Minutes of Zoning Board of Appeals Public Meeting
Date: October 26, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, William Nicholson, Vern Jacob, Robert Hankey, Charlie Amsler, Jeffrey Stewart and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
7:05 06-39 Darlene Allen/Carmel Merrick, 935 Route 6, Unit 2, Map 36, Parcel 190: Application for a Special Permit under WZB 6.1.1: add a 16’ x 14’ room to cottage. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Charles Amsler. Ms. Allen and Ms. Merrick gave an overview of the project. They have met with condo association members and received permission. Jim Breslin, a member of the condo association, spoke in favor of the project. The applicant provided plans identifying the setbacks, produced by Dick Gibman, their designer. Paul Murphy, Building Inspector, stated he does not always require a stamped, engineered site plan for a permit, but may require a certified as-built upon completion.
Trevor Pontbriand moved for Findings of Fact:
1. This is a pre-existing non conforming cottage colony under a condominium form of ownership.
2. The application is in reference to Unit #2.
3. The proposed addition will not create any new non-conformities.
4. There is no objection from abutters.
5. There will be no change or increase in use.
Pontbriand moved to approve the Findings of Fact; seconded by Robert Hankey; passed 5-0. Robert Hankey moved to approve the Special Permit based on the Findings of Facts; seconded by Nicholson; passed 5-0.
7:25 06-13 Louise Ann Ledkovsky, 353 Wilson Ave, Map 30, Parcel 617: Amendment to Special Permit granted to include demolition of existing non-conforming dwelling and reconstruction. Trevor Pontbriand recused himself from the hearing. Robert Hankey moved that Jeffrey Stewart be Acting Chair; seconded by William Nicholson; passed 5-0. The Board consisted of Jeffrey Stewart, Robert Hankey, William Nicholson, Charles Amsler and Vern Jacob. Ms. Ledkovsky stated she is seeking an amendment. It is more economical and efficient to demolish existing dwelling which is not under code. National Seashore had no objection. Dave James, an abutter, stated he support the project. The proposed dwelling will remain on the same footprint. Robert
Hankey asked is she would consider having the house moved to be a part of the Affordable Housing program and Gigi stated the house is basically not sound and transferable because it was built in the 1950’s as a summer cottage. There is a central chimney which is unusable. The building plans will remain the same. There will be no changes to the previously approved findings of facts and conditions. Jeffrey Stewart moved to approve the request for an amendment to demolish the existing dwelling; seconded by Robert Hankey; passed 5-0.
7:40 06-40 David and Susanne Kostyk, 71 Catboat Road, Map 41, Parcel 106: Application for a Special Permit under WZB 6.1.5 to construct a porch on existing deck. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Charles Amsler. A site visit was made. Winslow Grullemans, contractor, represented the applicant and gave an overview of the project. There will be no heating system in the porch but there will be electric and a fan. Approval has been received from the Conservation Commission. New footings have been installed, and the existing decking has already been removed. There was a pre-existing intrusion into the setbacks with the existing deck. Pontbriand moved for Findings of Fact:
1. The existing lot is non conforming due to insufficient area and frontage.
2. The existing structure is non conforming due to intrusions into the front and north side setbacks.
3. The proposed addition is within the footprint of the existing deck.
4. There will be a minor further intrusion into the north side setback.
5. Lot coverage will remain under 15%.
6. There will be no increase or change in use.
7. There was no objection from abutters.
Pontbriand moved to approve the Findings of Fact; seconded by Jeffrey Stewart; passed 5-0. Pontbriand moved to approve the Special Permit based on the Findings of Fact; seconded by Robert Hankey, passed 5-0 with the following conditions:
1. This room shall remain unheated space.
7:58 06-41 Denis and Judith Moran, 1937 State Highway, Map 29, Parcel 269K: Application for a Special Permit under WZB 6.1.1: expansion of cottage. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Vern Jacob. The Moran’s gave an overview of the project to expand the cottage. There are a total of 12 units in the cottage colony (Brownie’s); 4 have been upgraded previously and 1 has recently been approved by the ZBA for expansion. The submitted plans did not clearly show where the expansion would be relative to the setbacks. The applicants were requested to have Slade Associates identify the setbacks and any intrusions. Robert Hankey moved to continue to November 9, 2006; seconded by
Pontbriand; passed 5-0.
8:10 06-42 Susan Hayden, Trustee, 85 Rockwell Ave., Map 24, Parcel 158: Application for Special Permit under WZB 6.1.5: construction of second floor and decking. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Charles Amsler. Attorney Ben Zehnder and Mr. Hayden gave an overview of the project. The proposal is to add a 751 sq. ft. second floor and an 18 foot deck on the back end of the existing dwelling. The proposed deck is located on the north side of the building. The total number of bedrooms are being reduced to 5. Zehnder provided information from the National Seashore regarding potential additions which state they would approve an addition of 990 sq. ft. on this property. Discussion took
place regarding the layout of the floor plans. Discussion took place regarding the accessory building; Hayden stated there is no heat or plumbing in it. Pontbriand noted that the existing structures create 1,692 sq. ft. of lot coverage, which is 3 times the allowed coverage in this district; however, the National Park is allowing the expansion. The Board expressed concerns regarding the volumetric increase; whether a full foundation could be put under the expansion in order to remove the accessory building; the intensity of use; and the proposed ceiling height as it contributes to the volumetric increase. Hayden stated they rent only to families and know all the neighbors. Zehnder stated the nearby land uses will not be affected and that there are no abutters directly behind the structure (with regards to views). Hayden stated that going from a 2 family dewlling to a one family is a positive. Trevor Pontbriand moved to continue to
November 9, 2006; seconded by Robert Hankey, passed 5-0.
9:00 06-39 Bruce and Mary Elizabeth Pennino, 200 Old Chequessett Neck Road, Map 12, Parcel 172: Application for a Special Permit under WZB 5.4.2: Construction of an accessory building within side setback. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Charles Amsler. Bruce Pennino gave an overview of the project requesting an intrusion of 5 feet into the side setback. He stated the primary use of the proposed accessory building would be as a garage on the lower level and as a library/craft area on the second level, with a loft. A letter from Lachowicz, an abutter, had no objection to the project. Pennino stated the intrusion was necessary to create a “good visual effect which would align with the driveway”. There was discussion regarding the size and height of the structure. Pontbriand stated the although the lot is non-conforming the existing house is conforming and that the proposal would create a new non conformity.
Discussion took place regarding what structures or parts thereof would be included as an intrusion into the setback. Building Inspector Paul Murphy stated accessory buildings can be placed 10 feet from the rear property line. Pontbriand read the definition of an accessory building. Mr. Pennino requested to withdraw his application without prejudice. Robert Hankey moved to allow the applicant to withdraw without prejudice; seconded by Charles Amsler, passed 5-0.
Other Business
The Board will conduct a business meeting after the November 8 site visits at Town Hall.
Paul Murphy came to the table to discuss setbacks in the commercial district. The fire department will be asking for a variance to allow their new building to be located 50 feet from the front property line and to be made of stone or brick. The Board discussed various options. Paul Murphy will report back to the Town with the Board’s concerns and suggestions.
Robert Hankey moved to adjourn at 9:55 pm; seconded by Trevor Pontbriand; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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