TOWN OF
ZONING BOARD OF APPEALS
MEETING MINUTES OF
MEETING HELD IN TOWN
Members Present: Patrick Eleey, Peter Page, Elisabeth Verde, Robert Littlefield, Amy Germain and Keith Amato.
Members Absent: None.
Others Present: Matt Mulvey (Building Commissioner), Maxine Notaro (Permit Coordinator) and Ellen C. Battaglini (Recording Secretary).
Chair Patrick Eleey called
the Work Session to order at
PENDING CASES:
The
applicants seek an appeal of the Building Commissioner’s decision under Article
5, Section 5223 of the Zoning By-Laws at the property located at
Presentation:
Attorney Brian J. Wall made a request to be
heard by the Board in order to answer some of the questions that had been
raised at the previous hearing and to rebut arguments voiced by the proponents
of the project. He discussed the issues involved in the case, including whether
his clients have standing in this appeal, repetitive petitions and the statute
of limitations, and the scale of the structure on site, specifically what data
was relied on to make that scale determination. He concluded by reiterating
that his client’s seek to have the building permit issued for the structure on
site annulled.
Board Discussion: The Board questioned Attorney Wall and discussed
the case.
Chair
Patrick Eleey postponed the Work Session at
PUBLIC HEARING
Chair
Patrick Eleey called the Public Hearing to order at
2007-53
The applicant seeks a
Special Permit under Article 3, Section 3110 of the Zoning By-Laws to extend up
and along the pre-existing, non-conforming east (rear) and south (side)
setbacks. The applicant wrote to request a continuance to the
Amy Germain
moved to accept the request for a continuance for Case #2007-53 to
The
applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning
By-Laws for an extension of a pre-existing, non-conforming structure up and
along non-conforming dimensions. Patrick Eleey, Peter Page, Elisabeth Verde,
Robert Littlefield and Amy Germain sat on the case.
Presentation:
Attorney Robin B. Reid, Tom Fielding and
Scott O’Connor appeared to present the application. The applicants seek to
construct a single family unit above a commercial unit at the premises. They
propose to add a story and a half to the structure. Attorney Reid argued that
the Board only needs to make a ‘finding’ at a Public Hearing, according to
Article 3, Section 3110, that the project is not substantially more detrimental
to the neighborhood than the non-conformancy that presently exists. This is a
less onerous standard than what is required for the granting of a Special
Permit, which standard can be found in Article 5, Section 5330. And, since it
is only a ‘finding’ and not a Special Permit, which requires a four vote
minimum to be approved, only a majority vote is needed from the Board. She also
noted that the project is in conformance with the Local Comprehensive Plan.
Public Comment:
Russ Sanderson, an abutter, spoke of his concerns regarding the project, which
included the proximity of the structure to his property and the future use of the
property. Rhoda Rossmore, Neil Toule, Steve Fletcher, Trevor Pinker, John Dowd,
Jennifer Crooks, Steve Mascillo, Laura Demolino, Steve Berkowski and Sheila
LaMontagne all spoke in favor of the application. Cilla Lyon and Robert Pastor
spoke against the application. There were 2 letters in favor and 1 in
opposition to the project.
Board Discussion: The Board questioned Attorney Reid, Mr. Fielding
and Mr. O’Connor. The Board discussed, and Matt Mulvey, the Building Inspector,
also affirmed, that another staircase was needed for a second means of egress
from the building for safety reasons. The Board suggested that the applicants
submit revised plans showing an additional means of egress from the building in
order to comply with the State Building Code. The applicants requested a
continuance until the
Amy Germain moved to grant the request for a continuance for Case
#2007-46, Robert Littlefield seconded and it was so voted, 5-0.
The
applicant seeks a Variance under Article 2, Section 2471 of the Zoning By-Laws
to amend Case 2007-04 to delete Addendum A. Patrick Eleey, Peter Page,
Elisabeth Verde, Robert Littlefield and Amy Germain sat on the case.
Presentation:
Attorney Robin B. Reid and Victor DePoalo
appeared to present the application. Case #2007-04 involved a request by the
applicant for a parking Variance at the property. The Variance was granted to
the applicant. Addendum A was a settlement agreement reached between the
applicant and abutters who had appealed three Special Permits previously
granted by the Board. The Board decided to include Addendum A in their written
decision in Case #2007-04. Attorney Reid argued that Addendum A should not be
part of that decision. The conditions in the Addendum, one of which includes a
restriction on the height of the structures on the site, refer to matters that
were the subject of the three appealed Special Permits and have nothing to do
with the issue of parking on the site. Neither do the conditions included in
Addendum A have any relation to the other findings of fact that the Board made
to support its decision to grant a parking Variance in Case #2007-04. Addendum
A is a private agreement between two parties and should not be part of the
Board’s decision. The applicant, therefore, seeks its removal from the
decision.
Public Comment: Attorney E. James Veara, representing the Galeforce
Village Condominium Trust, an abutter to the project, spoke against the
application. The Addendum was a settlement agreement reached between his
clients and the applicant, subsequently made part of the Board’s decision in
Case #2007-04 and should be enforced as such. Lynne Davies, speaking as a
private citizen and not as the former Chairman of the Zoning Board of Appeals
nor as a member of the Board of Selectmen, spoke about the findings of fact
that were part of the decision in Case # 2007-04. Alan Galant, representing the
Safe Harbor Condominium Trust, spoke against the application as did Carol
Carlson and David Leonard. There were 6 letters in opposition and none in
support of the application.
Board Discussion: The Board questioned Attorney Reid and Mr.
DePoalo.
Peter Page moved to deny the application, Amy Germain seconded and it was
so voted 4-0-1 (Patrick Eleey abstaining). Patrick
Eleey will write the decision.
Chair
Patrick Eleey postponed the Public Hearing at 9:05 P.M.
Chair
Patrick Eleey reconvened the Public Hearing at 9:17 P.M.
2007-52 175 Bradford Street Extension (Residential 3 Zone), E.
James Veara, Esq. on behalf of Galeforce Village Condominium Trust -
The
applicant seeks an appeal of the Building Commissioner’s decision under Article
5, Section 5330 of the Zoning By-Laws. Patrick Eleey, Peter Page, Elisabeth
Verde, Robert Littlefield and Amy Germain sat on the case.
Presentation:
Attorney E. James Veara appeared to present
the application. This is an appeal from the Building Commissioner’s refusal to
enforce the Board’s decision, specifically Addendum A, in Case #2007-04.
Attorney Veara contends that the height of the buildings on the site exceeds
the 29’ restriction that is part of Addendum A and his clients seek enforcement
of that restriction.
Public Comment: Attorney Robin B. Reid, representing Victor
DePoalo, spoke against the application. She indicated that there were no plans
stamped by the Board to indicate grade and her client contends that what he has
built on the property conforms to the plans he submitted to the Board at the
time the application was discussed. There were no letters in the file.
Board Discussion: The Board questioned Attorney Veara and discussed
the issue of ‘finished’ grade versus ‘natural’ grade. They also discussed
establishing a method of measuring height from 6” below the clapboards of a
structure in order to determine finished grade at the property. The Board will
need to determine the height of the buildings in order to render a decision in
this case. Victor DePoalo will have his engineer calibrate the heights
according to this formula.
Patrick
Eleey moved to continue Case #2007-52 until the Board receives height
measurements for the structures located at 175 Bradford Street Extension using
the formula of calibrating that distance from 6” below the clapboards to ridge
height, Amy Germain seconded and it was so voted, 5-0.
2007-54 206-208 Commercial Street (Town Commercial Center Zone), Hal
Winard -
The
applicant seeks a Special Permit under Article 2, Section 2460 of the Zoning
By-Laws for the placement of eleven (11) “fast food” seats. The applicant
requested a continuance until the October 4, 2007 hearing.
Peter Page moved to accept the request for a
continuance of Case #2007-54 to the October 4, 2007 hearing, Robert Littlefield
seconded and it was so voted 5-0.
2007-55 149A Commercial Street (Residential 3 Zone), Robert
Valois on behalf of Laura Rood -
The
applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning
By-Laws to extend up and along a pre-existing, non-conforming east side setback
by adding the required egress door onto a new deck to replace an existing
second floor roof. Patrick Eleey recused himself because of a conflict of
interest. Peter Page, Elisabeth Verde, Robert Littlefield, Amy Germain and
Keith Amato sat on the case.
Presentation:
Robert Valois and Laura Rood appeared to
present the application. The applicant seeks to replace a second floor roof
with a deck area where a second means of egress will exit the structure at the
premises.
Public Comment:
None. There were 4 letters in favor and none opposed.
Board Discussion: The Board questioned Mr. Valois and Ms. Rood.
Keith Amato moved to grant a Special Permit under Article 3, Section 3110
of the Zoning By-Laws to extend up and along a pre-existing, non-conforming
east side setback by adding the required egress door onto a new deck to replace
an existing second floor roof at the property located at 149A Commercial Street
(Res 3), Elisabeth Verde seconded and it was so voted, 5-0. Keith Amato will write the decision.
Chair
Patrick Eleey announced that the discussion of Case #2007-45 would not be
continued this evening. Co-Chair Peter Page then continued the hearing.
2007-56 10 Commercial Street, Unit #11 (Residential 1 Zone), Mario
Russo and Frank Gilligan -
The
applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning
By-Laws to extend a pre-existing, nonconforming dimension up and along the west
elevation of a single family dwelling. Peter Page, Elisabeth Verde, Robert
Littlefield, Amy Germain and Keith Amato sat on the case.
Presentation:
John DeSouza, Tom Thompson, Mario Russo and
Frank Gilligan appeared to present the application. The applicants seek to
construct a small dormer on the west side of the structure.
Public Comment: None. There were 5 letters in the file in favor and
none opposed.
Board Discussion: The Board questioned Mr. DeSouza and Mr. Thompson.
Robert Littlefield moved to grant a Special Permit under Article 3,
Section 3110 of the Zoning By-Laws to extend a pre-existing, nonconforming
dimension up and along the west elevation of a single family dwelling at the
property located at 10 Commercial Street, Unit #11 (Res 1), Keith Amato
seconded and it was so voted, 5-0. Elisabeth
Verde will write the decision.
Co-Chair
Peter Page adjourned the Public Hearing at 11:00 P.M.
Co-Chair
Peter Page reconvened the Work Session at 11:00 P.M.
ADMINSTRATIVE
AMENDMENT:
Ted
Malone – Modification to Comprehensive Permit for 122 Bradford Street
Extension.
Elisabeth
Verde recused herself because of a conflict of interest. Peter Page, Robert
Littlefield, Amy Germain and Keith Amato sat on the request.
Presentation: Ted Malone appeared to discuss the request. The
unit and bedroom mix at the property has been altered since the Comprehensive
Permit was granted by the ZBA in February of 2007. Mr. Malone needs to present
a modified Comprehensive Permit to the Board of Selectmen for their approval.
He is requesting a modified Comprehensive Permit from the Board in a form
sufficient to record at the Barnstable County Registry of Deeds.
Board Discussion: Several of the Board members were not familiar with
the Comprehensive Permit that was granted and feel that they could not render
an informed decision until they had more information. The request will be
re-presented at the October 4, 2007 hearing.
PENDING
DECISIONS:
2007-49 6 Gosnold Street (Residential 3 Zone), Scott
William Brady on behalf of Nick Calabrese -
Patrick Eleey, Elisabeth Verde, Robert
Littlefield, Amy Germain and Keith Amato sat on the case. Robert Littlefield
read the decision. Elisabeth
Verde moved to accept the language as written, Keith Amato seconded and it was
so voted, 4-0-1(Amy Germain abstaining).
2007-50 162 Commercial Street (Town Commercial Center Zone), William
N. Rogers II, P.E., P.L.S. on behalf of the 162 Commercial Street Realty Trust
-
Patrick Eleey, Peter Page, Elisabeth Verde,
Robert Littlefield and Amy Germain sat on the case. Robert Littlefield read the
decision. Keith Amato moved to accept the language as written, Robert
Littlefield seconded and it was so voted, 3-1 (Amy Germain opposed).
The next meeting will be on October 4, 2007 and will be held in the Judge Welsh Hearing Room. It will consist of a Work Session at 6:00 P.M. and a Public Hearing at 7:00 P.M.
ADJOURNMENT:
Keith Amato moved to adjourn at 11:30 P.M. and it was so voted
unanimously.
These minutes were approved by a vote of the Zoning Board of Appeals at their meeting on October 4, 2007.
Respectfully submitted,
_______________________________________________ Ellen C. Battaglini
Zoning Board of
Appeals Signature