ZONING BOARD OF APPEALS
FEBRUARY 9, 2006
MINUTES
Members Present: Kathryn Sette, Roger Thurston, William Nugent, Robert Bylaska, Donald Intonti, Alternate and David Fleming, Alternate
Staff Present: Mary Elizabeth Burgess, Town Planner and Frank DeFelice, Building Inspector & Zoning Officer.
Ms. Sette, (acting as Chairman) called the meeting to order at 7:07 PM.
Donald Intonti, Alternate (Sitting in place of John Lennox)
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.
Both the appellant and defendant were granted five minutes to sum up their case and two& half minutes for rebuttal.
Findings of Fact:
1. Applicant has appealed the decision of the Building Inspector in issuing a foundation permit to property located at 2 Marion’s Way.
2. The Applicant has argued that the permit should not have been issued because the proposed house will exceed the conditions requiring a Site Plan Review.
3. Board of Appeals confined any discussion to the specific issue presented by the Appeal, (i.e. the issuance of a foundation permit).
A MOTION was made by Mr. Nugent, SECONDED by Mr. Bylaska to accept the Findings of Fact.
VOTE: IN FAVOR (5) Bylaska, Thurston, Intonti, Nugent and Sette
A MOTION was made by Mr. Nugent, SECONDED by Mr. Bylaska to Uphold the Decision of the Building Inspector to issue a foundation permit for construction of a house for property located at 2 Marion’s Way, Eastham, Map 07 Parcel 547.
VOTE: IN FAVOR (5) Bylaska, Thurston, Intonti, Nugent and Sette
AGAINST: NONE
THE APPEAL IS DENIED
A discussion followed by the Board concerning the proposed changes in the Zoning By-Laws to be presented by the Planning Board. The Zoning Board of Appeals opposes changing the portion of Route 6 from District “A” to “E”. Opinions were presented on several other proposed changes. Unanimous opinion that there has not been enough consultation between the Planning Board and the Zoning Board of Appeals prior to the formal hearing.
A MOTION was made by Mr. Intonti, SECONDED by Mr. Bylaska to accept the Minutes of January 12, 2005 as written
VOTE: IN FAVOR (5) Unanimous
A MOTION was made by Mr. Thurston, SECONDED by Mr. Intonti to adjourn at 8:20 PM.
VOTE: IN FAVOR (5) Unanimous
Respectfully submitted,
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Roger Thurston, Clerk ZBA
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