Minutes of Zoning Board of Appeals Public Meeting
Date: August 25, 2005
Time: 7:00 PM
Present: Trevor Pontribiand, Jeffrey Stewart, Robert Hankey, Peter Watts, Vernon Jacob, Bruce Drucker, Charles Amsler and Christine Bates, Committee Secretary.
Regrets: William Nicholson and Sibel Asantugrul
Public Hearings:
7:00 #04-56 Todd E. LeBart and Hugh L. Dunbar, Jr., Cahoon’s Hollow Road, Map 17, Parcel 8: Application for a Special Permit under WAB 6.1.5.1.b and 8.4.2: Demolish two existing cottages and replace with two new cottages (Cont’d from 06/09/05). The original Board for this hearing consisted of Steve Rose, David Rowell, Peter Watts, Robert Hankey and William Nicholson. Chair Pontbriand reset the Board to Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts and William Nicholson. A letter was received from the applicant’s representative, Chet Lay of Slade Associates, requesting a two month continuation. Hankey moved to continue to October 27, 2005; seconded by Pontbriand,
passed 4-0.
7:15 #05-18 Linda J. Connolly and Stephen J. Connolly, 210 West Road, Map 46, Site 26: Special Permit under Chapter 40A: Build a free standing deck (Cont’d from 06/09/05). The Board consisted of Trevor Pontbriand, Robert Hankey, Jeffrey Stewart, Charlie Amsler and Peter Watts. Pontbriand read the meeting minutes of 06/09/05. Mr. Connolly read a letter signed by Harry Parkington, Kathleen Parkington, owners, and Dawn Parkington, Manager of the site, stating conditions to be met prior to the work commencing. Dawn Parkington stated they would be happy to have the Connolly’s get their deck. Pontbriand moved for Findings of Fact:
1. The applicant has approval from the owners of the Mobil Home Park.
2. The deck does not contribute to lot coverage.
3. The deck does not encroach on setbacks.
4. There is no further expansion of living space.
Watts moved to accept the Findings of Fact; seconded by Amsler; passed 5-0. Hankey moved to approve the Special Permit based on the Findings of Fact; seconded by Pontbriand; passed 5-0.
7:30 #05-30 James and JoAnn Breslin, 935 Route 6, Map 36, Parcel 190: Application for a Special Permit under WZB 6.1.1: expansion of a cottage (Cont’d from 07/28/05). The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts, and Bruce Drucker replacing William Nicholson, with the applicant’s permission. Mr. Breslin provided a letter dated July 29, 2005 addressed to the Board, signed by Condo Association members Peter Hall, President, David Ferber, Trustee and James Breslin, Trustee, identifying the distribution of land available to Ocean Pines Condo owners and the percentage each condo unit could expand. He also supplied a copy of the Master Deed. New drawings were submitted, with a letter from Agent
Greenberg stating the Conservation and Health Department see no issues with the proposed addition. Pontbriand moved for Findings of Fact:
1. Applicant has 100% approval from all condo unit owners.
2. This proposal brings dwelling into compliance with the current definition of cottage colony.
3. Applicant has provided an expansion plan dated July 29, 2005 with approval from all condo owners.
4. The expansion is within the percentage allowed between condo association members and does not exceed 15% of the total lot coverage.
Watts moved to approve the Findings of Fact; seconded by Hankey; passed 5-0. Pontbriand moves to approve the Special Permit based on the Findings of Fact; seconded by Hankey; passed 5-0.
7:48 Steven and Ricki Lacy, 15 Spruce Street, Map 35, Parcel 161: Construct an addition with a basement. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Charlie Amsler and Vern Jacob. The applicants stated they were looking to gain additional storage. The bedroom count will remain the same. Abutter Howard endorses the project, as does abutter Elizabeth Sorrell. The Lacy’s provided a letter identifying the current lot size, current lot coverage, and proposed lot coverage which will be 13.6%. Mr. Lacy stated two doors will be added for access to the addition. Pontbriand moved for Findings of Fact:
1. The addition will create a further intrusion into the rear setback of 5.8 feet.
2. The addition will result in an increase in lot coverage; but lot coverage will be under 15%.
3. Abutters support the project.
4. The proposal is preferable to an addition of a second story.
5. The proposal is in keeping with the neighborhood.
Hankey moved to approve the Findings of Fact; seconded by Amsler; passed 5-0. Pontbriand moved to approve the Special Permit based on Findings of Fact; seconded by Hankey, passed 5-0.
Building Inspector, Paul Murphy, requested a discussion regarding what is considered “frontage” of a lot. The Lacy property is a triangular shape and Murphy stated the owner could make the determination what is the “front” of the property.
Pontbriand moved to adjourn the meeting at 8:25; seconded by Stewart; passed 8-0.
Respectfully submitted
Christine A. Bates
Committee Secretary
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