ZONING BOARD OF APPEALS
November 12, 2009
MINUTES
Members Present: Jack Lennox, Don Intonti, George Reinhart, Stephen Wasby, Kathy Sette - Alternate, Robert Sheldon - Alternate
Members Absent: John Zazzaro
Staff Present: Sarah Raposa - Town Planner, Frank DeFelice - Building Inspector/ZEO
Chairman Jack Lennox called the meeting to order at 7:00 p.m. and described the hearing process. Chairman asked Alternate, Kathy Sette to sit for the evening's hearings and act as Clerk in Mr. Zazzaro's absence.
Appeal No. Z2009-07 - David White, Eastham, seeks an appeal of the building inspector's decision to deny a building permit under MGL Ch 40A S8; And also, Variances under Town of Eastham Zoning Bylaws Sections IX.A.7 (shape factor) and III (panhandle lot) to build a new single family house and attached garage on property located at 485 Bridge Rd. Map 20 Parcel 072A.
Mr. White explained his project and the circumstances involved in the shape and location of the second of the two adjoining lots that he and his wife own.
The members of the Board conducted a lengthy question and discussion period. Kathryn Sette explained that she knew Mr. White's builder, Chris Thompson, from having served on the Historical Commission with him but had no other relationship with him.
Because the case was very complicated and seemed difficult to resolve favorably, Mr. Lennox advised the applicant to request a continuance and to attempt to resolve some of the issues by changing lot lines, which would require Planning Board approval. Mr. White accepted this advice and made that request.
MOTION: Stephen Wasby moved, seconded by Kathryn Sette, that the Zoning Board of Appeals grant a continuance of Appeal No. Z2009-07 until the Zoning Board meeting on Thursday, February 11, 2010.
VOTE: 5-0 IN FAVOR: Intonti, Lennox, Reinhart, Sette, Wasby
OPPOSED: None
Motion Passed
APPEAL No. Z2009-08 - Eastham Quarters, LLC/Richard Sacchetti of Plymouth, MA, seeks a Special Permit to change form seasonal use to year-round us as a motel/conference center under Town of Eastham Zoning Bylaws Section VI.D/ at property located at 10 & 30 Captains Quarters Ct., Map 5 Parcel 120 (ref . Z1988-13 & A1992-44).
Mr. Sacchetti explained the proposal and the difficulty in making the business profitable on a seasonal basis. He, also, explained that the auction is in accommodation of a separation of partnership and to establish a fair price for one or more to buy out the others.
Donna Demitri, from Jimmie D's, a nearby restaurant, spoke in favor of the proposal and emphasized the importance of year-round businesses the Town's economic vitality. No one spoke in opposition.
FINDINGS OF FACT:
1. The business in a legally pre-existing non-conforming use.
2. The Planning Board has granted Site Plan Approval for the change from seasonal to year round operation.
3. The Board of Health requires certification that the septic system and water supply system comply with the code.
4. Changing from seasonal to year-round operation meets the criteria of Eastham Zoning Bylaw Section VI.D. 1 thru 10.
MOTION: Don Intonti moved, seconded by Stephen Wasby, that the Findings of Facts, as stated, be accepted.
VOTE: 5-0 IN FAVOR: Intonti, Lennox, Reinhart, Sette, Wasby
OPPOSED: None
MOTION: Don Intonti moved, seconded by George Reinhart that the Zoning Board of Appeals grant a Special Permit under Town of Eastham Zoning By-laws Section VI.D. to change a pre-existing non-conforming use from seasonal to year-round operation and that this will not be detrimental to the existing neighborhood and public welfare.
VOTE: 5-0 IN FAVOR: Intonti, Lennox, Reinhart, Sette, Wasby
OPPOSED: None
Motion Passed
APPEAL No. Z2009-09 - Robert Novak, Stow MA., seeks Special Permit or Variances under Town of Eastham Zoning Bylaws Section VI.C. and IX.B.9. to alter a per-existing nonconforming structure to add an addition that encroaches 3'10' into setback abutting street and also a farmer's porch that encroaches 5' into setback abutting street at property located at 110 Jennie Clark Rd., Map 14 Parcel 235.
Mr. Novak, accompanied by his builder, Tim Dickey, of Truro, explained his proposal to enlarge the kitchen area and add a farmer's porch. He explained that the enlargement of the kitchen was to facilitate entertaining his large family gatherings and make the house more comfortable upon their move to Eastham. The porch was a strong desire of his wife. Interior changes would create a large great room with dining room in the space now occupied by the kitchen and living room.
The Board conducted a thorough discussion of the proposal. Most of the comments about the porch were negative. Mr. Lennox offered the opportunity, and Mr. Novak requested that the application to erect the porch be withdrawn.
MOTION: Kathryn Sette moved, seconded by Mr. Reinhart, that applicant's request to withdraw the application to erect a porch be granted.
VOTE: 5-0 IN FAVOR; Intonti, Lennox, Reinhart, Sette, Wasby
OPPOSED: None
Motion Passed.
FINDINGS OF FACT:
1. The lot has frontage on two streets. It is a small lot under current standards. It is a pre-existing non-conforming lot.
2. The applicant proposes an addition which encroaches into the required setback.
3. There is a large utility easement in the rear, making additions difficult.
4. Applicant proposes to turn this house into a fulltime residence.
5. The health inspector has required a favorable report on the septic system.
6. No nearby property owners were present, but two signed letters of support.
MOTION: Stephen Wasby moved, seconded by Don Intonti, that the Findings of Fact be accepted as stated.
VOTE 5-0 IN FAVOR: Intonti, Lennox, Reinhart, Sette, Wasby
OPPOSED: None
Motion Passed.
MOTION: Stephen Wasby moved, seconded by Don Intonti that the Zoning Board of Appeals grant a Special Permit under Town of Eastham Zoning By-laws Section VI.C and IX.B.5. to construct an addition that encroaches 3'10"into the setback abutting street and finds that the addition will not be detrimental to the existing neighborhood and public welfare.
MINUTES-Don Intonti moved, seconded by Mr. Wasby, that the October 8, 2009, Zoning Board of Appeals Minutes, as distributed, be approved.
VOTE: 5-0 IN FAVOR: Intonti, Lennox, Reinhart, Sette, Wasby
OPPOSED: None
Motion Passed
RULES AND REGULATIONS OF THE BOARD OF APPEALS The members present reviewed the draft supplied by the Town Planner. Jack Lennox proposed a small change, as did Mr. Wasby. Town Planner will make a clean copy, post, and provide to the ZBA for approval at a future hearing.
ADJOURNMENT
MOTION: Don Intonti moved, seconded by Stephen Wasby that the meeting be adjourned.
VOTE: 5-0 IN FAVOR: Intonti, Lennox, Reinhart, Sette, Wasby
OPPOSED: None
Motion Passed.
The Meeting adjourned at 8:55 p.m.
Respectfully submitted,
Sarah Raposa
Kathryn Sette, Acting Clerk
Eastham Zoning Board of Appeals
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