Minutes of Zoning Board of Appeals Public Meeting
Date: November 13, 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 7:00 pm. and informed the applicants and audience the procedures for the hearings. Robert Hankey requested not to be assigned to any Boards due to difficulties hearing; however, he stated he would still like to make comments.
Chair Jacob stated the wording in the decision of the Ball Appeal (Case 08-19) was not clear and although the amended wording will not change the meaning or the decision of the Board, it makes it clearer and precise. “(2) the Building Inspector’s decision is modified by holding that the commercial storage of boats within a 15 foot setback around the property at 5 Pinecrest Way is a “substantial extension of such use” with the meaning of MGL Chapter 40A Section 6 and is, therefore, prohibited”, and the condition placed on 5 Pinecrest Way will read: Commercial storage of boats within a 15 foot setback is prohibited and there shall be no stacking of boats:. Don Palladino moved to amend the wording; seconded by Bruce Drucker; passed 5-0.
Public Hearings:
7:05 pm
08-37 Bradley, 130 Briar Lane, Map 13, Parcel 101: Application for a Special Permit under M.G.L. c40A S 6 to build a three season sunroom on a four unit dwelling. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Don, Palladino. Doug Hempel represented the applicant and stated there is an existing deck on the home which they want to enclose. It will not be habitable. He distributed pamphlets to show the design of the construction. Paul Murphy stated it is a multi-family condominium dwelling and is nonconforming by the use of the property. Ms. Bradley stated she has owned the property for
six years and purchased it from Cacciotti. She has approval from the other owners. Bruce Drucker moved for Findings of Fact:
1) There are no objections from abutters.
2) No one appeared at the hearing objecting to the project.
3) There is no change in use.
4) There will be no additional intrusion into the setbacks.
5) This is a multi-family dwelling and the application was sent to the ZBA by the Building Inspector.
6) The proposed addition is not more detrimental to the neighborhood than the existing structure.
Don Palladino moved to approve the Findings of Fact; seconded by William Nicholson; passed 5-0.
Bruce Drucker moved to approve the Special Permit based on the Findings of Fact; seconded by Don Palladino; passed 5-0.
7:17 pm
08-33 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 (Cont’d from 10/9/08) The Board consisted of Vern Jacob, PersonNameBruce Drucker, PersonNameWilliam Nicholson, Manny Heyliger, and Tom Reinhart replacing Robert Hankey. Vern Jacob read the 10/9/08 meeting minutes. Mr. Pelletier provided reports from the Health Department regarding the septic and well. He gave a description of the cottage, identifying the upgrades he made to it. He stated the cottage was there prior to the park being established. Paul Murphy,
Building Inspector, stated the new bylaws will affect the building of the new house. Pelletier stated he spoke to Paul Murphy stating he wanted to wait until the Town made a decision regarding the change in bylaws. He stated he wanted to do an affordable dwelling and keep the cottage. The Board recommended Mr. Pelletier seek counsel due to the changes in the bylaws. There was discussion regarding two buildings on the same lot. Paul Murphy stated it is a complicated application. Drucker stated there have been no plans submitted for the new building. The Board has two issues regarding the property which are the affordable unit and the new bylaw regarding the second dwelling on the lot. Pelletier stated he would like a continuation. Tom Reinhart moved to continue to 12/11/08; seconded Bruce Drucker; passed 5-0.
7:47 pm
08-38 Lamb, 82 Ione Rd., Map 28, Parcel 67: Application for a Special Permit under WZB 8.4.2; Section 6.1.5.1 and M.G.L.c 40A S 6 and WZB Section 8.2.2 and M.G.L.c. 40A, S7 to alter a pre-existing nonconforming structure that is over 10 years old by adding a second floor and a 6’ x 9’ addition in place of a portion of an existing deck onto their residence. Manny Heyliger recused himself. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Tom Reinhart and Don Palladino. Attorney Ben Zehnder represented the applicant and stated this application came before the Board prior to the bylaw changing regarding a
noncompliant structure, which was voted in by Town Meeting in April 2007. The current dwelling is a 723 square foot structure which is nonconforming due to setbacks, and they want to add a second story plus a small bump out where the existing deck is located. There are three bedrooms. Zehnder reviewed two previous Special Permits the Board approved for second stories on the same road. David Wright, abutter, stated this would be the 4th house that would double in size and stated the character of the neighborhood has changed. The Board discussed if another second story dwelling would be detrimental to the neighborhood and Drucker requested confirmation whether the 1997 Board of Health conditions limited thie property to two or three bedrooms. Zehnder stated the lot coverage is 14.7% in the upland area of the property. The Lambs stated they get along well with their abutters. Bruce Drucker moved to continue to 12/11/08;
seconded by Don Palladino; passed 5-0.
8:20 pm
08-25 Terry and Tamara Colvin, 308 Alden Road, Map 24, Parcel 97: Application for a Special Permit under WZB 6.1.1, 6.1.5.1, 8.4.2 and M.G.L. c.40A S 6 to alter a preexisting nonconforming single-family residence by removing existing dwelling and deck and replace on same footprint with the addition of walk-out basement and first-floor porch, as well as install two retaining walls to support proposed structure under 6.2 and M.G.L.c40A S 6. (Cont’d from 10/23/08). Manny Heyliger recused himself. The Board consisted of Vern Jacob, William Nicholson, Roger Putnam, Tom Reinhart and Don Palladino. Attorney Ben Zehnder represented the applicant
and stated the new plans comply with the changes the Board requested. The roof will be reduced by 1 foot in height, grading will take place around the basement, and the house will be moved approximately 15 feet toward the southerly lot line. Kathleen Robinson, abutter, stated it will impact her view more than if they left the house where it is located. She requested a view easement to the south and is opposed to the enclosed porch. Attorney Henchey, represented Ms. Krasting, an abutter, and stated Krasting is supportive of the plans. He stated the Board does not have the authority to authorize view easements as requested by Robinson. Zehnder stated the house is moving into the area where the trees are located. The Robinson’s stated this will block their view. Zehnder stated the proposed plan would require two separate special permits, one under the current bylaws and one under the National Seashore Park criteria. The Board
stated the Colvin’s have complied with their objectives. Tom Reinhart moved for Findings of Fact; seconded by Roger Putnam; passed 5-0.
Findings of Fact:
1) This is a pre-existing, nonconforming lot.
2) The scenic views have been considerately treated.
3) The extent of nonconformity with regard to Alden Road has been modestly alleviated.
4) There is an increase in the habitable space.
5) The proposed project is not substantially more detrimental to the neighborhood than the existing structure.
Roger Putnam moved the Findings of Fact; seconded by Don Palladino; passed 5-0.
Vern Jacob moved to approve the Special Permit based on the Findings of Fact; seconded by Don Palladino; passed 5-0.
8:49 pm
08-28 Colvin, 308 Alden Road, Map 24, Parcel 97: Application for a Special Permit under WZB 6.1.1 (Non-conforming uses – alteration or extension); 6.1.5.1 (Alterations to non-conforming single or two-family residential structures); 8.4.2 (Special Permits); Proposed Bylaw Amendment 5.4.3.1 (Maximum Site Coverage in the National Seashore Park); Proposed Bylaw Amendment 6.24.2 (Applicability of National Seashore Park District Special Permit); Proposed Bylaw Amendment 6.24.3 Standards and Criteria of National Seashore Park) (Cont’d from 09/25/08)
The Board consisted of Vern Jacob, PersonNameWilliam Nicholson, Roger Putnam, Don Palladino, and Tom Reinhart. Attorney Ben Zehnder stated this bylaw was approved in October 2008 and will be sent to the Attorney General, If the Special Permit is required to be approved under the new bylaws, the standards and criteria have changed. Zehnder reviewed Bylaw 6.24.3 standards and criteria. The plans almost double the size of the proposed dwelling, exceeding the 50% formula of the Cape Cod National Seashore. Attorney Henchey, representing Krasting, stating there is no objection. Zehnder reviewed 5.4.3.1. (for detailed discussion regarding this
property, refer to Special Permit 08-25).
Roger Putnam moved for Findings of Fact:
1) The intents of Zoning Bylaw 6.24.2 and the standards and criteris of ZBY 6.24.3 are met by the proposed project.
2) This is a pre-existing, nonconforming lot.
3) The scenic views have been considerately treated.
4) The extent of nonconformity with regard to Alden Road has been modestly alleviated.
5) There is an increase in the habitable space.
6) The proposed project is not substantially more detrimental to the neighborhood than the existing structure.
Tom Rienhart moved the Findings of Fact; seconded by Roger Putnam. Roger Putnam moved to approve the Special Permit based on the Findings of Fact; seconded by Tom Reinhart; passed 5-0.
08-36 Schiffrin, 174 Samoset Avenue, Map 28, Parcel 89: Application for a Special Permit under WZB 6.1.5 to demolish two dwellings and rebuild a two-family dwelling. The applicant requested a continuation. Bruce Drucker moved to continue; seconded by Roger Putnam; passed 5-0.
Other Business
Respectfully submitted,
Christine A. Bates
.
| 