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

Wednesday, February 24, 2016 at 7:00 p.m.

Griffin Meeting Room, Harwich Town Hall

MINUTES

On Wednesday, February 24, 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.

MEMBERS PRESENT:

Gary Carreiro, John Burke, Franco Previd, Kathleen Muller, Dean Hederstedt, David Ryer

Case #2016-03

Mark H. Carter and Samantha D. Carter, by their attorney, William D. Crowell, Esq. have 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 seek 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.

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

The Board of Health comments regarding the requirements of proper setbacks and a septic permit were read into the record.

Attorney William Crowell presented along with owner/trustees, Mark and Samantha Carter. Attorney Crowell noted that the property is fairly unique in that it is surrounded by 3 streets: Lincoln, Northern and Cottage Aves. The owners are looking for a special permit to build a detached residential structure with a garage, bedrooms and baths in order to accommodate their overflow guests. The new building would be in the same architectural style as the main house. Attorney Crowell argued that there would be no substantial detriment to the neighborhood, no increase in traffic, noise or congestion and there would be no nuisance. He then argued for the granting of a variance from the setbacks on the easterly boundary. The new setback would be 11’ instead of the required 25’ but the building would still be 22.6’ from the edge of the pavement of Lincoln Ave. The owners believe that their lot is uniquely shaped with a jog to the east and that there are topographical concerns with a 4-6’ gully and the timber retaining wall limiting the options available. Attorney Crowell argued that granting a variance would not create a substantial detriment to the public good, there would be no derogation from the intent of the bylaw and asked that the Board grant the variance.

There were no public comments.

The Board was in complete agreement that the qualifications for granting a variance were not met. They all believed that the accessory structure could be built elsewhere on the lot where the setbacks could be met and that the gully and retaining wall did not present topographical hardships. Mr. Burke suggested that the Board would not want to separately grant the special permit without first seeing another proposal for a location with no setback infringements. There was a 5 minute recess for Attorney Crowell to confer with his clients.

Once the meeting reconvened, Mr. Carreiro suggested a special meeting of the Board on March 10^th where the applicants would submit new plans. Mr. Burke moved to continue the case until 3/10/16 at 7PM. Mr. Hederstedt seconded the motion and all voted in favor. 5-0-0

In other business, the Board read a letter from the law offices of Zisson and Veara requesting guidance on how to move forward with a Special Permit granted by the Board to the Cumberland Farms property at 574 Route 28, Harwich Port, which permit (#ZB 2014-31) is approaching the 2 year date on April 2, 2016.

Attorney James Veara spoke of the extensive time spent on litigation and the Harwich Planning Board before finally being in a position to act on the Special Permit. He noted that the owners of property in question still need to deal with the Department of Transportation and the Board of Health septic application process. He said that the owners were either looking for a finding of “good cause” or an extension of the time to exercise the Special Permit.

Mr. Burke noted that there was a case showing precedence for an extension in Ware Real Estate, LLC v. Town of Ware, 81Mass. App. Ct. 1120 (2012). In that case, the Appeals Court found good cause when the applicants were diligent in seeking additional approvals and the remainder of the Board agreed.

Mr. Ryer moved to extend the time to exercise the Special Permit in Case # ZB 2014-31, which extension will run until March 10, 2017. The motion was seconded by Mr. Burke. Misters Previd, Burke, Carreiro, Hederstedt and Ryer voted to grant the extension. Approved 5-0-0.

Mr. Hederstedt then moved to accept the Minutes from the January 27, 2016 meeting. Mr. Previd seconded the motion. All voted in favor. 6-0-0

Mr. Ryer moved to adjourn the meeting. Mr. Previd seconded the motion. All voted in favor. 6-0

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

Board of Appeals Recording Clerk

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