013fZONING BOARD OF APPEALS
JANUARY 11, 2007
MINUTES
Members Present: John Lennox-Chairman, Roger Thurston, Donald Intonti, Kathryn Sette, 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 Z2006-12 - BARBARA J. & JOHN ROSS McDONALD
The Applicant is not present at this time so this case is moved to the end of this session by consent.
CASE Z2007-01 - Town of Eastham/CELL CO Partnership D/B/A Verizon Wireless, seeks a modification of the original Special Permit to allow for a generator for backup power at the cell tower site at 2770 Nauset Road-Rear, Eastham, Map-05 Parcel-31.
Keenan Brinn, Wellman Assoc/CellCo. presenting.
FINDINGS OF FACTS:
1. Applicant seeks modification of an existing Special Permit.
2. Applicant requests permission to install a generator for a back up power source.
3. Approval has been received from Cape Cod Commission.
4. Proposed generator will be large enough to service all users of the cellular tower.
5. Loss of electric power diminishes the capacity of service which would include communications to the Eastham Fire and Police services.
6. The Eastham fire Chief has approved this proposal as well as the Board of Selectmen.
7. The proposed generator will be inclosed to reduce any noise level to meet the requirements of the Cape Cod Commission.
8. The generator will produce 200KW of power and will be gas fired with propane gas. It will be activated on a 3-4 week cycle for approximately 60 min.
9. Applicant expects to eventually be serviced by underground natural gas delivery.
10. Applicant agrees to a size limit of the propane tank of a maximum eight (8) feet.
A Move was made by Ms. Sette, Seconded by Mr. Intonti to Accept the Findings.
Vote: UNANIMOUS
DECISION: A MOTION was made by Ms. Sette, SECONDED by Mr. Thurston to Grant a Modification to the existing Special Permit to CELL CO PARTNERSHIP D/B/A/ VERIZON WIRELESS with the following conditions;
(a) The size of the propane tank will be no larger than eight (8) feet.
(b) Any noise level of the generator will meet the requirements of the Cape Cod Commission.
(c) Applicant will make every effort to connect with the natural gas line.
VOTE: IN FAVOR (5) Intonti, Thurston, Lennox, Dalmas and Sette
CASE Z2007-02 - WILLYS GYM/BARBARA NIGGEL, seeks a special permit under Eastham Zoning Bylaws Section XVIII-D for an oversized sign (140 sq. ft.) on one side for property located at 4730 State Highway, Eastham, Map-5 Parcel-128.
A letter of withdrawal was received allowing this Applicant to withdraw without prejudice.
CASE Z2007-03 - LOUISE KANE, requests a Special Permit under Eastham Zoning By-Laws Section VI-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.
Mr. Thurston called attention of the Board to Section 16 of Chapter 40 A which prohibits the re-hearing of a previously failed appeal without significant and substantial changes and that consent of all but one member of the Planning Board is required.
There was considerable discussion as to the interpretation of this section of the law and whether approval of the Planning Board was required.
It was noted that the ZBA did not have evidence before it noting the elements of the original appeal, which was denied and that the summary presented by the Planner indicated that a Site Plan Approval would be required by the Planning Board.
A MOTION was made by Ms. Sette, SECONDED by Mr. Thurston to continue this Appeal until the February meeting of the ZBA and that the Planner will seek legal interpretation of Section 16 of Chapter 40 A and will provide additional back up information on the previously failed appeal in September of 2006.
VOTE: IN FAVOR: (5) Sette, Intonti, Dalmas, Thurston, Lennox
AGAINST: NONE
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 Ms. Sette, SECONDED by Ms. Dalmas to continue this appeal to the February meeting of the ZBA and that written consent will be obtained from the applicant.
VOTE: IN FAVOR: (5) Sette, Intonti, Dalmas, Thurston, Lennox
AGAINST: NONE
A MOTION was made by Mr. Intonti, SECONDED by Ms. Dalmas to accept the Minutes of November 9, 2006.
VOTE; IN FAVOR: (5) Dalmas, Thurston, Intonti, Lennox and Fleming (present for Nov. meeting in place of Sette).
AGAINST: NONE
A MOTION was made by Mr. Thurston, SECONDED by Mr. Fleming to adjourn.
VOTE: IN FAVOR - UNANIMOUS
The meeting adjourned at 8:30 P.M.
Respectfully submitted,
Roger Thurston, Clerk, ZBA
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