ZONING BOARD OF APPEALS
JULY 1, 2008
MINUTES
Members Present: Victoria Dalmas (Chairman), John Lennox (Vice Chairman), Roger Thurston (Clerk), John Zazzaro (Alternate).
Absent: Kathryn Sette, Donald Intonti, David Fleming (Alternate).
Staff Present: Sarah Raposa/Town Planner.
Chairman Victoria Dalmas called the meeting to order at 7:00 PM.
John Zazzaro, Alternate, joined the Board as a voting member on Appeal #Z2008-04.
Continued Hearing - Special Permit/Variance
Appeal #Z2008-06 - JESSICA STRAUSS appealing decision of the Eastham Building Inspector seeks a Special Permit under Eastham Zoning By-Laws Section VI.C., or, in the alternative, a Variance from Section IX.B.5. for an addition to the residence on property located at 31 Martha Avenue (Rear), Map 10 Parcel 202.
Applicant was represented by Duane P. Landreth, Esq.
FINDINGS OF FACT:
1. Property is located at 31 Martha Avenue, Rear, Map 10, Parcel 202.
2. Lot is located in Residential District A.
3. Applicant seeks to alter and renovate the existing structure covering 640 square feet and extend outward approximately 540 square feet.
4. Applicant seeks a special permit under Eastham Zoning By-Laws Section VI.C.
5. Existing dwelling is 32 feet by 20 feet and was constructed in 1962. It is pre-existing and nonconforming.
6. Applicant desires to demolish the existing dwelling with the exception of the foundation and existing deck.
7. The proposed structure will include one (1) bath and one (1) bedroom on the first floor and two (2) bedrooms, a dressing room, and one (1) bath on the second floor.
8. The project has received approval for three (3) bedrooms by the Board of Health and an existing septic system has been approved.
9. Proposed landscaping has been approved by the Conservation Commission with a design process to restore the coastal dune.
10. Property is located in an environmentally sensitive area.
11. There are two (2) pre-existing, nonconforming setbacks on the north and easterly interior property lines.
12. The southerly boundary has a 30 foot setback and will meet the setback requirements.
13. The applicant has presented the project to the Planning Board for a site plan review but has not received approval at this time.
14. The existing setbacks are: North-20 feet, East-24.2 feet, South-43.9 feet, West-eroding coastal dune-approximately 31 feet.
15. The existing lot contains 10,000 square feet.
16. Opposition to the proposed project has been presented by Joan and Dean Schofield and William F. Riley, Esq. in representation of the Williamson family. Both parties are abutters.
17. The size of the lots to the north, east and south are 20,000 square feet (approximately), 10,000 square feet (approximately) and 20,000 square feet (approximately), respectively.
18. The proposed deck will increase by 36 square feet on the west side.
19. Access to the property is gained over narrow, sandy roads.
20. No negative comments were received from either the Fire or Police Departments.
21. The style of homes in the neighborhood have a mix of "bungalow" and "old style".
22. Objecting abutters represent that the proposed structure will substantially impair their view.
23. The increase in the roof overhang will be 1.5 feet to 3 feet on the northeast and south sides of the dwelling.
24. There will be a full second floor.
25. Plans which were submitted are copies of scale drawings which have been reduced in size through photocopying. They contain no dimensions with the exception of the height.
A MOTION to accept the Findings of Fact was made by John Lennox and Seconded by John Zazzaro.
The VOTE: 4-0 IN FAVOR – John Lennox, John Zazzaro, Roger Thurston, and Victoria Dalmas. OPPOSED: NONE.
Motion Passed.
A MOTION to grant a Special Permit under Section VI.D. of the Eastham Zoning By-Laws for the proposed building, subject to the approval of the revised plans by the Board of Health, the Conservation Commission, and site plan approval by the Planning Board was made by John Lennox and Seconded by Kathryn Sette. The Board finds that the proposed structure will not be substantially more detrimental to the neighborhood nor derogate from the public good.
The VOTE: 3-2 IN FAVOR – Kathryn Sette, John Lennox, and John Zazzaro. OPPOSED: Roger Thurston and Victoria Dalmas.
Motion Fails.
A MOTION at the request of the applicant to permit withdrawal of the following requests without prejudice:
1. To overturn the decision of the Building Inspector; and
2. To receive a Variance from the terms of the pertinent by-law.
was made by Kathryn Sette and Seconded by John Lennox.
The VOTE: 5-0 IN FAVOR – Kathryn Sette, John Lennox, John Zazzaro, Roger Thurston, and Victoria Dalmas. OPPOSED: NONE.
Motion Passed.
Adjournment
A MOTION to adjourn was made by John Lennox and Seconded by Kathryn Sette.
The VOTE: 5-0 IN FAVOR - Kathryn Sette, John Lennox, John Zazzaro, Roger Thurston and Victoria Dalmas. OPPOSED: NONE.
The meeting was adjourned at 9:20 P.M.
Respectfully submitted,
Roger Thurston, Clerk
Eastham Zoning Board of Appeals
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