ZONING BOARD OF APPEALS
OCTOBER 13, 2005
MINUTES
Members Present: Roger Thurston, Robert Bylaska, Donald Intonti, Alternate and David Fleming, Alternate.
Staff Present: Mary Elizabeth Burgess, Town Planner and Frank DeFelice, Building and Zoning Officer.
In the absence of the Chairman and Vice Chairman, Mr. Thurston conducted the meeting in his capacity as Clerk.
Mr. Thurston, called the meeting to order at 7:00 PM.
(The tape was incorrectly placed in recorder, so the first few minutes of the meeting are not recorded------not significant)
CONTINUED:
APPEAL Z#2005-11 - ROBERT POULIOT/ROBERT KRAUS/SCOTT & BURTON SPOTTISWOODE, seek an Appeal of the Decision of the Zoning Officer under Eastham Zoning By-Laws Section IX-7-2 & D-1, Section XIV-A & E 1-3 to enforce the Eastham Zoning By-Laws pursuant to G.L. 40A Section 7, for property located at 2 Marion’s Way, Eastham, Map 07 Parcel 547.
At the written request of Attorney Robert Kraus to continue this case to November 10, 2005 -
A MOTION was made by Mr. Bylaska, SECONDED by Mr. Intonti to do so.
VOTE: IN FAVOR (4) UNANIMOUS
APPEAL Z#2005-12 - VICTOR STILLWELL/PAM DROLSBAUGH, seeks an Appeal of the Decision of the Zoning Office to issue a building permit under Eastham Zoning By-Laws Section XIV, Site Plan Approval-Residential to allow the owner to raise a structure 8’ obstructing abutter’s view of Cape Cod Bay for property located at 21 Gail’s Way, Eastham, Map 07 Parcel 572
Applicant made a lengthy presentation.
Findings of Fact:
1. The building inspector received an application for a building permit for the property in question. A building permit was issued to the owner.
2. In order to require a Site Plan Review by the Planning Board for lots under 20,000 sq. ft. a proposed addition or expansion of an existing dwelling must exceed 2.5% of the lot area and/or a site coverage ratio including the addition that exceeds 15% and where the site coverage of a new dwelling -----causes the site coverage ratio to exceed 15%.
3. The proposed alteration of the property in question will not increase the sq. footagage. By more than 2.5% nor will the lot coverage be in excess of 15%.
A MOTION was made by Mr. Fleming, SECONDED by Mr. Intonti to accept the Findings of Fact.
VOTE: IN FAVOR (4) Unanimous
The applicant requested to withdraw without prejudice.
A MOTION was made by Mr. Bylaska, SECONDED by Mr. Fleming to allow the applicant to withdraw without prejudice.
VOTE: IN FAVOR (4) Unanimous
Mr. Thurston noted a letter he received in the package addressed to the Chairman from James and Kay Peyton in which th Peytons severely criticized the board members for not granting their request to add to their dwelling. The letter implied that the board members were insensitive, capricious, and were “an embarrassment to the Town”. A discussion took place in which the Planner was asked if the Peytons understood why the Board felt that a Variance was required. Members agreed that the Board did not rule, but offered to allow the Peytons to withdraw without prejudice which they did. The Board agreed that the contents of the letter were without merit.
A MOTION was made by Mr. Bylaska, SECONDED by Mr. Intonti to approve the Minutes of September 8, 2005.
VOTE: IN FAVOR (4) Unanimous
A MOTION was made by Mr. Bylaska, SECONDED by Mr. Fleming to Adjourn at 9:07 PM.
VOTE: IN FAVOR (4) Unanimous
Respectfully submitted,
__________________________________________
Roger Thurston, Clerk ZBA
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