ZONING BOARD OF APPEALS
JANUARY 12, 2006
MINUTES
Members Present: John Lennox, Kathryn Sette, Roger Thurston, William Nugent, Robert Bylaska 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 7:00 PM.
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.
FINDINGS OF FACTS:
1. Property in question is located at 70 & 76 Old State Highway in Zoning District “A”.
2. Property consists of 4 dwelling units with a total of 11 bedrooms on 1 1/2 acres.
3. Applicant has stated that the property has been rented for catered functions.
4. Newly renovated garage/barn has kitchen facilities and sleeping space.
5. Property has two separate parking areas and fronts on Old County Highway.
6. There are three structures on the front lot consisting of 3/4 Acre and are used as habitable dwellings.
7. The rear lot has one dwelling unit.
8. The property has been operated as a business as described by the owner.
9. The Applicant has not submitted evidence to meet the requirements for a variance.
10. The Police department has logged 5 official complaints int the past three years against the owner.
11. Rental applications for 70A & 70B and 76 Old County Highway were not submitted but would have been approved by the Town Clerk as rental only and usage would specifically exclude catered
f unctions.
12. The business does not qualify as a home occupation or service industry.
13. Property is serviced by a municipal water supply.
14. Health Inspector has determined that the septic system is not large enough to support proposed activity.
15. D.E.P. states that the function use would constitute an increase in flow.
16. Property is pre-existing, nonconforming in size (parcel #9 ) and parcel #10 in size and frontage.
17. Property has been used for activities that are not permitted by the Eastham By-Laws.
18. The Applicant has received 4 letters of support from abutters; (3 abutters present were opposed and 2 spoke favorably for the application).
A MOTION was made by Mr. Nugent, SECONDED by Ms. Sette to accept the Findings of Fact.
VOTE: IN FAVOR (5) Nugent, Thurston, Sette, Lennox and Intonti (sitting as an alternate)
DECISION: A MOTION was made by Ms. Sette, SECONDED by Mr. Intonti to GRANT A SPECIAL PERMIT UNDER Eastham Zoning By-Laws Sections V, VI, IX, X, XIII, XIV to allow weddings, and catered functions among four dwellings to HARRY E. HUNT, III, for property located at 70 & 76 Old State Highway, Map 22 Parcels ( & 10 with the following conditions:)
1. All requirements of the Board of Health and D.E.P. are met.
2. All parking at events will be supervised by a police detail.
3. A maximum of 100 people will be permitted at any function.
4. No catered function will be permitted in the months of July and August.
5. The property will be rented as one compound.
6. There will be no amplification of sound including music during activities.
7. All food preparation will be accomplished off-site.
8. The applicant is required to develop an acceptable parking plan in conjunction with the Eastham Police Dept.
9. Septic upgrade is required if approval is granted.
VOTE: IN FAVOR (1) Ms. Sette
OPPOSED (4) Nugent, Thurston, Intonti and Lennox
THE APPLICATION IS DENIED
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 requests a withdrawal without prejudice.
A MOTION was made by Ms. Sette, SECONDED by Mr. Nugent to allow a withdrawal without prejudice by the applicant for Appeal #2005-17 - Drohlsbaugh Trust/Benjamin E. Zehnder.
VOTE: IN FAVOR (5) Nugent, Thurston, Lennox, Sette and Intonti (voting as alternate)
AGAINST: None
CASE Z2006-01 - VICTOR STILWELL/MARY STILWELL/KEN RIGA/MICHAEL D. FORD, Esq., are Appealing the Decision of the Zoning Officer to demolish and reconstruct a single family residence for property located at 21 Gail’s Way, Eastham, Map 7 Parcel 572.
The applicant requests a withdrawal without prejudice.
A MOTION was made by Ms. Sette, SECONDED by Mr. Nugent to allow a withdrawal without prejudice by the applicant for Appeal 2006-01-Victor Stilwell/Ken Riga/Michael D. Ford, Esq.
VOTE: IN FAVOR (5) Nugent, Thurston, Lennox, Sette and Intonti (voting as alternate)
AGAINST: None
CASE Z2006-02 - ROBERT POULIOT/LYNNE GARIBOTTO/ROBERT KRAUS,Esq. Atty. seeks an Appeal under G.L. C. 40A Sec. 1X D 1 Sec. XIV A & D of the Decision of the Zoning Officer’s issuance of a foundation permit for construction of a house for property located at 2 Marion’s Way, Eastham, Map 7 Parcel 547.
A MOTION was made by Mr. Bylaska, SECONDED by Mr. Intonti to continue this Appeal until the next scheduled meeting of the Zoning Board of Appeals on February 9, 2006.
VOTE: IN FAVOR (5) Nugent, Thurston, Lennox, Sette and Intonti (voting as alternate)
AGAINST: None
A MOTION was made by Mr. Intonti, SECONDED by Mr. Nugent to accept the Minutes of December 8, 2005 as ammended.
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Mr. Bylaska, SECONDED by Ms. Intonti to adjourn at 8:55 PM.
VOTE: IN FAVOR (5) Unanimous
Respectfully submitted,
__________________________________________
Roger Thurston, Clerk ZBA
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