Minutes of Zoning Board of Appeals Public Meeting
Date: September 11, 2008
Time: 7:00 PM
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, Don Palladino, Manny Heyliger, Tom Reinhart and Christine Bates, Committee Secretary.
Chair Vern Jacob opened the meeting at timeMinute0Hour197:00 pm. He gave an overview of how the meeting will proceed.
Public Hearings:
08-21 Alan Michelson, a 21 Samoset Ave, Map 28, Parcel 184, Application for a Special Permit under WZB 6.1.5.1 and M.G.L.c40A s 6 to remove and replace a pre-existing nonconforming single-family dwelling (Cont’d from 7/24/08). The applicant requested a continuation to 9/25/08 because they have to return to the Conservation Commission . Robert Hankey moved to continue to 9/25/08; seconded by Bruce Drucker; passed 5-0.
Attorney Ben Zehnder stated the Conservation Commission had problems with the garage, mudroom and driveway.
7:14 pm
08-22 Douglas Freeman, 331 North Circuit Road, Map 24, Parcel 99, Application for a Special Permit under WZB 6.1.1, 6.1.5.1, 5.4.2 and M.G.L.C40A S 6 to alter a preexisting nonconforming structure (Cont’d from 08/14/08). The Board consisted of Manny Heyliger, Vern Jacob, Roger Putnam, Tom Reinhart, and Bruce Drucker. Attorney Ben Zehnder distributed a revised certified plot plan and identified changes to the plan which included a change to the stairway, setbacks, building coverage, height of structure and design change of the roof, reduction in the cubic feet, as well as removing the habitable living area in the basement. There was discussion regarding the proposed bylaw changes and how they would
affect this Special Permit. Roger Putnam moved for Findings of Fact; seconded by Manny Heyliger:
1. The subject lot is preexisting nonconforming by virtue of lot size and frontage.
2. The existing structure is preexisting, nonconforming by virtue of being on the east and north setbacks.
3. There will be no change in use.
4. There will be a volumetric increase of approximately 100% to the dwelling.
5. Several abutters have written in support of the project and the US Dept of Interior has objected to the project.
6. The proposed dwelling will be brought up to building code.
7. The proposed dwelling is not more detrimental to the neighborhood than the existing dwelling.
8. There is an existing permit for a previously approved structure which was granted on 8/28/08 and will expire 6 months thereafter.
Roger Putnam moved the Findings of Fact as presented; seconded by Bruce Drucker; passed 5-0.
Roger Putnam moved to approve the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
08-23 Douglas Freeman, 331 North Circuit Road, Map 24, Parcel 99, Application for a Variance under WZB 8.4.3 from Bylaw Section 5.4.2 for location of residential structure within required yard setbacks (Cont’d from 8/14/08). Attorney Zehnder requested the variance request be withdrawn without prejudice. Bruce Drucker moved to allow a withdrawal without prejudice; seconded by Manny Heyliger; passed 5-0.
08-19 Judith Ball, Appeal from Person Aggrieved (MGL Ch. 40-A, S.8) by failure of the Building Inspector to enforce commercial use of storage of boats in residential zone at 5 Pinecrest Way, Map 12, Parcel 38 (Cont’d from 8/28/08). Attorney Vera requested a continuation due to illness, Attorney Riley agreed to a continuation. Robert Hankey moved to continue to October 23, 2008; seconded by Manny Heyliger;
passed 5-0.
08-24 LouAnne Johnson, 35 Tecumseh Road, Map 28, Parcel 167: Application for a Special Permit for Affordable Accessory Dwelling Unit. (Cont’d from 8/28/08). The applicant requested a continuation due to family illness and Paul Murphy, Building Inspector, agreed to a continuation. Robert Hankey moved to continue to 10/9/08; seconded by Manny Heyliger; passed 5-0.
08-27 Anne Kutka, Patrick Kutka, Linda Hurd and Ken Kozak, 20 Fresh Brook Lane (Green Dolphin Condo’s), Map 42, Parcel 1, Units B, C. D, and E: Application for a Special Permit under WZB 6.11 to extend use of cottages to January 1. The applicant requested a continuation to 9/25/08 due to a previous commitment. Robert Hankey moved to continue to 9/25/08; seconded by Manny Heyliger; passed 5-0.
08-20 Community Housing Resource, Inc., (Town of Wellfleet) 250 Gull Pond Rd., Map 8, Parcel 39: Application for Comprehensive Permit (MGL CH 40B, S20-23), development of five (5) units of affordable and median income housing for first time home buyers on a single lot. (Cont’d from 8/14/08). The applicant requested a continuation to 9/25/08 so a revised plan can be made. William Nicholson moved to continue; seconded by Robert Hankey; passed 5-0.
Other Business
Manny Heyliger moved to adjourn at 8:05 pm; seconded by Bruce Drucker; passed 8-0.
Respectfully submitted,
Christine A. Bates
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