Minutes of Zoning Board of Appeals Public Meeting
Date: March 23, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, Vern Jacob, Charles Amsler, Jeffrey Stewart, Bruce Drucker, Robert Hankey, William Nicholson and Christine Bates, Committee Secretary.
Regrets: Sibel Asanturgrul
Chair Pontbriand called the meeting to order at 7:00 pm.
7:00 pm 06-11 K.C. Myers and Eric Williams, 50 Railroad Avenue, Map 20, Parcel 145: Application for a Special Permit under WZB 6.1.5.1 to increase the footprint and add a second story bedroom. Trevor Pontbriand recused himself from the hearing. Vice Chair Jeffrey Stewart reviewed the procedures for ZBA meetings. The Board for this hearing was Jeffrey Stewart, Robert Hankey, William Nicholson, Bruce Drucker and Vern Jacob. A site visit was made. Eric Williams stated they want to add an addition to the back portion of the dwelling in order to add an additional bedroom. A letter dated February 22, 2006 from Gordon Jacques Kahn was read into the minutes stating he supports the project. A letter from Rachel Brown
dated February 23, 2006 also supported the project. Attorney Ben Zehnder, representing Mike and Betty Noling, stated the Noling’s support the application and it is consistent with the neighborhood; however, they had concerns regarding screening between the proprieties. Zehnder reported the applicants and the Noling’s negotiated an easement strip with a vegetative screen between the properties which will be 5 feet by 45 feet, as well as a fence to screen the well tank and screening for a shed. Discussion took place if the house was on the Historical Record and required the Historical Review Board approval. Paul Murphy, Building Inspector stated their review is required for demolition only and does not regulate additions. Nicholson stated he would like confirmation from the Health Department on the number of bedrooms. Hankey moved for Findings of Fact:
1. The property is pre-existing, non-conforming with regards to lot size, rear, side and front setbacks.
2. There will be no affect on nearby land use.
3. The lot coverage will be increased from 16% to 17%.
4. Abutters support the application.
5. There will be no change in use.
6. The proposed construction is in keeping with the general character of the neighborhood and not detrimental to the neighborhood.
Nicholson seconded the Findings of Fact. Hankey moved to grant the Special Permit based on the Findings of Fact; seconded by Drucker; passed 5-0.
7:34 pm 06-14 Sarah Robin, 29 Briar Lane, Map 14, Parcel 26: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit. Change the use of the second story to affordable housing. A letter dated 3/23/06 from Sarah Robin requested a continuation to April 27, 2005. Trevor Pontbriand moved to approve the continuation; seconded by Robert Hankey; passed 7-0.
7:36 pm 06-13 Louise Ledkovsky, 353 Wilson Avenue, Map 30, Parcel 617: Application for a Special Permit under WZB 6.1.5 to alter an existing, non-conforming dwelling by adding partial second story. A site visit was made. Trevor Pontbriand recused himself. The Board consisted of Jeffrey Stewart, Robert Hankey, Bruce Drucker, William Nicholson and Charlie Amsler. Ms. Ledkovsky stated this is a pre-existing, non-conforming structure built in the 1950’s. Beside adding a partial second story, she would like to excavate under the house for placement of utilities. There will be no increase in the footprint. It will remain two bedrooms with a 270 square foot increase in habitable living space. The Board of Health approved the project.
The Department of Environmental Protection and the National Seashore had no objection to the project. A letter dated March 7 from Marcia and Jim Sexton endorsed the project. A letter dated April 13, 2005 from Lauren McKean of the National Park Service had no objection. Stewart moved for Findings of Fact:
1. Lot size and set backs are non-conforming .
2. The footprint will remain the same
3. There was approval from the National Seashore and abutters.
4. There will be no change in use and no increase in use.
5. The Board of Health approved the project.
6. The project is not detrimental to the neighborhood.
Hankey moved to approve the Findings of Fact; seconded by Drucker; passed 5-0. Hankey moved to approve the Special Permit based on the Findings of Facts; seconded by Drucker; passed 5-0.
7:52 pm 06-10 Jay J. Horowitz for Paul Acinapura, Mill Hill Road, Map 13, Parcel 88: Application for a Special Permit under WZB 6.1.5.1 to reconstruct decking, screened porch, and add outdoor shower. A site visit was made. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. Horowitz stated the new screened porch will be mostly within the footprint of the existing deck. The lot coverage will increase from 11.8% to 14%. A letter dated 3/6/06 from Cheryl Healton had no objection to the project. Paul Murphy stated the outdoor shower is considered fencing, and can be within the setbacks by right, as long as it does not have a roof. Pontbriand moved for
Findings of Fact:
1. The existing property is non-conforming due to the lot size, frontage and side setback violations.
2. There will be a minimal expansion of the intrusion into the west side setback
3. There will be a minimal increase in lot coverage and will remain within 15%.
4. There will be no increase in use.
5. There is no change in use.
6. .There are no objections from abutters.
Pontbriand moved to approve the Findings of Fact; seconded by Drucker; passed 5-0. Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Hankey, passed 5-0.
8:10 pm 06-12 Jay J. Horowitz for Sarah Wechsler, 101 Samoset Road, Map 28, Parcel 110: Application for a Special Permit under WZB 6.1.5.1 to construct a partial upper level addition. A site visit was made. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Charlie Amsler. Horowitz stated the proposal is for a 500 square foot upper level addition. Currently there are three small bedrooms on the main level with a media room in the basement. Two bedrooms will remain on the first floor with a master suite on the second. The property has a four bedroom septic system. The height of the structure will be 26 feet 4 inches, an increase of 5 foot 6 inches. There will be no
increase in lot coverage. Horowitz stated the application will have to go to the Conservation Commission for approval because it is within the 100 foot buffer zone. The Board stated the dwelling is the only nearby structure with one story on the ocean side, and the property across the street is a town owned vacant parcel. Pontbriand moved for Findings of Fact:
1. The existing property is non-conforming due to lot size, and front and side setback violations.
2. There will be a moderate volumetric increase within the south side setback
3. There will be no change to the footprint or increase in lot coverage.
4. There will be no change or increase in use.
5. There were no objections from abutters.
Hankey moved to approve the findings of fact; seconded by Pontbriand; passed 5-0. Hankey moved to grant the Special Permit with conditions; seconded by Pontbriand; passed 5-0.
1. The Special Permit is subject to approval of the Conservation Commission.
Hankey moved to adjourn the meeting at 8:30 pm; seconded by Pontbriand; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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