Zoning Board of Appeals Meeting

Town of Harwich

ZONING BOARD OF APPEALS

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

 

 

PUBLIC HEARING

Wednesday, May 27, 2015 at 700 p.m.

Griffin Meeting Room, Harwich Town Hall

 

 

BOARD MEMBERS PRESENT: John Burke, David Ryer, Gary Carreiro, Kathleen Muller

 

TIME   7:00

CALL TO ORDER by Gary Carreiro

 

 

Case #2015-27 Andrew A. Beard and Cristen K. Beard, c/o James B. Stinson, Esq. have applied for a Special Permit to change, alter or extend a non-conforming single family residential structure. The application is pursuant to the Code of the Town of Harwich §325 Table 2 and §325-54. A. (2) as set forth in MGL Chapter 40A Section 6. The property is located at 12 Middleton Drive, Map 5, Parcel P3-2 in the RH-1 Zoning District.

 

James Stinson, Esq., representing the owners, noted that the proposed addition of a 12’ x 12’ 3-season room, built on sono-tubes, would not extend the existing non-conformity and would offer no increase in traffic, noise or pollution to the neighborhood nor would it re-route any sewage.

Mr. Ryer agreed that the planned addition would not be substantially more detrimental to the neighborhood and fell within the Gale Case precedent.

 

There were no additional Board comments and there was no public comment. Mr. Ryer moved for a close in the discussion and Mr. Burke seconded that motion with Mr. Carreiro and Ms. Muller agreeing. Mr. Ryer then moved with a second by Mr. Burke to grant the request for a Special Permit for 12 Middleton Drive to build the proposed addition according to the submitted application and plans of JB Designs dated 2/20/14 and the Site Plan of Down Cape Engineering, Inc. dated 9/9/14 with the condition that the construction vehicles be parked off the road from mid June onward. All voted in favor.

 

 

Case #2015-28

Wychmere Harbor Real Estate, LLC, c/o Andrew Singer, Esq., has applied for an Amendment to Special Permit Case No. 2014-01 pursuant to The Code of the Town of Harwich §325-54 (B) and §325-51 and Table and Use Regulations of the Code of the Town of Harwich Zoning By-Laws and MGL Chapter 40A Section 9. The property is located at 23 Snow Inn Road, Map 8, Parcel P-2 in the R-H3 and RL Zoning Districts.

 

Andrew Singer, Esq. represented Wychmere Harbor Real Estate, LLC and reminded the Board that he had come before them with the same project 2 years ago to tear down the west side of the hotel and build a new structure with 12 more condo units on the 1.7 acres parcel. That Special Permit was granted with the condition that the permit be acted upon by 12/31/15. Mr. Singer was requesting on behalf of his clients a 2 year extension on the Special Permit and Condition G. There were no public comments.

Mr. Burke moved and Ms. Muller seconded to close discussion. All agreed. Mr. Ryer moved to grant the Amendment to the Special Permit granted in case # 2014-01 for an extension of the exercise date to 12/31/17 and an extension of condition G for the project completion date of 12/31/18. Mr. Burke seconded. All voted in favor.

 

 

Case #2015-29

Eleanor Willis has applied for a Special Permit to change alter or extend a non-conforming single family residential structure pursuant to Code of the Town of Harwich §325-54. A. (2) and Table 2 as set forth in MGL Chapter 40A Section 6. The property is located at 100 Deep Hole Road, Map 25, Parcel N3-4 in the RM Zoning District.

 

Presenting for Ms. Willis was Dan Croteau of Moran Engineering explaining that the plan to make a covered porch into heated living space would not increase the footprint of the existing home and would offer no new non-conformity. Mr. Burke asked for and was given clarification that the roof line and foundation already exist. Mr. Ryer expressed that he believed that this application fell within the Gale Case precedent and would not be substantially more detrimental to the neighborhood. Mr. Burke added that there would be no new non-conformity.

There were no public comments. Motion was made by Mr. Ryer and seconded by Ms. Muller to close discussion. Then Mr. Ryer moved and Mr. Burke seconded to grant the Special Permit to alter or extend the property in question according to the details of the application and the site plans by Moran Engineering dated 4/21/15 and the building plans of Pierce Design 4/1/15. It was unanimously approved.

 

 

Case #2015-30

Regatta Properties, LLC., Florence J. Frain, Member, c/o William Crowell, Esq. has applied for 2 Variances and a Special Permit to change alter or extend a non-conforming single family residential structure. The application is pursuant to the Code of the Town of Harwich §325 Table 2 and §325-54. A. (2)© and Table 3, Height and Bulk Regulations as set forth in MGL Chapter 40A Section 6 and Section 10.  The property is located at 35 Wyndemere Bluffs Road in the RH-2 Zone.

 

Presenting for Regatta Properties, LLC were William Crowell, Esq., attorney for the owners and Les Patrick, the builder on the project. The property is on the corner of Wyndemere Bluffs and Sea Breeze Ave. in an area where the lots are very tight and close. Attorney Crowell revised the original request to ask for 2 Special Permits and no Variance. One Special Permit would be for the southerly portion of the house, actual setback is 13.3’ (required 25’) of Sea Breeze Ave. and the other for the  Wyndemere Bluffs boundary, actual setback at 11.3’ (required 25’). The other Variance would have been for the total site coverage. Attorney Crowell said the owner was willing to limit the size of the stone parking area to stay within the 35% total site coverage limit. He believed that this plan was well within the precedent set by the Gale case as there would be an increase in the current non-conformity with no nuisance, or increase in noise or congestion and no substantial detriment to the neighborhood.

 

The Board wanted clarification on whether the bulkhead was remaining in the same location and how the door would open with the addition of decking. Les Patrick explained that it would remain in its current position and that he had worked the building plan so that the door could open. Mr. Burke thought that changing the application as a request for 2 Special Permits and no Variance was a good plan and agreed that there was no new non-conformity but an intensification of 2 non-conformities.

 

There were no public comments.

 

Mr. Burke moved to close discussion and Ms. Muller seconded. All voted in favor.

Mr. Ryer moved and Mr. Burke seconded to grant the 2 Special Permits to change, alter or extend the property in question according to the details of the application and the plans submitted by L.G. Patrick, Builder and Moran Engineering, Assoc., LLC, dated 2/5/15 with the condition that the proposed stone parking area be reduced so that the total site coverage be within the 35% total coverage requirement. All voted in favor.

 

 

Case #2015-31

Six Pilgrim Road, LLC, James H. Corbeth, Jr. Tr. et als, c/o William Crowell, Esq. has applied for Variances and a Special Permit to change alter or extend a non-conforming single family residential structure. The application is pursuant to the Code of the Town of Harwich §325 Table 2 and §325-54. A. (2)© and Table 3, Height and Bulk Regulations as set forth in MGL Chapter 40A Section 6 and Section 10.  The property is located at 6 Pilgrim Road, Map 7, Parcel C 15-0 in the RH 1 Zone.

 

Presenting for the owners was William Crowell, Esq. who requested a continuance until the June 24^th meeting. The petitioner has not completed work with the Conservation Commission.

 

Mr. Burke moved and Ms. Muller seconded that Case # 2015-31 be continued until June 24, 2015. All voted in favor.

 

Mr. Ryer moved to accept the minutes from the March 25 and April 29, 2015 meetings with 2 minor changes. Ms. Muller seconded and all voted in favor.

 

Paul Doane introduced himself at the close of the meeting as a newly appointed alternate member of the Zoning Board of Appeals.

 

8:00 PM  Mr. Burke moved and Mr. Ryer seconded a motion to adjourn the meeting. All voted in favor.

 

 

ADOPTED 6/24/15 BY THE ZONING BOAD OF APPEALS

 

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

Board of Appeals Recording Clerk