Zoning Board of Appeals Meeting

Town of Harwich

ZONING BOARD OF APPEALS

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

ZONING BOARD of APPEALS PUBLIC HEARING

Thursday, March 10, 2016 at 7:00 p.m.

SMALL MEETING ROOM, Harwich Town Hall

MINUTES

On Thursday, March 10, 2016 at 7:00 PM, the Harwich Zoning Board of Appeals held a Public Hearing in the SMALL Meeting Room at the Harwich Town Hall, 732 Main Street to hear the following CONTINUED case.

7PM   CALL TO ORDER

Case #2016-03 (CONTINUED from 2/24/16)

Mark H. Carter and Samantha D. Carter, by their attorney, William D. Crowell, Esq. applied for a Special Permit to construct an Accessory Building, Residential with Bedrooms consisting of a two-car garage with two bedrooms and two baths above. The Petitioners also sought a Variance from the easterly boundary of their lot. The application is pursuant to the Code of the Town of Harwich §325 Table 2, Area Regulations, §325 Table 1,

Line 1b, Use Regulations and §325-52 Variances as set forth in MGL Chapter 40A, §6 and §10. The property is located at 25 Cottage Ave, Map 6, Parcel G2-6 in the RH 1 Zoning District.

MEMBER VOTING: Misters Carreiro, Previd, Hederstedt, Burke and Ms. Muller

The Board had before them copies of a REVISED PLOT PLAN by Soule Land Surveying dated 2/29/16 which were also added to the file on Tuesday, March 1, 2016. The Board had reviewed the plans originally submitted for the meeting held on February 24, 2016. That application requested that the Board grant a Special Permit to build a 2-car garage with 2 bedrooms and 2 baths above as well as a Variance for the setbacks. That original plan had put the proposed new accessory structure closer to the 2 street boundaries than is allowed under the Harwich By-laws. The Board believed that the applicants did not meet the elements to grant a Variance in that it was possible without undue hardship to move the proposed structure to another location on the property which would make it compliant with the setbacks. At that February meeting, the Board had granted a continuance and suggested that the applicants return with revised plans before they would vote on the Special Permit.

Attorney Crowell asked once again if the Board would consider Applicants’ argument for a Variance and the Board declined. Attorney Crowell then withdrew the request for a Variance and asked that the Board vote on the request for the Special Permit for the building of a garage with 2 bedrooms and 2 baths. The new building would not be substantially more detrimental to the neighborhood. There would be no increase in noise, traffic, congestion, fumes or the like.

Mr. Hederstedt noted that because there would be no new non-compliance, the application fell within the reasoning of the Gale case. Misters Burke, Carreiro and Previd agreed. Ms. Muller wanted and received assurances that the building plans were substantially the same as those presented at the February meeting.

Mr. Hederstedt moved and Mr. Previd seconded to close discussion. Approved unanimously.

Mr. Hederstedt then moved and Mr. Burke seconded to allow withdrawal of the request for a Variance without prejudice and to grant a Special Permit to build an accessory structure with a 2-car garage, 2 bedrooms and 2 baths pursuant to the submitted plans with the condition that the exterior construction be substantially completed (tight to the weather) before July 4, 2016. Unanimously approved. 5-0-0.

Mr. Burke made a motion to adjourn which was seconded by Mr. Previd and approved unanimously.

Approved by the Zoning Board of Appeals 3/30/16

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

Board of Appeals Recording Clerk