TOWN OF PROVINCETOWN 

ZONING BOARD OF APPEALS 

MEETING MINUTES OF

February 21, 2008

 

MEETING HELD IN TOWN HALL

 

Members Present: Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard.

Members Absent: Keith Amato (excused).

Others Present:  Russ Braun (Acting Building Commissioner), Maxine Notaro (Permit Coordinator) and Ellen C. Battaglini (Recording Secretary).

 

 

WORK SESSION

 

 

Chair Patrick Eleey called the Work Session to order at 6:47 P.M.

 

MINUTES: February 7, 2008 – Amy Germain moved to approve the language as amended, Elisabeth Verde seconded and it was so voted, 5-0.

 

PENDING DECISIONS:

2008-02                      9 Carnes Lane (Residential 3 Zone), Yuriy Litvinov and Pavel

Fiodarau -

Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on the case. Anne Howard read the decision. Although before she had finished reading, she brought up the issue of the proposed lot coverage for the project. The Board briefly discussed the issue. Acting Building Commissioner Russ Braun went downstairs to check the file.

 

2008-04                      81 Commercial Street (Residential 1 Zone), E. James Veara, Esq. on behalf of Michael Winstanley –

Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on the case. Patrick Eleey read the decision. Amy Germain moved to approve the language as written, Elisabeth Verde seconded and it was so voted, 5-0.

 

Chair Patrick Eleey adjourned the Work Session at 7:05 P.M.

 

 

 

 

PUBLIC HEARING

 

 

Chair Patrick Eleey called the Public Hearing to order at 7:05 P.M. There were 5 members of the Zoning Board of Appeals present and 1 absent.

 

NEW CASES:

2008-09           91 Bradford Street (Residential 3 Zone), Bernard Brahm and Scott Shamenek -

                        The applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning By-Laws for the extension of a pre-existing, non-conforming dimension along the front and side yard setbacks. Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on the case.

                        Presentation: John DeSouza, Tom Thompson, Bernard Brahm and Scott Shamenek appeared to present the application. The applicants seek to add two dormers to the structure; a shed, or Nantucket style, dormer on the rear and a doghouse dormer on the front.  They propose to add a roof deck, or captain’s walk, a deck to the south side and to enlarge the stairway on the Masonic Place side of the house. The latter stairway project will also include in-filling below the existing stairway to create a mud room and adding an additional egress to the north side, making it a double staircase. The footprint and the height of the structure will remain the same.

                        Public Comment: None. There were no letters in the file.

                        Board Discussion: The Board questioned Mr. DeSouza and Mr. Thompson.

                        Anne Howard moved to approve a Special Permit under Article 3, Section 3110 of the Zoning By-Laws for the extension of a pre-existing, non-conforming dimension along the front and side yard setbacks at the property located at 91 Bradford Street (Res 3), Robert Littlefield seconded and it was so voted, 4-1 (Elisabeth Verde opposed). Robert Littlefield will write the decision.

 

2008-10                      37 Alden Street (Residential 3 Zone), Norman M. Barry –

The applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning By-Laws to construct a bedroom addition to a single-family dwelling up and along a pre-existing, non-conforming front yard setback. Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on the case.

Presentation: Norman M. Barry and Hillary Barry appeared to present the application. The applicant seeks to build an addition on the east side of the structure. The setback, averaging the setbacks of the two properties located on either side of this property, is 14’. Mr. Barry is requesting that the addition have an 11’ 6” setback from the property line, which is the road. The Board informed Mr. Barry that he had not submitted the plans that reflect his request. The Board requested that the applicant return with plans showing the corrected proposed setback and the proposed first floor plans. The applicant requested a continuance to the March 6, 2008 hearing.

                       

2008-11           5 School Street (Residential 3 Zone), Robert Valois on behalf of Licia                             Zurn-Galinsky -

The applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning By-Laws to extend a pre-existing, non-conforming structure up and along a rear and front dimensional setback by raising the ridge 7’ 0” and adding dormers to the garage building. The applicant requests to withdraw the application without prejudice.

2008-12           5 School Street (Residential 3 Zone), Robert Valois on behalf of Licia Zurn-Galinsky -

                        The applicant seeks a Special Permit under Article 3, Sections 3110 and 3340E of the Zoning By-Laws to alter and extend a pre-existing, non-conforming structure along its front and side dimensional setbacks and to deviate from the building scale to allow an addition and dormers to the main building. The applicant requests to withdraw the application without prejudice.

                        Amy Germain moved to accept the withdrawal without prejudice of Cases #2008-11 and #2008-12, Anne Howard seconded and it was so voted, 5-0.

 

2008-13           28 Pleasant Street (Residential 3 Zone), Robert P. Babineau -

                        The applicant seeks a Special Permit under Article 3, Section 3110 of the Zoning By-Laws to extend a shed dormer up and along a pre-existing, non-conforming side yard setback. Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on the case.

                        Presentation: Robert Babineau and Sandra Boland appeared to present the applicant. The applicant seeks to extend a pre-existing shed dormer on the second floor.

                        Public Comment: None. There were 2 letters in the file in favor of the application.

                        Board Discussion: The Board questioned Mr. Babineau and Ms. Boland.

                        Robert Littlefield moved to approve a Special Permit under Article 3, Section 3110 of the Zoning By-Laws to extend a shed dormer up and along a pre-existing, non-conforming side yard setback for the property located at 28 Pleasant Street (Res 3), Anne Howard seconded and it was so voted, 5-0. Anne Howard will write the decision.

 

2008-14           881 Commercial Street (Residential 1 Zone), Robert Valois on behalf of Linda Daniels -

                        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 front and side setback dimension by adding a ½ story and dormers. The applicant requests a postponement.

 

2008-15           108 Commercial Street (Residential 3, Zone), Robert Valois on behalf of Peter Demers -

                        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 front and side setback dimension by adding a dormer. Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on the case.

                        Presentation: Robert Valois appeared to present the application. The applicant seeks to add a dormer for more head room on the second floor and to match a dormer on the other side of the house. There will be no change in height.

                        Public Comment: None. There were no letters in the file.

                        Board Discussion: The Board questioned Mr. Valois.

                        Patrick Eleey moved to approve a Special Permit under Article 3, Section 3110 of the Zoning By-Laws to extend up and along a pre-existing, non-conforming front and side setback dimension by adding a dormer at the property located at 108 Commercial Street (Res 3), Robert Littlefield seconded and it was so voted, 5-0. Patrick Eleey will write the decision.

 

The Board briefly discussed the new regulations regarding filing plans at the Registry of Deeds.

 

PENDING DECISIONS:

2008-03                      9 Carnes Lane (Residential 3 Zone), Yuriy Litvinov and Pavel

Fiodarau -

Patrick Eleey, Elisabeth Verde, Robert Littlefield, Amy Germain and Anne Howard sat on the case. Anne Howard read the decision. Robert Littlefield moved to approve the language as amended, Elisabeth Verde seconded and it was so voted, 5-0.

 

The Board discussed Chapter 40B. Chair Patrick Eleey suggested that Board members obtain a copy of it and read it. The Board also discussed inviting someone, possibly from the Cape Cod Commission, who is familiar with 40B to come and talk to the Board

 

The Board discussed the writing of decisions and several issues related to applications.

 

NEXT MEETING:

The next meeting will be on March 6, 2008 and will be held in the Judge Welsh Hearing Room. It will consist of a Work Session at 6:45 P.M. and a Public Hearing at 7:00 P.M.

 

 


ADJOURNMENT: 

Amy Germain moved to adjourn at 9:15 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 March 6, 2008.

 

Respectfully submitted,

_______________________________________________      Ellen C. Battaglini

Zoning Board of Appeals Signature