ZONING BOARD OF APPEALS
NOVEMBER 9, 2006
MINUTES
Members Present: John Lennox-Chairman, Roger Thurston, Donald Intonti, Victoria Dalmas, David Fleming, Alternate and John Zazzaro, Alternate
Staff Present: Mary Elizabeth Burgess, Town Planner
Frank DeFelice, Zoning Officer and Building Inspector
Mr. Lennox called the meeting to order at 7:00 PM.
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.
Attorney William F. Riley represented Salt Pond Associates
Voting members in this Continued Case are: J. Lennox, R. Thurston, D. Intonti and D. Fleming. K. Sette a voting member on this Case at previous hearings is absent.
Findings of Fact:
1. Property consists of a four (4) bedroom house with detached garage on 0.8 acres.
2. The Eastham Planning Board approved a site plan with conditions on January 10, 2005.
3. Footprint of garage covers 361 sq. ft. and increases the site coverage from 10% to 11%.
4. The garage in question is approximately 21 ft. from front property line and is pre-existing nonconforming.
5. The Planning Board denied a request by the applicant to retain the garage in a subsequent appeal to that Board.
6. The National Seashore does not support the application to retain the garage.
7. A two-car garage exists at the basement level of the main dwelling.
8. The Planning Board decision of July 18, 2006 did not set forth reasons for a denial of the Request for Modification.
9. At the request of the ZBA, the Planning Board provided reasons for denial of the Request for Modification dated July 18, 2006.
10. In approving the original site plan, the Planning Board found that the site plan excluding the pre-existing garage was in keeping with the neighborhood.
11. The applicant did not file the Appeal process in a timely manner.
12. The ZBA finds no errors in the law of the decision of the Planning Board.
A MOTION was made by Mr. Thurston, SECONDED by Mr. Fleming to accept the Findings of Fact.
VOTE: IN FAVOR (4) Fleming, Intonti, Thurston and Lennox
AGAINST (0) None
A MOTION was made by Mr. Intonti, SECONDED by Mr. Fleming to accept the July 18, 2006 Decision of the Planning Board and DENY the Appeal of that Decision.
VOTE: IN FAVOR(4) Fleming, Intonti, Thurston and Lennox
AGAINST - None
THE MOTION FAILS DUE TO A MAJORITY VOTE:
CASE Z2006-15 - MICHAEL C. ESCHER, requests a Special Permit under Eastham Zoning By-Laws Section V- Uses-District A to construct a 12' X 28' horse barn to include one stall and one feed room on property located at 165 So. Eastham St., Eastham, Map-21 Parcel-15.
A MOTION was made by Mr. Fleming, SECONDED by Ms. Dalmas to continue this case to the December 14th meeting of the ZBA.
VOTE: IN FAVOR (5) Fleming, Intonti, Dalmas, Thurston and Lennox
AGAINST - None
A MOTION was made by Mr. Fleming, SECONDED by Mr. Intonti to accept the ZBA MINUTES of October 12, 2006.
VOTE: IN FAVOR (4) Lennox, Thurston, Intonti and Fleming
AGAINST - None
ABSTAIN (1) Dalmas (not present at the October meeting)
The Board discussed procedures for making judgements on typical properties in future appeals.
A MOTION was made by Mr. Thurston, SECONDED by Mr. Fleming to adjourn.
VOTE: IN FAVOR - UNANIMOUS
The meeting adjourned at 8:43 P.M.
Respectfully submitted,
Roger Thurston, Clerk, ZBA
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