ZONING BOARD OF APPEALS
FEBRUARY 12, 2008
MINUTES
Members Present: Victoria Dalmas (Chairman), John Lennox (Vice Chairman), Roger Thurston (Clerk), Donald Intonti, Kathryn Sette, David Fleming (Alternate) and John Zazzaro (Alternate).
Staff Present: Michael Ferreira/Assistant Town Administrator and Sarah Raposa/Town Planner.
Chairman Victoria Dalmas called the meeting to order at 7:00 PM.
Donald Intonti recused himself from Appeal No. Z2008-01. David Fleming sitting.
APPEAL #Z2008-01 Southside Realty Trust/John McShane
FINDINGS OF FACT:
1. Applicant requests amendment/modification to an existing comprehensive permit issued on May 6, 2005, to add eight (8) units (two (2) “affordable”, six (6) “market”) pursuant to M.G.L. c.40B, Sections 20-23.
2. Property is located at Brackett Road, Eastham, Map 08 Parcels 191F and 191G.
3. Applicant desires a modification of the permit to allow the front portion of the project to be changed from commercial use to residential units.
4. The applicant intends to construct eight (8) one-bedroom units, two (2) of which shall be “affordable” and six (6) to be sold at the “market” rate.
5. Units will be arranged in three (3) duplex units with two (2) single units.
6. Current zoning requires 40,000 square feet for a two (2) family dwelling under Section IX.A. and 80,000 thousand square feet for a standard duplex dwelling.
7. Applicant claims that his efforts to market this section of the property for commercial use have been unsuccessful for approximately three (3) years.
8. Area in question is composed of two (2) plus acres.
9. “Affordable” units will be priced at $120,000 and “market” units at $350,000.
10. Applicant presents a projected profit margin of 11.4% as stated in his pro forma.
(As Amended at Zoning Board of Appeals Meeting 3-13-08.)
11. Units 8B and 7C will be designated as “affordable”.
12. Applicant requires a waiver to construct duplex and single units in a commercial zone (District D).
13. Applicant requires a waiver to construct duplex units on less than 80,000 square feet.
14. Applicant requires a waiver to Section IX.B. of the Eastham Zoning By-Laws to permit 15 foot frontage, 10 foot side setbacks and 20 foot rear setbacks.
15. Applicant requires a waiver of a site plan review process.
16. Applicant requires an amendment to the previously approved comprehensive permit to include the proposed project change.
17. The entire parcel is owned by Southside Realty Trust.
18. Waste water disposal of the project will be included in the “Community Denitrifying Septic System”.
19. Potable water will be connected to the “Community Water Service”.
20. Current project is 50% occupied and the septic system is functioning in a satisfactory manner.
21. Formal approval by the Eastham Board of Health is pending.
22. Evidence has been presented by the applicant that Massachusetts Housing Authority has no objection to the proposed changes.
23. One letter was presented by a citizen in opposition to the project.
24. The Eastham Critical Planning Committee submitted a letter in addition to verbal opposition to the proposed amendment.
25. Eastham Board of Health has approved a septic plan for a total of 66 bedrooms with units on located on Lots 1, 2, 3, 4, 5, 6, 9, 10. For additional residential units, however, final approval for the entire project and revised changes will be required.
26. Approval for plan changes must be approved by the Department of Environmental Protection.
27. A four (4) foot wide sidewalk is included as shown on the accepted plan.
(As Amended at Zoning Board of Appeals meeting 3-13-08.)
28. No further review by Massachusetts Endangered Species Act is required.
29. The applicant will provide options to the elements of “Visitability” submitted by Physical
Access Committee of Eastham (P.A.C.E.).
A MOTION was made by John Lennox and Seconded by Kathryn Sette to accept the Findings of Fact as presented.
The VOTE: 5-0 IN FAVOR – David Fleming, Kathryn Sette, John Lennox, Roger Thurston, and Victoria Dalmas. OPPOSED: NONE.
A MOTION was made by David Fleming and Seconded by Kathryn Sette to grant an
amendment to the existing 40B Comprehensive Permit based on the Findings of Fact and contingent upon the approval of the Eastham Board of Health and Massachusetts Department of Environmental Protection.
The VOTE: 4-1 IN FAVOR – David Fleming, Kathryn Sette, John Lennox and Victoria Dalmas. OPPOSED: Roger Thurston.
Road Naming
A MOTION was made by Roger Thurston and Seconded by David Fleming to approve the road
names for Brackett Landing as “Stellwagen Way” and “Dory Lane”.
The VOTE: 5-0 IN FAVOR – David Fleming, Kathryn Sette, John Lennox, Roger Thurston,
and Victoria Dalmas. OPPOSED: NONE.
Minutes
A MOTION was made by Kathryn Sette and Seconded by David Fleming to accept the Minutes of January 10, 2008 as presented.
The VOTE: 5-0 IN FAVOR – David Fleming, Kathryn Sette, John Lennox, Roger Thurston, and Victoria Dalmas. OPPOSED: NONE.
Executive Session:
A MOTION was made by Roger Thurston and Seconded by John Lennox to go into executive session to discuss pending litigation and return to open session only to adjourn.
The VOTE: 5-0 IN FAVOR - Donald Intonti, Kathryn Sette, John Lennox, Roger Thurston, and Victoria Dalmas. OPPOSED: NONE
EXECUTIVE SESSION
Returned to open session at 9:03 PM.
Adjournment:
A MOTION to adjourn was made by Kathryn Sette and Seconded by John Lennox.
The VOTE: 5-0 IN FAVOR - Donald Intonti, Kathryn Sette, John Lennox, Roger Thurston, and Victoria Dalmas. OPPOSED: NONE
The meeting was adjourned at 9:05 PM.
Respectfully submitted,
Roger Thurston, Clerk
Eastham Zoning Board of Appeals
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