TOWN OF HARWICH
BOARD OF APPEALS
MINUTES
Wednesday, January 30, 2008, 7:00pm
Donn B. Griffin Room
MEMBERS PRESENT: Richard Flink, Chairman, Jack Brown, George Cavanaugh, Dean Hederstedt, Murray Johnson
MEMBERS ABSENT (EXCUSED): Geoff Wiegman
MEMBERS ABSENT (UNEXCUSED):
STAFF PRESENT: Susan M. Leven, AICP, Town Planner, Kathleen Girouard, Board Secretary
MEETING CALLED TO ORDER: 7:00 PM
On Wednesday, January 30, 2008, the Harwich Board of Appeals will hold a public hearing at the Harwich Town Hall, Donn B.Griffin Room, Harwich, MA 02645 at 7:00 PM to hear the appeals of the following:
Continued Cases
#06-19: The petition of Jerrold and Karen Gattegno, represented by Edward W, Kirk, Esq. The petitioners, who are the owners of the property at 20 Pleasant Road as shown on Assessor’s Map #4, Parcel W1-36 in the RH-1 zoning district, West Harwich, seek a Review of the Decision of the Building Commissioner or in the alternative a Variance to construct an accessory building on an undersized lot. This case was continued from July 26, 2006, September 27, 2006, January 31,2007, March 28, 2007, May 30, 2007, July 25, 2007, September 26, 2007, and November 28, 2007.
DISCUSSION/CONSIDERATIONS: The attorney for the applicant has submitted a request for a continuance until the last meeting in March. The applicant is still awaiting action from Land Court.
VOTE – Mr. Brown motioned to continue the case as requested until March 26, 2008, Mr. Cavanaugh seconded, unanimous vote in favor.
#08-11: The petition of Mark and Teresa Little, represented by Sarah A. Turano-Flores, Esq. The petitioners, who are the owners of the property at 19 and15 Edgewood Road, as shown on Assessor’s Map #6, Parcel E1-8 and E1-10, in the RH-1 zoning district, Harwich Port, seek a variance to combine two pre-existing, non-conforming lots into a single buildable lot that does not conform to zoning.
TIME OPEN: Taken out of order at 7:03 pm
REPRESENTING APPLICANT: Sarah A. Turano-Flores, Esq.
DISCUSSION/CONSIDERATIONS: Seeking a variance to combine pre-existing non-conforming lots into a single buildable lot that does not conform to zoning. The Littles have purchased the adjacent lot and want to tear down both structures to construct a new expanded building over the lot line. They are seeking to formally remove the lot line in order to pull the building permits. They intend to make the structure fully compliant in terms of frontage and once razed, the structure will conform with set backs. This in not a typical variance because they are not requesting waivers but even with doubling the lots size it is still an undersized lot. Mr. Flink confirmed the project would meet zoning requirements once the lot line is removed and that they are not asking for
review of the structure.
PUBLIC COMMENT: None. The Planning Board supports the request and the Town Planner read a letter from Mr. and Mrs. Folley of 10 Edgewood Road who had no objections to the proposed. The Zoning Board had no questions.
TIME CLOSED: 7:07 PM
VOTE – Mr. Cavanaugh motioned to grant the variance to combine the pre-existing non-conforming lots into a single buildable lot that does not conform to zoning. Mr. Brown seconded, unanimous vote in favor.
#08-04: The petition of Richard A. Weiler, Jr. The petitioner, who is the owner of the property at 527 Long Pond Drive as shown on Assessor’s Map #111, Parcel A-2 in the RR and Water Resource Protection zoning districts, East Harwich, seeks a Special Permit to construct 2 additions to a pre-existing, non-conforming use (dental office) and a Variance to exceed the maximum site coverage.
TIME OPEN: 7:09 pm
REPRESENTING APPLICANT: Attorney Cahoon and Dr. Weiler.
DISCUSSION/CONSIDERATIONS: The variance that was granted 2 years ago has lapsed and they are seeking a new variance to exceed the maximum site coverage and a special permit to construct 2 additions to a pre-existing, non-conforming use (dental office). Dr. Weiler has had his dental practice for over 20 years now and wants to add space for specialists such as oral surgeons, root canal services, etc. Currently he has to refer them to Hyannis for these services. The Fontaine Medical Center right of way is posing a problem with the expansion. Based on the topography of the site, they cannot consider relocating access due to the steep drop. This poses a hardship and reason for requesting the variance. With regards to the special permit, stated the changes would not be detrimental
to the neighborhood, the use isn’t changing, not a nuisance hazard, good for the neighborhood, and convenient. A septic upgrade is also proposed.
PUBLIC COMMENT: No comments from the building inspector. Ms. Leven noted the site plan is different from the plan approved by the Board a couple years ago. The main issue is the parking and lack of land to park cars based on the additional uses. The original project proposed satellite offices and the new proposal is for primary doctors. Attorney Cahoon responded the intent is still to use as satellite offices probably Thursdays and Fridays and have no plans to use full time at the moment. Planning Board had no comments.
IN FAVOR: Mr. Paul of 221 Long Pond Drive approved the expansion and thought it would benefit the area. He added that it would not be a detriment to the neighborhood or to the traffic flow.
OPPOSED:
· Mr. Robello of 404, Route 137, direct abutter is concerned with any future plans for the Fontaine Medical Center and parking issues, currently there has been parking in the entrance way and congestion. He also suggested giving parking spaces to Dr. Weiler. Ms. Leven clarified that the Fontaine Medical Center and Dr. Weiler’s office is on two (2) separate lots and neither has parking rights on the other.
· Mr. Shrake of 406 Route 137 read the letter dated January 31, 2008 that was submitted to the Planning Department in opposition to the project. Of concern is that the use is not permitted in the R-R zoning district and he gave a history of property. He noted a residential embankment was required to protect the character of the neighborhood, to reduce visibility and shield from public view. The Comprehensive Plan land use section was referenced along with buffers and parking concerns. A copy of the letter is in the project file.
Dr. Johnson requested a chance to review the parking issues and other concerns that were brought up tonight. Mr. Larsen, Building Commissioner had not reviewed this case and did not have comments at this time. Mr. Flink asked Ms. Leven to submit the public comments received to the Building Commissioner to review. Attorney Cahoon stated that they were aware of the parking requirements and they were working with an engineering company and understood they just need to comply with the bylaws. Dr. Weiler added he tried to be good neighbor and put in screening and stated the offices would be open normal business hours, Monday – Friday, no noise, and good for the community and dental patients. Dr. Johnson expressed concerns with the computations of the parking requirements. Required 43
spaces and providing 37 which did not seem to be in compliance.
· Ms. Hude of 406 Route 137, abutter, disclosed that she is the Assistant Town Planner has filed publicly with the Town Clerk and is speaking as a private citizen. She reviewed the minutes of the site plan and stated the original variance was approved for one (1) office with three entrances. She added concerns with parking and the increase use of 200% by adding the additional offices which increases staffing, waiting room seats, etc. Ms. Hude demonstrated how the parking spaces are calculated. She also expressed concern with the character of the neighborhood.
Attorney Cahoon stated they are not asking for a variance relevant to parking but the floor plan. The Board discussed whether the use of the property conformed to zoning laws and if this is an increase in pre-existing non-conforming use or creation of a new use. Dr. Johnson and Mr. Flink expressed concerns and suggested tabling the request until receiving comments from the Town Planner, Building Commissioner. The required number of parking spaces was also addressed. Mr. Flink asked if the Board could place limitations on the number of staff, chairs, and rooms could be placed in a decision.
VOTE – Mr. Brown motioned to continue until February 27, 2008, Mr. Cavanaugh seconded, unanimous vote in favor.
#08-08: The petition of the Thomas and Patricia Kennedy, represented by John P. McCormick, Esq. The petitioners, who are the owners of the property at 1684 Orleans Road, as shown on Assessor’s Map #113, Parcels W1-2 and W1-A in the RR zoning district, East Harwich, seek a review of the decision of the Building Commissioner to issue a violation stating that the current use of a structure does not conform to zoning and previously issued permits.
TIME OPENED: 7:35pm
DISCUSSION/CONSIDERATIONS: Mr. Brown recused himself for personal reasons. Mr. Flink disclosed that it would now be a panel of four (4) and a super majority would be needed for an affirmative vote and the applicant could choose to proceed or continue. Attorney McCormick requested a continuance.
VOTE – Mr. Cavanaugh motioned to continue to February 27, 2008, Mr. Hederstedt seconded, unanimous vote in favor.
#08-09: The petition of John and Sandy Ogas. The petitioners, who are the owners of the property at 17 Lakeview Drive, as shown on Assessor’s Map #83 Parcel P5 in the RR zoning district, Pleasant Lake, seek a special permit pursuant to Section X.J.1.A.iv of the Harwich Zoning By-laws to construct a dormer on a pre-existing, non-conforming dwelling.
TIME OPEN: 7:40pm
DISCUSSION/CONSIDERATIONS: Mr. and Mrs. Ogas of 17 Lakeview Drive representing themselves. They purchased the property in November 2006 in the u-shape neighborhood with a tiny house with hopes to retire there. Renovations to the property are needed including rewiring, a new roof, etc. and they hoped to add dormers. They discovered one corner of the house was too close to the road and are seeking a special permit. They are not adding to the footprint just going up for the dormers.
PUBLIC COMMENTS: No comments from the Town Planner or Planning Board were received. Letter received from Mr. and Mrs. Blodgett of 23 Lakeview Drive in favor was read into the record. Ms. Stewart representing Mr. and Mrs. Stewart of 30 Lakeview Drive agreed with the previous letter and the Ogas’ contribution to improve the neighborhood and stated the dormers would fit the character of the neighborhood. Ms. Leven read letter in favor from Mrs. McGee of 14 Lakeview Drive, across the street.
TIME CLOSED: 7:50 pm
VOTE – Dr. Johnson motioned to approve the special permit pursuant to Section X.J.1.A.iv of the Harwich Zoning By-laws to construct a dormer on a pre-existing, non-conforming dwelling. Mr. Brown seconded, unanimous in favor.
#08-10: The petition of Steven A. Cove. The petitioner, who is the owner of the property at 222 Chatham Road, as shown on Assessor’s Map #34, Parcel E4 in the RR zoning district, South Harwich, seeks a special permit pursuant to Section V Table 1 of the Harwich Zoning By-law for an agricultural use on a property under 5 acres, and a variance to construct a greenhouse within the sideline setback.
TIME OPEN: 7:52pm
DISCUSSION/CONSIDERATIONS: Mr. Cove representing himself is seeking a variance to construct a greenhouse for a limited time, probably 36 months before he plans to move it elsewhere on the property. The plans propose to encroach on the setback by 10 feet, the placement was chosen to utilize the eastern side of the property. He gave a history of the property divisions and the desire to keep the property lines to retain buildability to meet frontage requirements.
PUBLIC COMMENTS: Opposed:
· Mr. Moran of 231 Chatham Road, opposite property, questioned if it would be operated as a commercial greenhouse. The applicant responded that it is not allowed but he would be growing for his personal use and taken off the property to be sold. Mr. Moran also asked why the greenhouse had to be constructed in the sideline setback and suggested reducing the size of greenhouse or moving outside setback lines. He added that the project is located within the groundwater resource zone and questioned whether the dwelling, sewage, parking, grating, suitable access and egress. He also noted that the value of the property is already diminished and littered
with various pipes, fencing, etc. and distributed pictures to the Board.
· Mr. Jordan of 8 Echo Woods Road questioned Mr. Cove’s statements regarding preserving the woodland since he’s been cutting trees down and piling trash. He distributed pictures to the Board that were taken today. The Board asked if they could keep the pictures as an exhibit. He noted concerns with piles of brush on the property and had called the Fire Department in the past when the applicant was attempting to burn. He had safety concerns and wanted to know what type of crops he would be growing, fertilizers that would be needed for the crops, how the run off would be affected, asked what the water source would be.
· Mr. Bowdoin, next door neighbor had property for sale for 3 years and said potential buyers ask what is going on at Mr. Cove’s property. He has since taken off the market and is concerned about the gas containers, old lawnmowers, and agrees with the other comments made above and disapproves of this project.
· Ms. Leven read letter in opposition from Donna and Darlene Rosborough into the record.
Dr. Johnson would like to hear responses to the questions about crops, fertilizers, run off, water supply, etc. Mr. Cove explained it would be on town water and he has no interest in putting in a well. He wants to plant organic crops and if they last over a year, he wants to seek organic status. He added they would be edible crops when asked again. Ms. Leven noted for the record that some fertilizers are considered organic but still may be detrimental to the water resource area. Mr. Flink explained to Mr. Cove that he has not demonstrated hardship which is required for a variance. Mr. Cove responded that he’s owned the property for over 20 years, is partially disabled, and the land is the only thing he owns and wants to better use the property. He has no intent to contaminate
the property and wants to grow gourmet mushrooms. Mr. Flink explained the general law definition of hardship and read the regulation into the record. He suggested the applicant request a continuance to study the provision and come back to re-plea his case. Dr. Johnson offered other suggestions to eliminate the need to demonstrate hardship and seek a variance including reducing the size of the greenhouse or relocating to the center of the lot to avoid crossing the setback lines. Mr. Cove responded that this would be a waste of time and that the structure has been there for 2 years. Mr. Brown urged Mr. Cove to consider a continuance and to take advantage of resources available to make it a useful situation for him. Mr. Flink asked Mr. Cove to explore the alternatives because if put to a vote, the Board is governed by the statute and a hardship has not been demonstrated. Ms. Leven stated there may be other alternatives including adding a road
to meet frontage requirements and suggested that he speak with the Board of Health regarding the other issues in particular fertilizer plans.
· Mrs. Cortise of 16 Echo Woods Road asked if the property was zoned for agricultural use and Ms. Leven stated that it is allowed with a special permit for use.
· Mrs. Sullivan of 24 Echo Woods Road didn’t understand where the water was coming from and expressed concerns with the barrels currently on the property which pose problems with mosquitoes and suggested the Board of Health investigate the property. She also asked if the Board has seen the structure.
VOTE –Mr. Brown motioned to continue to March 26, 2008, upon request of the applicant, Mr. Cavanaugh seconded, unanimous vote in favor.
VOTE – Mr. Hederstedt motioned to move into executive session to discuss pending litigations at 8:29pm, Mr. Brown seconded, roll call vote in favor.
VOTE – Mr. Brown motioned to move out of executive session and return to the public meeting at 8:34pm, Mr. Hederstedt seconded, roll call vote in favor.
VOTE – Mr. Brown motioned to adjourn, Mr. Cavanaugh seconded, unanimous vote in favor.
Meeting adjourned 8:38 pm.
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Richard Flink, Chair
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