Zoning Board of Appeals Public Hearing

ZONING BOARD of APPEALS PUBLIC HEARING

Wednesday, June 29, 2016 at 7:00 p.m.

Griffin Meeting Room, Harwich Town Hall

MINUTES

On Wednesday, June 29, 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 case.

7PM  Call to Order by Clerk, Mr. J. Burke

Members present:       Chairman, Gary Carreiro, John Burke, Clerk, Dean Hederstedt, David Ryer, Franco Previd, Paul Doane, Kathleen Muller, Joseph Campbell and Board of Selectman liaison, Angelo LaMantia as well as Recording Secretary, Shelagh Delaney..

Case #2016-12

Terence P. McDermott and Pamela A. McDermott, by their agent, Susan Ladue of Eastward Companies have applied for a Variance to build a 2-car garage addition, creating a new non-conformity to the dwelling. The application is pursuant to the Code of the Town of Harwich §325-52 Variances as set forth in MGL Chapter 40A, §10. The property is located at 151 Gorham Road, Map 24, Parcel R1-1 in the R-L Zoning District.

Mr. Burke read into the record a letter in support of the proposed project sent by Mr. and Mrs. Jonathan Chorey of 153 Gorham Road.

Voting on this case were Mr. Ryer, Mr. Previd, Mr. Carreiro, Mr. Burke and Ms. Muller.

Presenting for the Applicants were Attorney William Riley and Architect, Karen Kempton.

Attorney Riley offered a written Summary of Reasoning for the Variance request to the Board Members. He spoke of how a large portion of the Applicants’ lot had been a “borrow pit” where, in the past, an adjacent bog owner would dig for sand causing a significant slope toward conservation land. The subsequent ditch is now considered a river and requires a 50’ “No Disturb” zone making it impractical to build the proposed garage addition anywhere other than the proposed location.. Attorney Riley believes that this qualifies as the soil, shape or topography hardship required for the issuance of a Variance. The McDermotts have owned the home for many years as a second home but are now making it their primary residence and feel they need a 2-car garage to accommodate their cars, especially during the winter months. They also hope to add a family room and a bonus room over the garage.

Attorney Riley noted that the new addition would not be seen from the street and would not be a substantial detriment to the neighborhood. He mentioned the letter of support from the neighbors who abut the property where the sideline Variance is requested. He also said that he believed that relief could be granted without substantially derogating from the intent of the bylaw. The intent of the requirement of sideline setbacks is to allow for space between residences. In this case, the neighbor’s house on the sideline in question is far enough from the lot line as to not be affected. These are the same abutters who wrote the letter in support of the Applicants’ request for a Variance.

Mr. Carreiro asked if the lot is currently a pre-existing, nonconforming lot and Attorney Riley answered that it is. Mr. Carreiro then asked why the Gale reasoning did not apply and Attorney Riley clarified that the proposal is to create a new nonconformity which requires a Variance.

Mr. Burke asked for clarification as to the jurisdiction of the environmentally sensitive area and was told that the Harwich Conservation Commission had jurisdiction. Mr. Burke then said that he did not find that the hardship offered was substantial enough to warrant the issuance of a Variance and Mr. Ryer and Ms. Muller agreed. All of the Board members had a problem with the “quid pro quo” nature of the Abutters’ letter in support of the project as the neighbors suggested that their support of the McDermott’s Variance request might be connected to a future project of their own for which they would want the McDermott’s approval.

Mr. McDermott spoke in support of his application.

Attorney Riley then asked for a polling of the Board to see how they might vote on the Variance request. All members said they were not inclined to vote for approval of the current proposal. Attorney Riley then asked to withdraw the application without prejudice.

Mr. Burke moved and Mr. Ryer seconded the motion to accept the withdrawal without prejudice which was unanimously approved. 5-0-0

A Request for Hearings on Modification of 2 Special Permits was then presented by Attorney William Crowell. He said that after meeting with the Building Commissioner, David Riquinha regarding some minor changes in the building projects for both 18 Ocean Ave. (Case # 2016-01) and 19 Park Place (Case # 2016-05), he was returning to the ZBA for procedural advice. The Board had granted Special Permits for both projects and both had then gone before the Historic Commission where a 1 year demolition delay had been imposed on both. The applicants then revised their plans and the demolition delays were removed. Attorney Crowell wondered whether the Board needed to have the Applicants file formal applications for a new hearing to approve the changes which did not change either footprint and would be considered de minimus.

The Board discussed the details of the adjustments to the plan and determined to waive the formal application process in lieu of a written request for amendments by the Applicants for inclusion into the hearing scheduled for July 27, 2016 where the amended plans will be reviewed.

New Business:

Chairman, Gary Carreiro told the Board that he was stepping down as Chair and moved to nominate David Ryer for the position. John Burke seconded the motion and the vote was unanimous to approve the nomination. Mr. Campbell then moved and Mr. Hederstedt seconded the motion to nominate John Burke to continue in the position as Clerk. All voted unanimously to approve the nomination.

Angelo LaMantia, liaison from the Board of Selectmen told the Board that it was important for all reappointed members to be sworn in with the Clerk.

Mr. Ryer moved and Mr. Burke seconded the motion to approve the Minutes from the April 27, 2016 meeting. All voted in favor.

Mr. Ryer then moved and Ms. Muller seconded the motion to adjourn the meeting. All voted in favor.

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

Board of Appeals Recording Clerk