APPROVED
Minutes of Zoning Board of Appeals Public Meeting
Date: October 9, 2008
Time: 7:00 PM
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, Don Palladino, Manny Heyliger, and Christine Bates, Committee Secretary.
Regrets: Tom Reinhart
Chair Vern Jacob opened the meeting at 7:00 pm. and informed the applicants and audience the procedures for the hearings.
Public Hearings:
7:03 pm
06-21 Jamie Johnson, Harborside Village Coop, Site 2048, Map 20, Parcel 19: Request for an Amendment to Special Permit granted March 19, 2007 to change screen porch to three (3) season room. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. Jamie Johnson stated they had been granted a Special Permit for a screened porch and when they bought the materials, she bought screens with removable windows, which changed what was originally approved. She re-filed and received approval from Harborside Village and the Conservation Commission. Maria Hollis, the manager of Harborside Village
verified the approvals and stated all activity is being monitored. Hollis stated previous Building Inspectors allowed people the use of plexiglass to protect the insides of the porch.
Bruce Drucker moved for Findings of Fact:
1. The trailer park is a pre-existing nonconforming use.
2. There was no objection from abutters
3. The applicant has received approval from Harborside Village Cooperative.
4. The Building Inspector requested the applicant receive an Amended Special Permit after the work was performed.
5. There is no change in use.
6. The fixed window construction is not substantially more detrimental to the neighborhood than the previously approved screened porch.
Robert Hankey moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Bruce Drucker moved to grant the Amendment to the Special Permit with the condition the manager of Harborside Village Cooperative assure the ZBA all Findings of Fact and Conditions of Special Permit 06-15 dated 09/14/06 be adhered to; seconded by William Nicholson; passed 5-0.
08-24 LouAnne Johnson, 35 Tecumseh Rd., Map 28, Parcel 167, Application for a Special Permit for Affordable Accessory Dwelling Unit (Cont’d from 9/11/08). At the request of the applicant, Robert Hankey moved to allow the applicant to withdraw without prejudice; seconded by William Nicholson; passed 5-0.
7:28 pm
08-33 Michael Pelletier, 200 Lecount Hollow Rd., Map 30, Parcel 603: Application for Special Permit under WZB 6.21 to use the existing cottage as an Affordable Accessory Dwelling Unit after completing a new residential structure on the property. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Robert Hankey. The Pelletier’s gave an overview of the project, stating they want to live here year round and would like to keep the cottage as an affordable housing unit after the completion of a year-round dwelling is built. A letter was read objecting to the project from Judith Peterman and a letter from
the Cape Cod National Park objected to the project stating they opposed a previous request for an additional dwelling on the property in 2004. Carol and Jack Shadoian, abutters across the street, questioned if any new dwellings could be constructed in the National Seashore. Drucker stated there are several new articles coming up at a Town Meeting, which if passed, could affect any permit issued and requested this case be continued until after the town meeting.
Pelletier stated he had the approval from the Health Department, had provided plans for a Title 5 septic system, water samples, etc. Pelletier stated he is confused with the policies of the Park regarding rental properties, throwing people out of their homes and letting the houses decay. He stated the house he has designed will be hidden from roads, and they do not want to demolish the cottage. He stated he has 3.1 five acres in total, with 2.59 acres on the right side of the road where they want the new house and the cottage are located. His deed states he can build a four bedroom house. Heyliger reminded Pelletier the Board can only hear the
case for the affordable dwelling unit. The Pelletiers stated they want to live in the cottage while the house is being built. Drucker stated Affordable Housing is allowed in the National Park. Drucker stated the Board would need to look at the main house plans and the affordable house, and get a signed off approval from the Health Agent. Vern Jacob moved to continue to 11/13/08; seconded by Robert Hankey; passed 5-0. .
7:53 pm
08-34 Richard and Henrietta Bock, 230 Chequessett Neck Rd., Map 14, Parcel 83: Application for a Special Permit under WZB 6.1.5 to demolish and reconstruct dwelling.
The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. Bock stated they have owned the house for 23 years and it requires updates, including bringing it up to code and make it energy efficient. It will be just over 1,000 sq. ft. The neighbors are supportive of the project. The architect, Edrick vanBeuzekom gave an overview of the nonconformities. The only increase in nonconformity is the overhang. Manny Heyliger suggested the Board recommend cement stairs for the basement stairwell instead of landscaping timbers. Bruce Drucker
moved for Findings of Fact:
1. The lot is nonconforming and it also lacks the required frontage.
2. The house is nonconforming because of an approximate three foot intrusion on the southwest corner of the lot.
3. The house is a lawful preexisting, nonconforming structure having been built in 1955.
4. The proposed construction will result in a minimal intrusion into a small portion of the side setbacks.
5. There was no objection from abutters.
6. There will be no change in use.
7. There will be no increase in use.
8. The proposed construction is in keeping with the general characteristics of the neighborhood.
9. The proposed construction is not more detrimental to the neighborhood than the current structure.
10. The building coverage will be increased from 4.7 % to 5.33 % which is within the maximum allowable 15% lot coverage.
Robert Hankey moved to approve the Findings of Fact; seconded by Manny Heyliger; passed. 5-0.
Based on the Findings of Fact, Bruce Drucker moved to grant the Special Permit; seconded by Robert Hankey; passed 5-0.
8:10 pm
08-35 Charles Amsler, 2520-A, Rte 6, Map 23, Parcel 34: Application for a Special Permit under WZB 5.4.13 for intensity of use application of more than one allowed principal use and/or principal building on a lot: WZB 5.3.2 Commercial Boat House for the winter storage of 24 boats from November 1 to May 30. Vern Jacob recused himself. The Board consisted of Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger and Don Palladino.
Charlie Amsler stated he has tried to lease or sell the property and has looked for many ways to make money on the property. He stated he would remove all the uses on the property if a tenant wanted to build on the land. He has approached Bay Sails and Wellfleet Marine and found there is a need for boat storage. The property has been hardened and shelled and is well screened from the road. Amsler stated the maximum size of boats would be 27’ to 30’ each, there will be no structure over the boats and no work or service will be performed on the
boats on the property. Amsler identified the uses on the property as a produce business, a hot dog stand, bulk water system, along with the real estate business. He stated the fresh water business is controlled by DEP. The Building and Health Agents have surveyed the property and have approved the uses. Hankey stated the uses on the property are auxiliary buildings. Nancy Cook, abutter, stated she does not want traffic down Oriole Lane and she read the conditions from SP 04-22. Abutter Lois Rustia, objected to not being notified and is concerned that there will be 5 operations on the property, as well as there being an increase of traffic and safety issues. She stated the lights shine on her property and feels 24 boats on trailers is too much and feels people will work on their boats during the off
season. She is concerned there may be boats left year round on the property. After further discussion among the Board, Bruce Drucker moved for Findings of Fact:
1. This is an application for the storage of 24 boats on the property and is an application for more than one principal use on the property.
2. There are objections from abutters.
3. The commercial boathouse is a use permitted by Special Permit in this district.
4. The storage of boats would be seasonal, mainly from November 1 to May 30.
5. The proposed use is consistent with similar uses on Route 6 and elsewhere in town.
Bruce Drucker moved the Findings of Fact; Manny Heyliger seconded; passed 5-0.
Bruce Drucker moved to approve the Special Permit based on the Findings of Fact for the storage of up to 24 boats on the premises subject to the following conditions:
1. The storage is limited to the period from November 1 to May 30
2. No work of any kind shall be done to the boats in storage on the premises.
3. The boats will be stored exclusively in the area marked with an X on the site plan.
4. There will be no construction of boats, rental of boats, boats for hire or for compensation, and no sale of boats or marine equipment/supplies on the premises.
Seconded by Don Palladino; passed 5-0.
08-36 Richard and Barbara Schiffrin, 174 Samoset Ave, Map 28, Parcel 89: Application for a Special Permit under 6.1.5 to remove and rebuild two preexisting nonconforming dwellings. The applicant must appear before the Conservation Commission and Attorney Duane Landreth requested a continuation. Bruce Drucker moved to continue to 11/13/08; seconded by Robert Hankey, passed 5-0.
Other Business
Robert Hankey moved to adjourn at 9:30 pm; seconded by Bruce Drucker; passed 5-0.
Respectfully submitted,
Christine A. Bates
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