ZONING BOARD OF APPEALS
JUNE 12, 2008
MINUTES
Members Present: Victoria Dalmas (Chairman), John Lennox (Vice Chairman), Roger Thurston (Clerk), Kathryn Sette, John Zazzaro (Alternate).
Absent: Donald Intonti, David Fleming (Alternate).
Staff Present: Sarah Raposa/Town Planner.
Chairman Victoria Dalmas called the meeting to order at 7:02 PM.
John Zazzaro sitting as Alternate.
Continued Hearing - Special Permit/Variance
Appeal #Z2008-04 - Peter Doolittle seeks relief on setback requirements under Town of Eastham Zoning By-Laws Section VI. Non-conforming Uses, Paragraph D. for alterations and construction of a new building on property located at 2355 State Highway, Map 15 Parcel 087.
A MOTION to grant applicant a Withdrawal Without Prejudice as requested (in writing) was made by Kathryn Sette and Seconded by John Lennox.
Discussion:
Town Planner answered questions from Board regarding status of case and removal of canopy.
Chairman will discuss this matter with the Building Inspector.
The VOTE: 4-0 IN FAVOR – Kathryn Sette, John Lennox, Roger Thurston, and Victoria Dalmas. OPPOSED: NONE.
Motion Passed.
New Hearing - Special Permit/Variance:
Appeal #Z2008-06 - Jessica Strauss seeks appeal of the Building Inspector/Zoning Enforcement Officer's decision to deny a building permit. The basis of the decision dated 4/15/08 is that the paper road Pleasant Avenue constitutes a way and requires a setback from its layout. The applicant seeks a special permit under Eastham Zoning By-Laws Section VI.C., or, in the alternative, a Variance from Section IX.B.5. on property located at 31 Martha Avenue (Rear), Map 10 Parcel 202.
Representation by applicant's attorney Duane P. Landreth, Esq. and engineer David A. Lyttle with presentation of the project given by Attorney Landreth. Jessica Strauss addressed the Board further explaining the plan to reconstruct the existing 3-bedroom dwelling adding a second floor and communications with her neighbors regarding the proposed upgrade.
Abutters:
Mr. Dean Schofield, 35 Martha Avenue, Eastham and Holliston, MA commented his concern about the need to stay within the zoning pressures as they currently exist while minimizing the mass. He submitted written comments to both the Zoning Board of Appeals and the Planning Board dated June 10, 2008 and April 4, 2008 respectively.
Williamson family, 25 Martha Avenue, Eastham, and Orleans and Boston, MA represented by William Riley, Esq. expressed their concerns about the detrimental impact of this project on the neighborhood. Attorney Riley spoke against the issuance of a special permit giving examples of similar determinations in neighboring towns and the legal ramifications. He suggests the procedure for issuance of a Variance be followed as there is nothing unique about this situation and there is no hardship in meeting the statute.
Chairman to carefully proceed and in the desire to do the right thing would like more information to include consulting with the Town Counsel on whether, if this is the creation of a new nonconformity, is the Special Permit standard the appropriate standard to apply or by law must we apply the Variance standard.
Mr. Lyttle on behalf of the applicant that although the Board is in a position to take a vote on the first prong of the application regarding the position of the Building Inspector but would need to delay for further information the Special Permit or Variance issue, they would prefer that entire matter be continued.
Board member Kathy Sette pointed out that her appointment is over at the end of this month.
A MOTION to continue Case No. Z2008-06 until a June 26, 2006 special meeting at 7:00 p.m. was made by Kathryn Sette and Seconded by John Lennox.
The VOTE: 5-0 IN FAVOR – Kathryn Sette, John Lennox, Roger Thurston, John Zazzaro and Victoria Dalmas. OPPOSED: NONE.
Motion Passed.
Minutes
A MOTION to accept the Minutes of the April 10, 2008 meeting was made by Kathryn Sette and Seconded by John Lennox.
The VOTE: 5-0 IN FAVOR – Kathryn Sette, John Lennox, Roger Thurston, John Zazzaro and Victoria Dalmas. OPPOSED: NONE.
Minutes accepted.
Deferred action on the Minutes of May 8, 2008 as only two members present who attended that meeting.
Adjournment
A MOTION to adjourn was made by John Lennox and Seconded by John Zazzaro.
The VOTE: 5-0 IN FAVOR - Kathryn Sette, John Lennox, Roger Thurston, John Zazzaro and Victoria Dalmas. OPPOSED: NONE.
The meeting was adjourned at 8:59 P.M.
Respectfully submitted,
Roger Thurston, Clerk
Eastham Zoning Board of Appeals
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