ZONING BOARD OF APPEALS
DECEMBER 8, 2005
MINUTES
Members Present: John Lennox, Kathryn Sette, Roger Thurston, William Nugent and Donald Intonti, alternate
Staff Present: Mary Elizabeth Burgess, Town Planner and Frank DeFelice, Building and Zoning Officer.
Mr. Lennox, called the meeting to order at 7:05 PM.
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.
FINDINGS OF FACTS:
1. The revised application plans will not violate the sideline setback.
2. The resubmitted plan does not have a defined measure of sideline setback, but the applicant will supply a true measure prior to receiving a building permit, showing that the new construction will not violate the set back.
A MOTION was made by Ms. Sette, SECONDED by Mr. Nugent to accept the Findings of Fact.
VOTE; IN FAVOR (4) - Nugent, Thurston, Sette and Lennox
AGAINST (0)
The Applicant was advised that only four of the members hearing the application initially were present and voting. The Applicant asked to go forward.
A MOTION was made by Ms. Sette, SECONDED by Mr. Nugent to GRANT A SPECIAL PERMIT to Avinash & Nilima Patwardhan to alter the existing structure by adding an expanded bedroom according to plans submitted to the Board on this date and signed by the Chairman. Granting of the special permit will not detrimental to the neighborhood nor does it derogate from the public good.
VOTE: IN FAVOR (4) Sette, Nugent, Thurston and Lennox
AGAINST: None
APPEAL Z#2005-16 - HARRY E. HUNT, III/ANDREW L. SINGER, Esq., Agent, seek a Special Permit and Variance under Eastham Zoning By-Laws Sections V, VI, IX, X, XIII & XIV to allow a maximum of nine (9) weddings and catered functions per calendar year among four (4) dwellings for property located at 70 & 76 Old state Highway, Eastham, Map 22 Parcels 9 & 10.
After much discussion , and the Board’s request that the Board of Health review the Applicant’s request and provide a determination, the applicant asked to continue this case until the next ZBA meeting on January 12, 2006.
A MOTION was made by Ms. Sette, SECONDED by Mr. Nugent to continue this Appeal until the January 12, 2006 meeting of the ZBA.
VOTE: IN FAVOR (5) Nugent, Thurston, Lennox, Sette and Intonti (voting as alternate)
AGAINST: None
APPEAL Z#2005-17 – DROHLSBAUGH NOMINEE TRUST/BENJAMIN E. ZEHNDER, LLC, seek a Special Permit under Eastham Zoning By-Laws Section VI-D to reconstruct a single-family dwelling within the existing footprint for property located at 21 Gail’s Way , North Eastham, Map 07 Parcel 572.
The Applicant requested a continuance until January 12, 2006.
A MOTION was made by Mr. Thurston, SECONDED by Ms. Sette to grant a continuance to the January 12, 2006 meeting of the ZBA.
VOTE: IN FAVOR (5) Nugent, Thurston, Lennox, Sette and Intonti (voting as alternate)
AGAINST: None
A MOTION was made by Mr. Nugent, SECONDED by Mr. Thurston to accept the Minutes of November 10, 2005.
VOTE: IN FAVOR (4) Nugent, Lennox, Sette and Thurston
AGAINST: None
A MOTION was made by Mr. Intonti, SECONDED by Ms. Sette to adjourn at 8:35 PM.
VOTE: IN FAVOR (5) Unanimous
Respectfully submitted,
__________________________________________
Roger Thurston, Clerk ZBA
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