Minutes of Zoning Board of Appeals Public Meeting
Date: August 10, 2006
Time: 7:00 PM
Attendees: Jeffrey Stewart, Acting Chair, Vern Jacob, Robert Hankey Charlie Amsler, Bruce Drucker, and Christine Bates, Committee Secretary.
Regrets: Trevor Pontbriand, William Nicholson and Sibel Asanturgul
Acting Chair Stewart called the meeting to order at 7:00 pm. Acting Chair Stewart gave an overview of the procedures of the ZBA meeting.
Public Hearings:
7:04 pm 06-21 Phyllis Lewis and Jamie Johnson, Harbor Lights Circle Drive, Map 20, Parcel 19, Site 2048: Application for a Special Permit to replace an existing deck with a screen porch and decking (Cont’d from June 22, 2006). The applicant agreed to continue this hearing until after 09/14/06.
7:05 pm 06-29 Susan Hayden, 85 Rockwell Ave., Map 24, Parcel 158: Application for a Special Permit under WZB 6.1.5 to add a second floor and deck to a portion of an existing nonconforming single-family dwelling. The Board for this hearing consisted of Jeffrey Stewart, Robert Hankey, Bruce Drucker, Charlie Amsler and Vern Jacob. Attorney Ben Zehnder represented the applicant with Rich Hayden also sitting at the table. Zehnder stated the structure is currently configured as a 2 family home, with the outside staircase from the second floor as the only egress for that unit. The addition will be 751 square feet additional living space. The lot coverage will not change and will stay within the existing footprint. There will be no further encroachment with the upper
deck. The applicants want to make this a one family structure. The height will be 27.6”. There are two driveways on this property, one of which crosses over the National Seashore. The house is not visible to abutters . The property has an approved 6 bedroom septic.
A letter from the National Seashore dated 8/10/06 was received and read into the record. Concerns include an encroachment infraction of their property with the use of one of the driveways, the building plans to demolish and reconstruct a portion of the dwelling, and the number of bedrooms (6) on ¼ acre lot. The Seashore states there is currently a lot coverage of 15% where only 5% is allowed. Discussion among Board members resulted in the following concerns: decking would create further intrusion in setback, the number of bedrooms may impact traffic, parking, and the character of the neighborhood, and the encroachment on the seashore’s property. The Board agreed they would like to have the National Seashore attend a site visit with them to hear their concerns. Zehnder stated
the current owners have never received any correspondence from the national seashore (regarding encroachment). The applicant agreed to contact the National Seashore for direction on constructing a fence. The 6 bedrooms septic has already been approved and Zehnder feels there would be less traffic and parking issues as a single dwelling. The proposed decking will be higher than the current deck, and give the applicants a better view of the ocean. Discussion took place regarding the responsibility of the applicant getting information from the seashore and to include it in the package to enable the Board to have information prior to the hearing. Zehnder looks at the seashore as being an abutter and has the right to write a letter, etc. but should not impact the decision. Zehnder recommended the Board write a letter to the National Seashore requesting their response 48 hours prior to the meeting. Several Board members stated they felt the
National Seashore’s opinion was to be taken in high regard. The Board requested the applicant submit a plan which shows the dimensions of the structure and the possible relocation of the additional decking. Zehnder stated he will contact the Health Agent regarding the bedroom count. Bruce Drucker moved to continue to September 14, 2006; seconded by Jeffrey Stewart; passed 5-0.
7:58: 06-30 Donald Farr / Mark Pooler, 420 Chequessett Neck Rd., Map 19, Parcel 45G: Application for a Special Permit under WZB 6.1.1 to build a deck on their cottage/condo unit. The Board consisted of Jeffrey Stewart, Robert Hankey, Bruce Drucker, Charlie Amsler and Vern Jacob. Olga Kahn represented the applicant. The proposed decking will be 8 feet x 9 feet. A letter dated June 14, 2006 from Daniel Lombardy, Representative of the Chequessett Neck Condominium Board of Trustees, gave approval for the renovation. Hankey expressed concerned about the common walkway area and location of the deck. The common walkway does not show on any of the drawings. The Board asked if the applicant would consider moving the deck away from the common walkway.
Stewart read Chapter 183A General Laws of MA (b)(I). A lengthy discussion took place regarding the need to get 100% approval from all condominium owners, the role the Zoning Board of Appeals plays with regards to the Master Deed and future alterations, and if the Board treats the application as a nonconformity under the Special Permit bylaws. Acting Chair Stewart recommended getting Town Counsel’s direction. Stewart moved to continue the hearing; seconded by Hankey. Building Inspector, Paul Murphy, stated the town no longer has anything to do with Master Deeds and there is no language in our bylaws regarding condominiums. The vote took place, resulting in 2-2-1 (one abstaining). Stewart then moved for findings of fact:
1. This is a non-conforming pre-existing cottage colony.
2. There were no objections from abutters.
3. A letter of approval from the Condominium Board of Trustees was received.
4. No change or increase in use.
5. The proposed decking is similar to abutter’s decking
6. The proposed alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure.
Drucker moved to accept Findings of Fact; seconded by Amsler, passed 4-0- with one abstaining.
Stewart moved for a condition to seek town counsel regarding the master deed; no seconds. No second, therefore, motion did not carry.
Drucker moved to approve a Special Permit; seconded by Amsler. Jacob moved to have a condition added before granting approval that the condo association provide papers indicating their authorization to approve the project (a copy of the Master Deed) with the Condo Association Board approval; seconded by Stewart. Jacob withdrew motion; seconded by Stewart; 5-0. Further discussion took place regarding master deed approvals for alterations and the appropriate ZBA action, getting proof of signatures, etc. Drucker stated the law regulates the condo associations, not Zoning Boards. Drucker recommended getting an opinion from Town Counsel. Hankey suggested getting the approval from the President of the Association and a letter stating the Master Deed grants approval. Drucker moved the
applicant submit to the ZBA a letter from the Condo Board of Trustees that the June 14, 2006 letter from Lombardy was authorized by the Trustees; seconded by Jacob; 3-2. Building Inspector, Paul Murphy, stated the letter appears to be legitimate and questioned why we are asking for another letter from another person. Hankey moved to continue the hearing in order to have Ms. Kahn go back to the President of the Association and return with a letter the Association approved the project; motion failed. Murphy pointed out that we get letters from abutters and we don’t question them.. Drucker moved that there be no conditions to this application; seconded by Amsler; 4-0-1 abstain. Drucker moved to approve the Special Permit; Stewart provided alternatives to Ms. Kahn regarding the Board proceeding with a vote at this time. After further discussion, Ms. Kahn requested a continuation. Stewart moved to continue to
August 24, 2006; seconded by Hankey; passed 4-1
Business:
A letter dated 08/10/06 from Mr. Cook regarding the Amsler property was read into the record. He requested the Board review the conditions placed on a Special Permit. The Board stated this is an enforcement issue and not the ZBA’s. The Building Inspector stated he is monitoring the property.
Further discussion took place regarding the condominium issues. Bruce Drucker will draft a letter to Town Counsel asking for direction.
Vern Jacob questioned the role the National Seashore plays in the ZBA’s decision process and does the ZBA adhere to their requested conditions. After a lengthy discussion, it was decided Paul Murphy will ask Town Counsel for their input.
Robert Hankey moved to adjourn at 9:15 pm; seconded by Vern Jacob; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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