ZONING BOARD OF APPEALS
NOVEMBER 10, 2005
MINUTES
Members Present: John Lennox, Kathryn Sette, Roger Thurston, Robert Bylaska and William Nugent
Staff Present: Mary Elizabeth Burgess, Town Planner and Frank DeFelice, Building and Zoning Officer.
Mr. Lennox, called the meeting to order at 7:00 PM.
APPEAL Z#2005-13 - MARY ANN MAKER/TIMOTHY KLINK seek a Special Permit and Variance under Eastham Zoning By-Laws Section VI-C to demolish pre-existing structure and replace it with a new home for property located at 220 Pierce Road, Eastham, Map 04 Parcel 526.
Findings of Fact:
1. The Planning Board reviewed and approved the Site Plan.
2. The existing structure is a 2 bedroom one story dwelling (26'X34') with a footprint of 596 sq. ft.
3. The Lot is 8,276 sq. ft.
4. Property is pre-existing / nonconforming.
5. The Board of Health has approved septic system for three bedrooms.
6. The proposed alteration will increase the nonconforming nature of the dwelling.
7. The proposed alteration will be 26 ft X 34 ft. - (1435 sq. ft.)
8. Building extension will be supported by concrete piers to protect the septic system.
9. The new building plans include a 2nd story.
A MOTION was made by Ms. Sette, SECONDED by Mr. Bylaska to accept the Findings of Fact.
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Ms. Sette, SECONDED by Mr. Bylaska to Grant a Special Permit to the applicant to demolish the existing structure and erect a 2 story structure according to plans submitted to the Board and Signed by the Chairman on this date. The Board of Appeals finds that the issuance of a Special Permit will not be detrimental to the neighborhood nor substantially derogate from the public welfare.
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Ms. Sette, SECONDED by Mr. Thurston to allow the applicant to withdraw the application for a Variance without prejudice.
VOTE: IN FAVOR (5) Unanimous
APPEAL Z#2005-14 - AVINASH & NILIMA PATWARDHAN seek a Special Permit under Eastham Zoning By-Laws Section VI-C to extend a bedroom on a non-conforming structure for property located at 13 Horton Way, Eastham, Map 07 Parcel 495.
The applicant requested a continuance until the next ZBA meeting on December 8, 2005.
A MOTION was made by Mr. Thurston, SECONDED by Mr. Nugent to continue this Appeal until December 8, 2005.
VOTE; IN FAVOR (5) Unanimous
APPEAL Z#2005-15 - BRADFORD & LISA KIMLER/DAVID J. SKIBA seek a Special Permit under Eastham Zoning By-Laws, Section VI-C and MGLA CH. 40A Section 6, to demolish and rebuild a non-conforming single family structure with a second floor and full foundation on the existing footprint for property located at 27 Bayberry Lane, Eastham, Map 13 Parcel 155.
Findings of Fact:
1. The proposed structure is a 2 story dwelling with partial basement totaling 2,194 sq. ft.
2. The existing structure has 2 bedrooms, 883 sq. ft. and was built in 1947.
3. The septic system has been approved by the Board of Health.
4. Conservation Commission has approved this project with an order of condition.
5. The Planning Board has conducted a site plan review and approved the plans presented.
6. The plans presented will increase the intensity of nonconformity.
7. The applicant agrees not to increase the number of bedrooms.
A MOTION was made by Ms. Sette, SECONDED by Mr. Nugent to accept the Findings of Fact.
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Mr. Thurston, SECONDED by Ms. Sette to Grant a Special Permit to alter and reconstruct a 2 story dwelling with a partially finished basement with full foundation , according to plans submitted to the Board on this date and signed by the Chairman, conditioned that the applicant will not alter the approved basement plan in the future without application and approval of the Zoning Board of Appeals.
VOTE: IN FAVOR (5) Unanimous
APPEAL Z#2005-11 - ROBERT POULIOT/ROBERT KRAUS/SCOTT & BURTON SPOTTISWOODE, seeks appeal 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.
The applicant has requested a continuance until December 8, 2005.
Findings of Fact:
!. The applicant has been granted continuances twice in the past.
2. The most recent request for a continuance was made out of convenience to the applicant.
3. The applicant is not present and no evidence was presented to indicate why final action should not be taken.
4. The Zoning Board of Appeals heard this case previously and acted to uphold the decision of the Building Inspector.
5. Decisions were made on August 12, 2004 and the owner of property in question was permitted to withdraw his appeal on September 21, 2004.
6. Plans submitted to the Building Inspector by Spottiwoode did not require a Site Plan Review.
A MOTION was made by Ms. Sette, SECONDED by Mr. Bylaska to accept the Findings of Fact.
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Mr. Thurston, SECONDED by Ms. Sette to Grant a Continuance of this Appeal.
VOTE: IN FAVOR (1) Mr. Thurston
AGAINST: (4) Ms. Sette, Mr. Nugent, Mr. Lennox & Mr. Bylaska
A MOTION was made by Ms. Sette, SECONDED by Mr. Nugent to uphold the Building Inspector’s decision to issue a building permit with conditions to Mr. Spottiswoode according to plans submitted to the building Inspector.
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Mr. Thurston, SECONDED by Mr. Bylaska to accept the Minutes of October 14, 2005.
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Mr. Thurston, SECONDED by Mr. Nugent to Adjourn at 8:25 PM.
VOTE: IN FAVOR (5) Unanimous
Respectfully submitted,
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Roger Thurston, Clerk ZBA
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