Zoning Board of Appeals Meeting

ZONING BOARD of APPEALS PUBLIC HEARING

Wednesday, April 27, 2016 at 7:00 p.m.

Griffin Meeting Room, Harwich Town Hall

MINUTES

On Wednesday, April 27, 2016 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.

7:03  Call to order by John Burke

Board Members present: Gary Carreiro, John Burke, Joseph Campbell, Dean Hederstedt, David Ryer, Franco Previd and Kathleen Muller

Case #2016-07

Thomas J. Burke and Regina A. Burke by their agent, Thomas Hilchey have applied for a Special Permit to remove an existing sloped roof and replace it with a flat roof with a roof deck over an existing sunroom on a pre-existing, non-conforming single family dwelling. The application is pursuant to the Code of the Town of Harwich §325 Table 2 Area Regulations and §325-54. A.(2).

as set forth in MGL Chapter 40A Section 6. The property is located at 12 Cottage Ave. Map 6, Parcel G1-4 in the RH-1 Zoning District.

Members voting on this case: Misters Carreiro, Burke, Campbell, Hederstedt and Previd.

Attorney William Crowell and builder Thomas Hilchey argued the case for the applicants. Attorney Crowell offered to the Board letters of representation. He re-stated details of the application and noted that the plan included the creation of a platform and steps on the westerly boundary of the property. The maximum building coverage in the RH-1 Zone is 30% and the proposal will stay under that. Because of the pre-existing nonconformities with the southerly and northeasterly setbacks, the petitioners need a special permit. Attorney Crowell noted that the case falls within the parameters of §325-54 (A).(2) or in the alternative, the Gale Case because of the increase in non-conformity. There will be no substantial detriment to the neighborhood, no increase in noise, odor, fumes or congestion and no nuisance. He asked that the Board grant the Special Permit.

Mr. Burke and Mr. Ryer felt that it was more appropriate to ask for the Special Permit for the rear steps and platform and believed that the Gale Case applied. Misters Previd and Hederstedt asked for and were given clarification on details of the plan.

There were no public comments.

Mr. Hederstedt moved and Mr. Burke seconded the motion to close the public discussion. All voted in favor. 

Mr. Hederstedt then moved and Mr. Previd seconded to GRANT the Special Permit to remove an existing sloped roof and replace it with a flat roof with a roof deck over an existing sunroom and add steps and a platform on a pre-existing, non-conforming single family dwelling according to the plans submitted and stamped for the property located at 12 Cottage Ave. Map 6, Parcel G1-4 in the RH-1 Zoning District. The application is pursuant to the Code of the Town of Harwich §325 Table 2 Area Regulations and §325-54. A.(2).as set forth in MGL Chapter 40A Section 6. The Board placed a condition that no substantial exterior construction occur between July 1^st and Labor Day 2016.

All voted in favor. 5-0-0

Dan and Janet Cerundolo by their agent, Jason Ellis of J.C. Ellis Design Co. have applied for a Special Permit to demolish and rebuild a pre-existing non-conforming single family dwelling. The application is pursuant to the Code of the Town of Harwich §325 Table 2 Area Regulations and §325-54. A.(5)  as set forth in MGL Chapter 40A Section 6. The property is located at 7 Checkerberry Lane, Map 4, Parcel W1-6A in the RH-1 Zoning District.

Members voting on this case: Misters Previd, Burke, Hederstedt, Ryer and Ms. Muller

John Burke read the application into the record along with notice from the Harwich Board of Health stating that a fully compliant Title V septic system would need to be installed prior to any sign off.

The owner, Dan Cerundolo argued his case by re-stating details of the application and handing the Board a summary of his argument along with a photo showing the disrepair of the current dwelling. He requested that the Board grant the Special Permit saying that the current structure is pre-existing, non-conforming as to the setbacks. The new plan will improve 3 of the 4 set backs bringing the front set back into compliance. The new structure will be smaller than the present one reducing both site and building coverage. An old shed will be removed and the new septic will be completely compliant to Title V requirements. Mr. Cerundolo added that the driveway will be moved to the other side of the house offering more privacy to his immediate abutter. Because the new dwelling will improve setbacks and site coverage, upgrade the septic system and offer more privacy to neighbors, Mr. Cerundolo asked that the Board grant the Special Permit because there would be no detriment to the neighborhood, no nuisance, odor, noise or fumes.

Mr. Previd asked if the Gale Case applied because of the reduction of the size of the house and Mr. Burke said that Gale allows for a special permit when reconstructing a house if there is no increase in non-conformity. In this case, there has been a substantial effort to decrease non-compliance. He noted that 3 of the setbacks will actually become compliant with the Code but wondered whether the plans presented for the location of the construction of the house might change for the installation of the septic system. Mr. Cerundolo told him that the engineer’s plans took into account the proposed location of the house and no further changes would be required.

Mr. Hederstedt said he believed that the application met the conditions of the Gale Case and wanted a condition placed in the decision that any change in the construction due to septic installation would require additional approval from the ZBA and that no substantial exterior construction occur between June 30 and Labor Day. Mr. Ryer asked for clarification on the height and was told it would remain below the limit. He added that he believed that the Gale case applied.

There were no public comments.

Mr. Hederstedt moved and Ms. Muller seconded to close the public discussion. All voted in favor. Mr. Hederstedt then moved and Mr. Burke seconded to GRANT a Special Permit to demolish and rebuild a pre-existing non-conforming single family dwelling pursuant to the Code of the Town of Harwich §325 Table 2 Area Regulations and §325-54. A.(5)  as set forth in MGL Chapter 40A Section 6 for the property located at 7 Checkerberry Lane, Map 4, Parcel W1-6A in the RH-1 Zoning District. Two conditions were placed on the Special Permit that (1) no substantial exterior construction take place between June 30 and Labor Day and (2) that any change in the proposed plan due to septic installation issues require the applicants to return to the Zoning Board of Appeals for additional relief.

All voted in favor.   5-0-0

Robert Elliot Nickerson and Barbara Anne Nickerson, Trustees, through their agent, Roger V. O’Day, Esq. have applied for a Special Permit to remove and replace a front porch. The application is pursuant to the Code of the Town of Harwich §325, Table 2 Area Regulations and §325-54. A.(2)© as set forth in MGL Chapter 40A Section 6. The property is located at 49 Pleasant Street, Map 14, Parcel W4 in the RM Zoning District.

Members voting on this case: Misters Previd, Burke, Hederstedt, Ryer and Carreiro

Presenting along with the builder, Bill Swanson was Attorney Roger O’Day. He noted that the proposal is to remove and reconstruct an existing front porch in a slightly larger footprint. There is other work going on at the house that is covered by a current building permit. Mr. O’Day passed out photos of the original porch which was built in the 1920’s and is in disrepair. He believes that the “Craftsman”  style of the proposed new porch will be significantly more attractive. The house is pre-existing, non-conforming and falls within the reasoning of the Gale Case. It will not be substantially more detrimental to the neighborhood than the existing porch and will be comparable in size. Attorney O’Day also requested that no condition be places on a possible Special Permit as the porch can be demolished and rebuilt by 2 men with no heavy equipment necessary. There is an elderly parent who needs to move in to the property as soon as possible.

Mr. Previd needed some clarification regarding the site plan and the setbacks and was told that the easterly setback would improve from 17.9’  to 18’. Mr. Burke asked for more precise dimensioning for the building plan and was told by Mr. O’Day that they are available on page 5 of the plans submitted. Mr. Burke and Mr. Campbell agreed that a restriction during the summer months was unnecessary. Mr. Hederstedt noted that the site plan dated 6/30/15 was replaced by one dated3/24/16. Mr. Ryer agreed that the Gale Case applied.

There were no public comments.

Mr. Hederstedt moved and Mr. Burke seconded the motion to end the public discussion with unanimous approval. Mr. Hederstedt then moved and Mr. Ryer seconded the motion to GRANT the Special Permit to remove and replace a front porch pursuant to the Code of the Town of Harwich §325, Table 2 Area Regulations and §325-54. A.(2)© as set forth in MGL Chapter 40A Section 6 for the property located at 49 Pleasant Street, Map 14, Parcel W4 in the RM Zoning District with no conditions. All voted in favor. 5-0-0

Patti A. Smith, through her attorney, William D. Crowell, Esq. has applied for a Special Permit or in the alternative, a Variance to construct a single car garage and breezeway. The application is pursuant to the Code of the Town of Harwich §325 Table 2 Area Regulations, §325 Table 3 Height & Bulk Regulations §325-54. A.(2)© and §325-52 Variances as set forth in MGL Chapter 40A Section 6 and Section 10. The property is located at 10 Grassy Pond Road, Map 22, Parcel X-10 in the R-L Zoning District.

Presenting along with the owner, Patti Smith and the builder, David Handren was Attorney William Crowell. He restated the details of the application and told the Board that Patti’s husband, Bob was an attorney in Harwich who came before the Board on numerous occasions but had passed away last year. Mr. Crowell passed out photos showing the substantial deck which would be replaced by the proposed garage. The house is a pre-existing, non-conforming structure. The applicant is looking to intensify 2 of the non-conformities. The building coverage which is currently 21.6% will be increased to 26.2% where 15% is allowed. The site coverage will increase from 33.1% to 34.9% where 30% is allowed. Attorney Crowell argued that the Gale Case applied and that there would be no nuisance nor substantial detriment to the neighborhood and no substantial increase in noise, odor, fumes or congestion. Mrs. Smith is looking for more safety and privacy with the garage addition. Attorney Crowell asked that the Board grant the Special Permit.

Mr. Burke wondered why the denial letter from the Building Commissioner mentioned a variance and said he believed that the Gale Case applied. Mr. Hederstedt agreed and noted the intensification of a non-conformity in the pre-existing non-conforming house. Mr. Ryer wanted assurances that the garage would be connected to the house and was told that a breezeway would connect them. He said that he saw no detriment to the neighborhood and no need for a seasonal restriction because of the location of the house.

There were no public comments.

Mr. Hederstedt moved and Mr. Burke seconded the motion to end the public discussion with unanimous approval. Mr. Ryer then moved and Mr. Hederstedt seconded the motion to GRANT the Special Permit to construct a single car garage and breezeway according to the plans stamped and submitted to the Board and pursuant to the Code of the Town of Harwich §325 Table 2 Area Regulations, §325 Table 3 Height & Bulk Regulations §325-54. A.(2)© and §325-52 as set forth in MGL Chapter 40A Section 6 for the property located at 10 Grassy Pond Road, Map 22, Parcel X-10 in the R-L Zoning District. All voted in favor. 5-0-0

Case #2016-08

Charles E. Wheeler, Trustee of the Charles E. Wheeler Revocable Trust, by his attorney, Andrew L. Singer, Esq. has applied for a Special Permit to demolish and rebuild a pre-existing non-conforming single family dwelling. The application is pursuant to the Code of the Town of Harwich §325 Table 2, Area Regulations, §325 Table 3 Height & Bulk Regulations and §325-54. A.(5) as set forth in MGL Chapter 40A, Section 6. The property is located at 17 Sea Street, Map 7, Parcel D11 in the RH-1 Zoning District.

Members voting on this case: Misters Carreiro, Burke, Ryer and Previd and Ms. Muller.

Mr. Burke read into the record an abutter’s letter sent in support of the project.

Presenting along with the owners Charles and Sandra Wheeler was their attorney,  Andrew Singer. Applicants are looking for a Special Permit according to Section 325-54. A.(5) and MGL Chapter 40A Section 6. Attorney Singer noted that there was an additional letter in support of the project from another abutter from 3 Sail Loft Road who had sent it after hours on the day of the hearing. There were no objections from abutters. He also handed to the Board members a Summary of Reasoning detailing the basis of the request. The Property is pre-existing nonconforming as to lot area and site coverage. The dwelling is pre-existing nonconforming as to front and side yard setbacks. Building coverage, building height, and remaining building setbacks are conforming.

The Applicants propose to demolish the pre-existing non-conforming dwelling and replace it with a new one-and-one-half story, single-family dwelling and attached garage. The pre-existing nonconforming front and side yard setbacks will each become less nonconforming. There will be no change in the pre-existing nonconforming site coverage. Building height, including the proposed widow’s walk, will remain conforming. Building coverage will remain conforming. There will be no change in the number of bedrooms on the Property.

Mr. Previd asked for clarification on the height of the flue and he was told by Attorney Singer that the height of 29.6 is allowed under the bylaw. Mr. Burke asked if there were any Board of Health restrictions and was told there were not and that the number of bedrooms would remain the same. Mr. Hederstedt asked if the patio was being reduced and was told that it was. Mr. Ryer suggested there be a restriction on exterior construction during the summer months. Mr. Carreiro thought that the proposed new house would be a nice addition to the neighborhood.

There were no public comments.

Mr. Hederstedt moved and Mr. Ryer seconded the motion to end the public discussion. Mr. Hederstedt then moved and Mr. Previd seconded the motion to GRANT the Special Permit to demolish and rebuild a pre-existing non-conforming single family dwelling according to the plans stamped and submitted and pursuant to the Code of the Town of Harwich §325 Table 2, Area Regulations, §325 Table 3 Height & Bulk Regulations and §325-54. A.(5) as set forth in MGL Chapter 40A, Section 6 for the property located at 17 Sea Street, Map 7, Parcel D11 in the RH-1 Zoning District. A condition was placed on the Special Permit that no substantial exterior construction occur between July 1 and Labor Day of either 2016 or 2017.

All voted in favor. 5-0-0

In other business, the Board discussed a letter sent to the Chairman by Attorney Neal Glick from the law office of Swiggert & Agin. Mr. Glick represents Gwenn and David Daks of 18 Harbor Way, Harwich. Attorney Glick asked that the Board notify him of any action of action kind regarding the property at 11 Harbor Way for a period of 1 year. Mr. Burke. The Board decided to refer the request to Town Counsel.

A motion was made by Mr. Previd and seconded by Mr. Hederstedt to accept the Minutes of the March 30, 2016 meeting. All voted in favor.

The Board was notified by the Board Secretary that there will be no meeting in May because there were no applications.

Mr. Campbell moved and Mr. Burke seconded the motion to adjourn the meeting at 8:41PM. All voted in favor.

GC JB JC DH DR FP KM

Second

GC JB JC DH DR FP KM

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

Board of Appeals Recording Clerk