Zoning Board of Appeals Meeting

Town of Harwich

ZONING BOARD OF APPEALS

tel:  508-430-7506   fax: 508-430-4703

PUBLIC HEARING

Wednesday, April 29, 2015 at 700 p.m.

Griffin Meeting Room, Harwich Town Hall

On Wednesday, April 29, 2015 at 7:00 PM, the Harwich Zoning Board of Appeals held a Public Hearing in the Griffin Meeting Room at the Harwich Town Hall, 732 Main Street to hear the following cases.

7:00 p.m.

John Burke read into the record the following case:

Kim-Steph Realty Trust, Bernard G. Sykes, Trustee has applied for a Use Special Permit to change the existing conforming use from Manufacturing to an Animal Kennel. The application is pursuant to the Code of the Town of Harwich §325-51 as set forth in MGL Chapter 40A Section 6 and Section 9. The property is located at 191 Queen Anne Road, Map 59, Parcel F1 in the IL Zoning District.

Also filed with this application was a comment folder by the Harwich Fire Department relating to 3 previous violations at this location, not specific to the units associated with this application.

Board members voting on this case were Misters Previd, Burke, Carreiro, Ryer and Hederstedt.

Presenting: Kim Bellingham of Sandcastle Doggie Playcare, Inc. She stated that the business plan for the proposed doggie playcare was based upon a veterinarian designed individual care activity plan. It would be the only non-boarding playcare in Harwich with no proposed changes to the building, just interior fencing and matting. The hours of operation would be 7a.m.to 7p.m., Monday – Friday with 2 full-time and 2 part-time staff. Their hope is for up to 32 dogs. Although there would be no specific behavior training there would be puzzle and interaction training for the dogs.

John Burke noted that it met the state requirements as a kennel and that no license was required.

Dean Hederstedt asked which vaccines were required and the applicant answered that each dog would have the usual rabies, Parvo and kennel cough immunization. David Ryer asked about restrooms for the staff and was told that there is one dedicated to the staff.

Kathleen Muller spoke about her site visit and the trash and debris she saw. She asked if the applicant would be leasing and Ms. Bellingham told her that she and her legal team are in the process of a transfer of ownership to her from her father’s trust.

Mr. Campbell asked about the small abandoned mobile home on the property and Ms. Bellingham said that she would be removing that and cleaning up the property.

A motion to close Board discussion was brought by Mr. Ryer and seconded by Mr. Hederstedt. All approved.

There was no public discussion.

There was a Motion to grant the Use Special Permit by Mr. Ryer as the new use would not be substantially more detrimental to the neighborhood. The Special Permit would change the use from Manufacturing to an Animal Kennel pursuant to the Code of the Town of Harwich §325-51 as set forth in MGL Chapter 40A Section 6 and Section 9. The Special Permit covers units 14 & 15 and provided that the applicant gains ownership of the building, also unit 13.

Motion was seconded by Mr. Burke. All voted in favor of granting the Special Permit.             

7:25 p.m.

Case #2015-26

Robert Tresca, Trustee of Pilgrim Realty Trust, c/o William Crowell, Esq., Representative, has applied for a Special Permit or in the alternative, a Variance to expand a pre-existing non conforming deck as set forth in §325-18.F. (3) and §325-54. A. (2) of the Code of the Town of Harwich pursuant to MGL Chapter 40A Section 6 and Section 10. The property is located at 1 Pilgrim Road, Map 7, Parcel C1-0 in the R-H1 Zoning District.

Board members voting on this case were Misters Previd, Burke, Ryer and Hederstedt and Ms. Muller.

Presenting: Attorney William Crowell and Robert Tresca, owner of 1 Pilgrim Road.  Attorney Crowell stated that the proposal was to laterally and vertically expand a deck on the pre-existing non-conforming dwelling. There would be no change in the footprint and neither of the 2 levels of the new deck would come any closer to the lot lines or increase the total building coverage. Since the proposal would intensify a pre-existing, non-conforming structure, it is a classic Gale case. Mr. Crowell also noted that the newer deck would not be substantially more detrimental to the neighborhood, would add no new non-conformity, nuisance or hazard.

Mr. Previd asked for clarification on placement of boardwalk steps outside the property line. Mr. Crowell said the planks were not permanent and could be removed if anyone complained about them.

There was a motion to close Board discussion by Mr. Burke and seconded by Mr. Hederstedt. All approved. There was no public discussion.

A Motion was brought by Mr. Ryer and seconded by Mr. Hederstedt to grant the Special Permit to expand a pre-existing non conforming deck as set forth in §325-18.F. (3) and §325-54. A. (2) of the Code of the Town of Harwich pursuant to MGL Chapter 40A Section 6 and Section 10, work to be done in accordance with the submitted plans. The Board voted unanimously to approve the Special Permit.

At 7:50 p.m., Mr. Hederstedt brought a Motion to Adjourn. Second was by Ms. Muller. All voted in favor.

Authorized Posting Officer:  Shelagh Delaney, sdelaney@town.harwich.ma.us

Board of Appeals Recording Clerk

MINUTES ADOPTED 5.27.15