property except that which will allow the applicant to make efforts to become conforming, including but not limited to height restrictions, and further to determine if the revised plans will require a site plan review.
A MOTION was made by Mr. Thurston, SECONDED by Ms. Sette to approve the Minutes of August 11, 2005.
Vote: In Favor (5) Unanimous
A MOTION was made by Mr. Thurston, SECONDED by Mr. Nugent to approve the Minutes of February 24, 2005
Vote: In Favor (5) Unanimous
A MOTION was made by Ms. Sette, SECONDED by Mr. Thurston to approve the Minutes of March 3, 2005 as amended.
Amendment to Minutes of March 3, 2005 - Insert on page 3 between motion on findings of fact and “Decision”
Vote: In Favor (5) Unanimous
A MOTION was made by Mr. Thurston, SECONDED by Mr. Nugent to adjourn at 8: 45 PM.
Vote: In Favor (5) Unanimous
Respectfully submitted,
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Roger Thurston, Clerk ZBA
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