Zoning Board of Appeals Meeting

Town of Harwich

ZONING BOARD OF APPEALS

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

PUBLIC HEARING

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

Griffin Meeting Room, Harwich Town Hall

On Wednesday, July 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.

MEMBERS PRESENT: CHAIRMAN GARY CARREIRO, CLERK JOHN BURKE, DEAN HEDERSTEDT, FRANCO PREVID, DAVID RYER AND KATHLEEN MULLER.

7:00 Call to Order by Chairman Carreiro

Kevin P. Hallinan and Betty J. Starkey, owners, c/o Paul A. Tardif, Esq. applied for a Special Permit to demolish a non-conforming 1.75 story single family residential structure and detached garage and construct a new 2 story single family dwelling with no garage. The application is pursuant to the Code of the Town of Harwich §325-54. A. (5) and §325 Table 2 Area Regulations as set forth in MGL Chapter 40A Section 6. The property is located at 28 Pine Street, Map 13, Parcel Z14-A in the RH-1 Zoning District.

Presenting along with the applicant, Kevin Hallinan was Attorney Paul Tardif. Attorney Tardif restated the details in the application and added that the house, which is in the “Campground” area of Harwich Port, was built in approximately 1915. He clarified that the zoning is RH-1 and not RH-2 and that the plan is to remove the garage without replacing it as well as to raze and rebuild the residential structure. The new footprint would improve the site coverage from the current 33.4% to 25.1%, the Pine Street setback from the current 19.5’ to 20.1’, the Park Street setback from the current 4.8’ to 5.1’ and the northerly boundary from the current 2.4’ to 2.7’. Because the proposed plan with the removal of the garage and the new septic system would improve on the site coverage and setbacks, would not be substantially more detrimental to the neighborhood, would cause no nuisance or congestion and would not increase the non-conformity, Attorney Tardif asked that the Board grant the Special Permit.

Voting on the case were Franco Previd, John Burke, Gary Carreiro, Dean Hederstedt and David Ryer.

Misters Previd, Burke, Hederstedt and Carreiro had no comments or questions. Mr. Ryer asked for clarification regarding the zoning confusion and suggested that any conditions for granting the Special Permit include an updated plan with the proper zoning chart. He also wanted clarification on the height of the proposed new dwelling and Attorney Tardif answered that the peak height would be 23.1’ above finished grade. Mr. Ryer added that if the Special Permit were granted, he would like a condition limiting the exterior work to the time period after Labor Day 2015 and before Memorial Day 2016.

Public discussion was limited to the comments of Mr. Rick Hilliard whose family at one time owned the house in question and now owns 30 Pine Street. He spoke of his feelings regarding the changes in the Campground area but expressed the support of his family for the proposed plans at 28 Pine Street.

A Motion to close discussion was made by David Ryer and seconded by John Burke and approved unanimously. Mr. Ryer then moved to grant the requested Special Permit to remove the garage, raze and rebuild the residential structure according to the plans submitted including building plans by Reef Construction dated April 28, 2015 and engineered site/zoning plans by J.M. O’Reilly and Associates, Inc., dated June 15, 2015. The Board found that the plan meets the criteria of the Gale case. The first condition is that the applicant submit amended site/zoning plans with the current zoning table prior to the commencement of construction and that construction be performed according to those amended plans. The second condition is that all exterior construction be limited to the time between Labor Day 2015 and Memorial Day 2016.

The Motion was seconded by John Burke.

Voting unanimously in favor were Misters Previd, Burke, Carreiro, Hederstedt and Ryer.

In New Business:

The Board heard a request for modification of a Special Permit granted in Case # 2015-22 to Karin and Leonard Monfredo c/o their attorney, William Crowell, Esq. The request is for additional demolition required as a result of construction problems discovered during demolition. The property is located at 42 Shore Road, Map # 4, Parcel #B1-30, located in the R-H-1 Zoning District. The requested modification would not result in any change to the footprint, height or external appearance of the dwelling as shown on the originally submitted plans.

Voting on this case were Franco Previd, John Burke, Gary Carreiro, David Ryer and Kathleen Muller.

Presenting with the Applicant, Leonard Monfredo was Attorney William Crowell who restated the details in the application and explained the roof line structural problems encountered during the demolition and reconstruction project first approved by the Board on February 25, 2015. Building Commissioner, David Riquinha agreed with the need for the changes to the plan as noted in the letter attached to the Modification Request. He suggested that the applicants return to the Board for a modification to the originally granted Special Permit. Attorney Crowell asked that the Board grant the requested modification as it would not change the footprint, would not be substantially more detrimental to the neighborhood nor would it add any new non-conformity.

There was no public discussion.

There was a motion to close discussion by John Burke which was seconded by Kathleen Muller and unanimously approved.

John Burke moved and Franco Previd seconded to grant the requested modification to allow for additional razing and reconstruction of the center portion of the dwelling including additional walls and framing within the non-conforming area so long as the foot print, height and exterior appearance of the dwelling as shown on the original plan would not be changed.

Voting unanimously in favor were Misters Previd, Burke, Carreiro, Ryer and Ms. Muller.

 In other business, the Board Approved Minutes from the June 24, 2015 meeting.

Adjournment:

A motion was made by Mr. Burke and seconded by Mr. Hederstedt to adjourn the meeting at 7:45 p.m.

Respectfully submitted,

Shelagh Delaney, Zoning Board of Appeals Clerk

            GARY CARREIRO                                                                8/26/15

________________________________________    ________________________

Gary Carreiro, Chairman                                                         Date