Zoning Board of Appeals Meeting

Town of Harwich

ZONING BOARD OF APPEALS

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

 

PUBLIC HEARING

Wednesday, June 24, 2015 at 700 p.m.

Griffin Meeting Room, Harwich Town Hall

 

MINUTES

On Wednesday, June 24, 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 and heard the following cases.

 

MEMBERS PRESENT: CHAIRMAN GARY CARREIRO, DEAN HEDERSTEDT, FRANCO PREVID, DAVID RYER, KATHLEEN MULLER AND PAUL DOANE

 

7:00 Call to Order by Chairman Carreiro

 

Continued:

 

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 §325-54. A. (2)c and Table 3, Height and Bulk regulations as set forth in MGL Chapter 40A Sections 6 and 10. The property is located at 6 Pilgrim Road, Map 7, Parcel C 15-0 in the RH Zone.

 

Numerous email letters received from the owners of 12 Pilgrim Road, 18 Pilgrim Road and 42 Pilgrim Road had been presented to each of the Board Members:

 

Presenting: Attorney William Crowell for the Petitioners. Attorney Crowell asked to withdraw without prejudice. Mr. Ryer moved to approve the request to withdraw Case # 2015-31 without prejudice. Mr. Hederstedt seconded. All voted in favor of the request.

 

 Case #2015-32

Ann Marie Dooley-Trabucco, Trustee of Ocean Ave. Realty Trust c/o William D. Crowell, Esq. has applied for a Special Permit or in the alternative, a Variance to demolish and reconstruct a non-conforming single family residential structure. The application is pursuant to the Code of the Town of Harwich §325-54. A. (6) as set forth in MGL Chapter 40A Section 6 and Section 10. The property is located at 51 Ocean Ave., Map 13, Parcel Y20 in the C-V Zoning District.

 

Members of the Board voting on this case were Chairman Carreiro, Misters Previd, Hederstedt, Ryer and Ms. Muller.

 

Representing the Petitioners was Attorney William Crowell who noted that the site plans were by Moran Engineering and the Building Plans by Thomas Moore Designs. He explained that the new dwelling would have a 3-season porch which will enlarge the footprint of the house and be 8.3’ from Ocean Ave. as opposed to the current 8.7’. He asked for a Special Permit based on the reasoning of the Gale Case because Petitioner was looking to intensify the existing non-conformity by approximately 6”. The remaining setbacks will stay the same. The building and site coverage will remain under the maximum allowable amount. Attorney Crowell stated that there would be no substantial detriment to the neighborhood, no increase in noise, traffic, odor or congestions and would not be creating any nuisance. There will be an increase in habitable space with the addition of a second floor but with the removal of 1 of the 3 bedrooms, there would be a total reduction of bedrooms to 2. He asked that the Board grant the request for a Special Permit.

 

Gary Carreiro asked why the Petitioner had asked for a Variance and Mr. Crowell answered that the bylaws, which were written before the Gale Case, required that any demolition and reconstruction which increased the non-conformity of a building seek a Variance. However, the Gale Case made that requirement moot.

 

There were no public comments.

 

Ms. Muller thought the new project would be an improvement. Mr. Ryer asked for clarification on a discrepancy in the may 20, 2015 plan and where the project sat in relation to the lot lines. Mr. Crowell noted that the new height would be within the 30’ limit and that the current septic was being moved to within the borders of the site. Mr. Ryer also thought there should be a delay in the start of the project until after Labor Day of 2015.

 

Mr. Hederstedt agreed that the Project fell within the Gale Case and would also like a delay on the start date until after Labor Day. He also wanted clarification on the discrepancy between the 2 submitted plans. He suggested changing #6 on the Plan to 8.1’ from 8.3 ‘. Paul Doane agreed and asked Mr. Crowell to explain why this project falls under the Gale precedent. Attorney Crowell explained that the intensification of the non-conformity was only on the Ocean Ave. side with no new nonconformity. Mr. Doane asked what the plan was for the tree that sits in front of the current house. Mr. Moore of Moore Designs answered that it would be removed. The septic has been approved by the Board of Health.

 

Mr. Carreiro noted that septic concerns fall under the jurisdiction of the Board of Health and concerns regarding the tree would be addressed by the Conservation Commission.

 

There were no abutters concerns and no public comments.

 

Motion to close discussion was made by Ms. Muller. Second was by Mr. Previd with all voting in favor.

 

Mr. Hederstedt made a Motion to grant the Special Permit in accordance with the plans submitted by Moran Engineering on 5/20/15, with the change that the proposed setback be adjusted from 8.3’ to 8.1’, and the Building Plans of Thomas Moore Designs pages A1-A6 and EX1-EX3 dated 2/27/15 subject to the condition that no external construction begin until after Labor Day 2015 and be completed by Memorial Day 2016.

Second was made by Mr. Ryer with all voting in favor. Approved 5-0

 

 

Case #2015-33

Colin M. Fuller and Robin Fuller by their attorney, William D. Crowell, Esq., have applied for a Variance to construct a 12 x 18 foot single car garage pursuant to The Code of the Town of Harwich §325-52 and §325 Table 2 Area Regulations as set forth in MGL Chapter 40A Section 10. The property is located at 26 Kevin Road, Map 81, Parcel A32 in the R-R Zoning Districts.

 

Members voting on this case were Mr. Previd, Mr. Doane. Mr. Hederstedt, Mr. Ryer and Ms. Muller.

 

Presenting for the Petitioners:

Attorney William Crowell and Robert Stello, Builder. Petitioners were able to build a small, unique home on this location, working closely with the Board of Health and the Conservation Commission and without needing the Board of Appeals. But now the owners would like to build a one-car garage according to the plans submitted by Moran Engineering and Stello Builders. They believe that a garage is a reasonable use and extension of their single family dwelling and that the unique lot size and shape, building and topography require the request for a Variance. Attorney Crowell stated his belief that granting the Variance would not substantially derogate from the intent of the bylaw and that there would be no impairment of the sight lines with minimal disturbance of vegetation. Although the plan would put the garage at 8’ from the property line by Kevin Road, it would actually be about 20’ from the traveled road which is a private dirt road. The placement of the tight tank septic along with the slope and the proximity of Hinckley’s Pond make any other location for the garage extremely difficult, if not impossible. Mr. Fuller had notified all of the neighbors with details of the plan.

 

Kathy McDowell of nearby Marion Road and Joanne Castelano of 15 Wallace Road wanted clarification about where a window might go and if there was a second floor but their main concerns were about possible damage to the road during construction. Robert Stello explained that there would be a loft for storage and that he could place a window anywhere along the street side. He stated that his company would do what it could to keep the road clear and repaired from any construction damage. Gary Carreiro suggested that if the Variance were granted, there could be a condition restricting the vehicles in some manner.

 

Attorney Crowell added that the Board of Health put a condition on the building of the house that it be considered “seasonal” only. Robin Fuller spoke about working closely with the Conservation Commission to limit tree removal. Robert Stello said that Conservation requirements were a critical part of their plan with a swampy area to one side, the slope to Hinckley’s Pond on another and the placement of the septic restricting even further.

 

Mr. Hederstedt stated that he believed that the Petitioners had not met the requirements for the granting of a Variance and that the seasonal designation of the house made a shed more appropriate than a garage. He asked for an explanation on whether there was a soil condition hardship.

 

Attorney Crowell disagreed with Mr. Hederstedt saying that he did not believe that a petitioner needed to satisfy all of the criteria for a Variance because the Board had granted them in the past with only one or two of the hardship criteria. Gary Carreiro agreed that the Board had granted Variances in the past without all of the criteria being met but that Board precedent is not generally considered when decisions are made. He also commented that the abutters had no problem with the placement of the garage which would be in the best possible location. Paul Doane also agreed that all 3 of the criteria set out in the statute don’t necessarily have to be met but that the amount of relief requested for the setback to be from the required 25’ to the street to 8’ would substantially derogate from the intent of the bylaw.

 

Attorney Crowell noted that a strict interpretation of the Variance law would prevent anyone from applying. The function of the Zoning Board of Appeals is to grant relief to real people and real situations. He then asked for a “straw poll” to give an idea as to how the Board would vote and Chairman Carreiro stated that the Board could do that. Ms. Muller, Mr. Hederstedt and Mr. Doane would vote against granting the Variance while Mr. Previd and Mr. Ryer would have voted for approval. Attorney Crowell then asked to withdraw without prejudice.

 

Dean Hederstedt moved to grant the request for withdrawal without prejudice and Paul Doane seconded. All voted in favor.

 

Other business:

Motion to accept minutes from the May 27, 2015 with minor changes was made by Mr. Ryer and seconded by Mr. Previd. Ms. Muller, Mr. Ryer, Mr. Carreiro and Mr. Previd voted to accept the minutes. Mr. Hederstedt and Mr. Doane abstained because they had not been present at that meeting.

 

 

 

MOTION TO ADJOURN was made by Mr. Hederstedt at 9:02 PM and seconded by Mr. Ryer. All voted in favor.

 

 

Submitted for review by the Zoning Board of Appeals Secretary, Shelagh Delaney.

 

Board Approval by the Chairman, Gary Carreiro ____________________ 

                                                            Date           ____________________