ZONING BOARD OF APPEALS
SEPTEMBER 14, 2006
MINUTES
Members Present: John Lennox-Chairman, Kathryn Sette, Roger Thurston, Victoria Dalmas, Donald Intonti, David Fleming, Alternate and John Zazzaro, Alternate
Staff Present: Mary Elizabeth Burgess, Town Planner
Mr. Lennox called the meeting to order at 7:00 PM.
CASE Z2006-05 -JAMES K. & AMANDA W. BAUGHMAN request VARIANCE/SPECIAL PERMIT under Eastham Zoning By-Laws, Section VI, Paragraph D to construct a bicycle shed (12' X 10') with an 8' ramp on property located at 300 Samoset Road, Eastham, Map-14 Parcel-135.
FINDINGS OF FACTS:
1.Property contains a four (4) bedroom house on .51 acres
2.Applicant proposes to build a 12'X10' shed with an 8' ramp
3.Shed will be approximately 12' from road lay out right of way
4.Shed will incur on frontage setback
5.Proposed construction requires a VARIANCE
6.Lot slopes from front property line to a pond on the rear property line with a drop of approximately 18'
7.Applicant promises that there will be a minimum visual exposure because of screening by shrubbery which will be subject to approval by the Conservation Commission.
8.Applicant is required to demonstrate substantial hardship
A MOTION was made by Donald Intonti, SECONDED by Kathryn Sette to accept the Findings as read.
VOTE: IN FAVOR (5) Lennox, Sette, Thurston, Intonti and Dalmas
DECISION: A MOTION was made by Mr. Intonti, SECONDED by Ms. Sette to GRANT a VARIANCE to James & Amanda Baughman to erect a 10' X 12' shed according to plans submitted to and signed by the Chairman of Zoning Board of Appeals on this date. Shed to be used for normal household storage. The applicant has demonstrated substantial hardship due to the topography of the site. The VARIANCE is Granted with the following conditions: (1) Should the shed be substantially damaged or destroyed by actions of weather (e.g. Falling trees), the applicant must receive approval of ZBA prior to reconstruction.
(2) Should the pavement on the road right of way be increased in width, the owner must receive approval of the ZBA to continue use of the structure.
VOTE: IN FAVOR (4) Lennox, Sette, Dalmas and Intonti
AGAINST (1) Thurston
CASE Z2006-09 - DOUGLAS M. BROWN, requests a Special Permit under Eastham Zoning By-Laws Section V- Uses, to use existing shed for horse shelter and install fence for paddock for property located at 16 White Pines Drive, Eastham, Map-20 Parcel-108-D.
FINDINGS OF FACTS:
1. Applicant wishes to use an existing 12' X 12' shed to house a horse
2. Property currently includes a three (3) bedroom house, garage and shed
3. A wood paddock fence, 5' high will be constructed with a perimeter of approximately 265'
4. Applicant will be required to submit a certified plot plan denoting to size and placement of the paddock fence
5. A waste management plan will be submitted to the Chairman of ZBA for approval
6. Several citizens, including abutters, spoke in favor of the appeal and one voiced concern over environmental impact
A MOTION was made by Intonti, SECONDED by Dalmas to accept the Findings as read.
VOTE: IN FAVOR (4) Lennox, Thurston, Dalmas and Intonti
AGAINST (1) Sette
DECISION: A MOTION was made by Ms. Dalmas, SECONDED by Mr. Intonti to Grant a Special Permit
to Douglas Brown to house a horse in an existing shed with the following conditions: (1) He must provide a waste management plan approved by the Chairman of the ZBA. (2) He must submit a copy of a certified plot plan denoting dimensions and location of the paddock.
VOTE: IN FAVOR (4) Lennox, Thurston, Dalmas and Intonti
AGAINST (1) Sette
CASE Z2006-10 - SALT POND ASSOCIATES/WILLIAM F. RILEY, Esq., is Appealing the Decision of the Eastham Planning Board under Eastham Zoning By-Laws Section XIV- Residential Site Plan Approval, Section G, for property located at 32 Tomahawk Trail, Eastham, Map-25 Parcel-16.
Neither applicant nor attorney appeared before the ZBA hearing.
A MOTION was made by Mr. Thurston, SECONDED by Ms. Sette to continue this hearing to October 12, 2006.
VOTE: IN FAVOR (4) Sette, Dalmas, Thurston and Lennox
AGAINST: (1) Intonti
CASE Z2006-11 - LOUISE KANE, requests a Special Permit under Eastham Zoning By-Laws Section VI, Paragraph C to renovate existing dwelling and convert existing deck to a sunroom for property located at 18 Beach Plum Lane, Eastham, Map-13 Parcel-208.
FINDINGS OF FACTS:
Property is pre-existing and non conforming
Proposed alterations and construction will be 23' 4" from the front property line and 21' from the side lot line
The increase in habitable space will result in site coverage of about 17%
The plans submitted will result in an increase in the non conforming nature of the structure
The Board of Health has approved a Septic Plan
Several neighbors and abutters submitted letters in support of this project
A MOTION was made by Ms. Sette, SECONDED by Mr. Intonti to accept the Findings as read.
VOTE: IN FAVOR - (5) Intonti, Sette, Dalmas, Thurston and Lennox
DECISION:
Based on the Findings of Fact, a MOTION was made by Mr. Intonti and SECONDED by Ms. Sette to GRANT A SPECIAL PERMIT to Louise Kane according to plans submitted. Proposed construction and alteration will not substantially increase the non conforming nature of the building nor will it be detrimental to the neighborhood or derogate from the public good. Approval is conditional on submission of plans signed and dated by the Chairman of the ZBA and that site plan approval must be secured from the Planning board if required.
VOTE: IN FAVOR - (3) LENNOX, SETTE & INTONTI
AGAINST - (2) DALMAS AND THURSTON
THE MOTION FAILS
THE MOTION DID NOT ATTAIN REQUIRED FOUR AFFIRMATIVE VOTES REQUIRED
THEREFORE THIS REQUEST IS DENIED
CASE Z2006-12 - BARBARA J. & JOHN ROSS McDONALD, requests a Special Permit under Eastham Zoning By-Laws Section VII-C to convert 16' X 20' barn into an Accessory Dwelling Unit for property located at 75 Knowles Street, Eastham, Map-12 Parcel-75A
A MOTION was made by Mr. Thurston, SECONDED by Ms. Sette to continue this appeal until the December 14th meeting of the ZBA.
VOTE: IN FAVOR - (5) Intonti, Sette, Dalmas, Thurston and Lennox
A MOTION was made to accept the ZBA MINUTES of JULY 10, 2006 as amended.
VOTE: IN FAVOR (3) Lennox, Thurston and Sette
ABSTAINED (2) DALMAS and INTONTI (not present at July Meeting)
A MOTION was made to accept the ZBA MINUTES of August 10, 2006
VOTE: IN FAVOR (4) Sette, Dalmas, Zazzaro and Lennox
ABSTAINED (1) Thurston (Not present at this hearing)
A MOTION was made by Mr Intonti, SECONDED by Mr. Thurston to adjourn at 10:15 PM
VOTE: IN FAVOR - UNANIMOUS
Respectfully submitted,
Roger Thurston,Clerk, ZBA
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