Minutes of Zoning Board of Appeals Public Meeting
Date: January 9, 2009
Time: 7:00 PM
Attendees: Vice Chair Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, Don Palladino, Manny Heyliger, and Christine Bates, Committee Secretary.
Regrets: Chair Vern Jacob and Tom Reinhart
Acting Chair Bruce Drucker opened the meeting at 7:00 pm and gave an overview of the procedures of the hearings.
Public Hearings:
7:02 pm
08-42 Barrett, 12 Ione Rd., Map 28, Parcel 57, Application for a Special Permit under WZB 6.1.5.1 to remove existing deck and replace with 16’ x 24’ deck, and move existing stairs to west face of decking. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Robert Hankey, Don Palladino. Chet Lay represented the applicant and gave an overview of the project. He stated the applicant discussed the project with the abutters and the original plans were changed to accommodate them. Letters from abutters Tyler and Boelhouwer were read into the record stating their support for the project. Bruce Drucker moved for
Findings of Fact:
1. The structure was built in 1968 according to the Assessors office.
2. It is a non conforming lot due to size and frontage.
3. The structure is nonconforming due to intrusions into the side setbacks.
4. The entire structure is within the 100’ setback from the coastal bank.
5. The proposed addition intrudes into the 50’ setback from the coastal bank.
6. There will be a slight decrease of intrusion into the west setback.
7. The proposed structure is not substantially more detrimental to the neighborhood.
8. There will be no change in use.
9. There was no objection from abutters.
Bruce Drucker moved the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Based on the Findings of Fact, Bruce Drucker moved to approve the Special Permit; seconded by Don Palladino; passed 5-0.
timeHour19Minute137:13 pm
08-43 Steiner, 1 Indian Neck Rd., Map 28, Parcel 231.1: Application for a Special Permit under WZB 6.1 to rebuild deteriorated 12’ x 12’ accessory building within setbacks.
The Board consisted of Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger and Roger Putnam. Andrew Maher, the contractor, represented the Steiners and gave an overview of the project. He stated he received a general permit to make the repairs and discovered deterioration of the materials to most of the upper portion of the shed. Because he did additional work above and beyond the general permit, he was seeking a Special Permit. Mr. Steiner stated the shed was always two stories and the volumetric increase is in the pitch of the roof.
A letter from Building Inspector, Paul Murphy, was read into the record. Patty Elliott, an abutter, supported the project. Roger Putnam stated Andrew Petty, Assistant Health Agent, does not consider the second story to be a bedroom. There was discussion regarding the small portion of property sold to an abutter for septic installation and the setbacks. Maher stated the volumetric increase to the accessory building will be an increase of approximately 20% . Mrs. Steiner was advised by Paul Murphy that they did not have to go before the Conservation Commission because there was no digging involved. Bruce Drucker moved for Findings of Fact:
1. This is a lawfully nonconforming preexisting structure having been built in approximately 1945 according to the Assessors office.
2. The structure is nonconforming due to intrusion to the setback.
3. There will be no change in use.
4. There will be no increase in use.
5. There was no objection from abutters.
6. The increase in the setback is only volumetric involving the pitch of the roof by approximately 20%.
7. The proposed construction is not substantially more detrimental to the neighborhood.
William Nicholson moved to approve the Findings of Fact; seconded by Roger Putnam; passed 5-0. Based on the Findings of Fact, Bruce Drucker moved to grant the Special Permit; seconded by Roger Putnam, passed 5-0.
Other Business
Bruce Drucker moved to approve the 12/11/08 meeting minutes as amended; seconded by William Nicholson; passed 5-0.
William Nicholson moved to adjourn at 7:40 pm; seconded by Roger Putnam; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary .
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