Zoning Board of Appeals Public Hearing
ZONING BOARD of APPEALS PUBLIC HEARING
Wednesday, July 27, 2016 at 7:00 p.m.
Griffin Meeting Room, Harwich Town Hall
MINUTES
On Wednesday, July 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.
7:00 PM Call to Order by Chairman, David Ryer
Members Present: David Ryer, John Burke, Dean Hederstedt, Franco Previd, Paul Doane, and Joseph Campbell. Gary Carreiro arrived later to the meeting
Case #2016-13
Linda F. Carney, by her agent, William D. Crowell, Esq. applied for a Special Permit or in the alternative, a Variance to construct a kitchen/dining room addition with a 2nd story deck and stairs. The application is pursuant to the Code of the Town of Harwich §325 Table 2, Area Regulations, §325-54.A(2) and §325-52 Variances as set forth in MGL Chapter 40A §6 and §10. The property is located at 41 Wequasset Road, Map 12, Parcel Y2-6 in the RH-1 Zoning District.
Voting on this case: Mr. Burke, Mr. Hederstedt, Mr. Previd, Mr. Doane and Mr. Campbell
PRESENTING for the Applicants was Attorney William Crowell along with owner/applicant Linda Carney and builder, Harry Ellis.
Attorney Crowell spoke in detail about the proposed kitchen/dining room addition with a 2nd floor deck on the southeast corner of the current dwelling. He noted that a set of stairs already exists and is not a part of the Special Permit request. He clarified that there would be no change in the setbacks at the front and the rear of the property. Applicants are requesting a Special Permit because the plan would intensify a pre-existing non-conformity on the side setback. He argued that the Gale case applied and that the new setback for the small addition would not be substantially more detrimental to the neighborhood. He asked that the Board grant the Special Permit to build the addition according to the plans provided.
Mr. Previd asked for clarification on the height and he was told it would be well below the 30’ limit. Mr. Burke discovered a discrepancy in the site plans and suggested that amended plans be incorporated into the decision pending approval by the Chair. Mr. Campbell and Mr. Doane had no problem with the proposal and Mr. Hederstedt said he believed that the case fit within the Gale reasoning.
Mr. Burke moved and Mr. Campbell seconded the motion to close the hearing. All voted unanimously in favor. 5-0
Mr. Burke then moved and Mr. Hederstedt seconded the motion to grant the Special Permit to construct the kitchen/dining room addition with a 2nd story deck and stairs. The Board found that it has the authority to grant the Special Permit and that the proposed project will not be substantially more detrimental to the neighborhood. The Special Permit is conditional upon the applicants submitting a revised plot plan showing that the southerly setback will be no less than 14.8’ within 10 days. The Board voted unanimously in favor. 5-0
Case #2016-14
Steven and Judith Balloch, by their agent, William D. Crowell, Esq. applied for Special Permits and a Variance to construct two additions as well as a front porch and dormers. The application is pursuant to the Code of the Town of Harwich §325 Table 2, Area Regulations, §325-54.A.(2), §325-54.A.(2)(c) and §325-52 Variances as set forth in MGL Chapter 40A §6 and §10. The property is located at 31 Wah Wah Taysee Road, Map 6, Parcels B1-1, B1-4C and B1-4D in the RH-1 Zoning District.
Voting on this case: Mr. Burke, Mr. Hederstedt, Mr. Previd, Mr. Doane and Mr. Campbell
Mr. Burke read comments from the Board of Health into the record.
PRESENTING for the Applicants was Attorney William Crowell along with owners, Steven and Judith Balloch. Attorney Crowell handed out a letter in support of the project from neighbors, Michael and Sheila LeBlanc along with copies of revised building plans (A1 replacing A1 of the originally submitted plans) which were referred to in the Board of Health comments showing a widened interior doorway. The new plan also has an additional page (A5) showing a change in a portion of the foundation to sono tubes in order to remain close to the leeching field. Tom Moore, the designer confirmed the structural integrity of the changes. The certified plot plan shows the existing dwelling,
Attorney Crowell stated that the Applicants are looking for a Special Permit for an addition on the porch side toward Wah Wah Taysee and one for the south side, both of which intensify the pre-existing non-conformity and neither would be substantially more detrimental to the neighborhood. The northern portion of the addition for the master bedroom will require a Variance because it is a new non-conformity. Attorney Crowell argues that the Deadrich Case applied because they would be creating a new non-conformity. He said he believed that the unique shape of the lot puts the Applicants in a position of hardship, unable to expand their bedroom to any significant increase. He also said that there would be no substantial derogation from the intent of the bylaw and no substantial detriment to the public good. The house will still be a single family dwelling. Attorney Crowell asked that the Board grant the Special Permits and the Variance requested.
There were no public comments.
Mr. Doane said that he felt that expanding the non-conformity as far as the plan proposes does constitute a substantial derogation from the intent of the bylaw which was put in place to distance residences from each other. Mr. Burke stated that he had no objections to the Special Permit request but believed there was no show of hardship to grant the requested Variance. He said the lot is not unique to others in the area. Mr. Ryer, Mr. Hederstedt and Mr. Campbell agreed and concurred that the expansion of the house toward the lot line was too great.
Mr. Crowell requested a continuance until the August 31st meeting.
Mr. Doane moved and Mr. Campbell seconded the motion to continue the case until 8/31/16. The Board voted unanimously in favor. 5-0
Request to Amend the Special Permit Decision for: Case #2016-01
William C. Eldridge and Christine N. Eldridge, by their attorney, William D. Crowell, Esq. requested a modification to the Special Permit granted on 1/27/16 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.(6) as set forth in MGL Chapter 40A, §6. The property is located at 19 Park Place, Map 6B, Parcel L55 in the RH2 Zoning District.
Board members who could vote on this case had to have been at the original hearing. There were only 3 of those members present so a call was put through to Gary Carreiro to join the Hearing. He arrived within 20 minutes of the call. Members voting were Mr. Ryer, Mr. Burke, Mr. Hederstedt and Mr. Carreiro.
PRESENTING: for the Applicants was Attorney William Crowell along with Christine Eldredge, owner and Dale Nikula, builder. Attorney Crowell spoke briefly of the procedural history of the case and how the applicants had received approval for their plan from the Board of Health and the Zoning Board of Appeals but had been stalled with the Historic Commission who had imposed a 1 year delay on the demolition. The Applicants and Mr. Nikula re-worked the plans and returned to the Historic Commission who then approved the changes and removed the 1-year delay. Attorney Crowell then met with the Building Commissioner who deferred the approval for the modified building plans to the Board of Appeals. The changes were all architectural features with no change in the footprint. He did note that the bulkhead from the west side is moving to the east side.
Mr. Burke moved and Mr. Carreiro seconded the motion to close the hearing. The Board voted unanimously in favor.
Mr. Hederstedt then moved and Mr. Burke seconded the motion to amend the Special Permit granted in Case # 2016-01 on 1/27/2016, incorporating changes set forth in an email from Encore Construction dated 5/31/16 with the condition that no exterior construction take place between July 1 and Labor Day of either 2016 or 2017. The Board voted unanimously in favor. 4-0
Request to Amend the Special Permit Decision for: Case #2016-05
Russell E. Adams and Pamela J. Adams by their attorney, William D. Crowell, Esq. applied for a Special Permit or in the alternative, a Variance to demolish and replace a single family residential dwelling. The application is pursuant to the Code of the Town of Harwich §325 Table 2, Area Regulations; §325 Table 3, Height and Bulk Regulations and §325-54.A.(6) as set forth in MGL Chapter 40A §6 and §10. The property is located at 18 Ocean Ave., Map 6B, Parcel L12 in the RH-2 Zoning District.
Members voting on this case were Mr. Ryer, Mr. Burke, Mr. Hederstedt and Mr. Carreiro.
Attorney Crowell presented the Board with the details of the requested modifications to the Special Permit that was granted by the Board on 3/30/16 which included lowering the building 1’ and adjusting the dormer cheek walls by 1’. He noted that after the Historic Commission had imposed a 1 year delay on the demolition portion of this project, they accepted the changes noted here and removed the 1 year delay. Attorney Crowell asked that the Board grant the request for modification.
After review of the materials presented, Mr. Campbell moved and Mr. Hederstedt seconded the motion to close the hearing. Mr. Hederstedt then moved and Mr. Burke seconded the motion to approve the modifications to the Special Permit for 18 Ocean Ave. granted on 3/30/2016, Case # 2016-05 according to the details in the email from Abigail Ambrose of Ambrose Homes and building plans dated 6/15/17 (error-corrected to 6/15/16) referencing the lower height and the modified dormer cheek walls with the condition that there be no substantial exterior construction between July 1 and Labor Day of either 2016 or 2017. The Board voted unanimously in favor. 4-0
The Board voted unanimously in favor of a motion made by Mr. Doane, seconded by Mr. Campbell to approve of minutes from the June 29, 2016 meeting.
Mr. Carreio moved and Mr. Hederstedt seconded the motion to Adjourn. All voted in favor.
- On Tuesday. August 2, 2016, Daid Ryer, Chair, approved revised plans submitted by Attorney W. Crowell for Case # 2016-13.
Authorized posting agent: Shelagh Delaney