ZONING BOARD OF APPEALS
OCTOBER 11, 2007
MINUTES
Members Present: Victoria Dalmas (Chairman), John Lennox (Vice Chairman), Roger Thurston (Clerk), David Fleming (sitting as Alternate) and John Zazzaro (sitting as Alternate).
Members Absent: Donald Intonti, Kathryn Sette.
Chairman Victoria Dalmas called the meeting to order at 7:00 p.m.
Modification of a Special Permit:
APPEAL #Z2007-10 - Christopher J. Nagel, 45A Governor Prence Road, Map 18-Parcel 100A, seeks a Modification of the Special Permit (Eastham Appeal #Z2004-20) issued pursuant to Section VI.G. 2004 Eastham Zoning By-Laws to change the designation of the Manager’s unit from Unit 1 to Unit 4 in a four unit condominium project known as Fort Hill Cottages Condominium.
Christopher J. Nagel present with David J. Skiba, Esq. who presented an overview.
FINDINGS OF FACT:
1. Property located at 45A Governor Prence Road, Eastham, Map 18 - Parcel 100A.
2. Applicant wishes to interchange management unit from Unit 1 to Unit 4.
3. Applicant will amend the covenant to be filed with the deed on the property to reflect change in management designation.
4. Applicant requested no other changes to the special permit granted under Appeal No. Z2004-20.
A MOTION was made by John Lennox and Seconded by David Fleming to accept the Findings of Fact. The VOTE: 5-0 IN FAVOR – Victoria Dalmas, John Lennox, Roger Thurston, David Fleming and John Zazzaro.
DECISION:
Based on the Findings of Fact, a MOTION was made by David Fleming and Seconded by John Lennox and so approved by the Board to approve the change in management Unit 1 to a seasonal unit and Unit 4 to a year-round management unit thereby amending the decision of the Eastham Zoning Board of Appeals Appeal No. Z2004-20. The Board further grants an amendment to the said decision Appeal No. Z2004-20 that Condition No. 1 be changed to read: “If management Unit 4 is vacated by the management, the management unit will be subject to the applicable Zoning Bylaws in effect at that time.”
The VOTE: 5-0 IN FAVOR - David Fleming, John Lennox, John Zazzaro, Roger Thurston, Victoria Dalmas.
Modification to Comprehensive Permit:
APPEAL #Z2007-11 - Southside Realty Trust/John McShane Trustee, Brackett Landing Comprehensive Permit, Map 08 - Parcels 191E, 191F & 191G, seeks to convert the last moderately priced unit to a market rate unit. A minor modification to the Comprehensive Permit issued under the provisions of M.G.L. c.40B, Sections 20-23, May 2005 Eastham Appeal No. Z2005-04 as it does not involve the state mandated percentage of affordably priced units and was not a condition of the approval by MassHousing.
Discussion and questions with applicant John McShane.
A MOTION was made by Roger Thurston and Seconded by David Fleming to continue the hearing until the November Zoning Board meeting.
The VOTE: 5-0 IN FAVOR - David Fleming, John Lennox, Roger Thurston, John Zazzaro, Victoria Dalmas.
Approval of Minutes:
A MOTION was made by David Fleming and Seconded by Roger Thurston to accept the minutes of the August 9, 2007 Meeting. John Lennox recused himself. The VOTE: 4-0 IN FAVOR - David Fleming, Roger Thurston, John Zazzaro, Victoria Dalmas.
Adjournment:
A MOTION to adjourn was made by David Fleming and Seconded by Roger Thurston. The VOTE: 5-0 IN FAVOR – David Fleming, John Lennox, Roger Thurston, John Zazzaro, Victoria Dalmas.
The meeting was adjourned at 8:21 P.M.
Respectfully submitted,
Roger Thurston, Clerk
Eastham Zoning Board of Appeals
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