TOWN OF HARWICH BOARD OF APPEALS
MINUTES Wednesday, January 2, 2008, 7:00pm Donn B. Griffin Room
MEMBERS PRESENT: Jack Brown, George Cavanaugh, Dean Hederstedt, Geoff Wiegman MEMBERS ABSENT (EXCUSED): Richard Flink, Chairman MEMBERS ABSENT (UNEXCUSED): Murray Johnson STAFF PRESENT: Susan M. Leven, AICP, Town Planner MEETING CALLED TO ORDER: 7:00 PM
On Wednesday, January 2, 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: Mr. Brown notified applicants that there are only 4 members present tonight and they have the choice to accept or can continue to the next meeting when more board members are present.
#08-01: ~The petition of the Francis Madigan III. ~The petitioner, who is the owner of the property at 76 Archibald Circle, as shown on Assessor’s Map #12, Parcels T2-27 and T2-27A in the RH-1 zoning district, West Harwich, seeks a special permit pursuant to Section X.J.1.B of the Harwich Zoning By-law to extend a pre-existing, non-conforming dwelling along an existing encroachment that does not create a new non-conformance.
TIME OPEN: 7:00 PM
DISCUSSION/CONSIDERATIONS: Francis Madigan, owner of the property, presented and chose to proceed with the hearing. He proposes to add a small addition (6’ by 11’ in the southeast corner) to an existing seasonal home as well as replace the windows and shingles, etc. Survey showed a lack of proper set back.
PUBLIC COMMENT: Mr. Madden of 18 Victory Drive spoke in favor. Letter received from Mr., Colombo, 77 Archibald Circle, who lives in Sudbury, in favor of the project. Ms. Leven reported no other comments received.
TIME CLOSED: 7:09pm
VOTE – Mr. Wiegman motioned to grant request for special permit, Mr. Cavanaugh seconded, 4 – 0 vote in favor.
#08-02: ~The petition of Matt and Colleen Golden. ~The petitioners, who are the owners of the property at 14 Stephenshell Road, as shown on Assessor’s Map #50 Parcel Y27 in the RR zoning district, Harwich Center, seek a special permit pursuant to Section X.J.1.B of the Harwich Zoning By-laws to extend a pre-existing, non-conforming dwelling within an existing encroachment that does not create a new non-conformance. ~ TIME OPEN:
7:12pm DISCUSSION/CONSIDERATIONS: Bill Murphy, Contractor, Matt Golden presented. Mr. Murphy was contacted to build the addition for a sun room, found out that there were potential setback encroachments and plans are to make it less non-conforming than existing. Bought house last year and interested in adding on to an existing sunroom. PUBLIC COMMENT: None. Ms. Leven reported no correspondence and no comment from the planning board. TIME CLOSED: 7:14PM VOTE – Mr. Cavanaugh motioned to grant petition, Mr. Wiegman seconded, 4-0 vote in favor.
#08-03: ~The petition of Mary Kane and Cheri Davis. ~The petitioners, who are the owners of the property at 34 Old County Road, as shown on Assessor’s Map #25, Parcel A5-E4 in the RR zoning district, South Harwich, seek a special permit pursuant to Section X.J.1.B of the Harwich Zoning By-law to extend a pre-existing, non-conforming dwelling along an existing encroachment that does not create a new non-conformance. TIME OPEN:
7:16pm DISCUSSION/CONSIDERATIONS: Mr. Murphy, contractor, Mary Kane and Cheri Davis presented. Ms. Kane contacted Mr. Murphy to renovate existing bathroom due Ms. Davis’ medical needs. Ms. Davis needs a tub for aqua therapy and wishes to extend the existing 9x5 bathroom to accommodate. Mr. Murphy stated the renovations will be less non-conforming than what is currently there. PUBLIC COMMENT: Ms. Leven received letter from Mr. and Mrs. Cockroft, 32 Old County Road, abutters directly from left of property and read the letter into the file. Suggesting research of the
deed. Ms. Leven spoke with the Cockroft’s attorney and presented the plans showing the land swap. Abutters wanted to ensure the land swap was considered. Ms. Leven reported that the plans show it has been taken into account. TIME CLOSED: 7:22 pm VOTE – Mr. Hederstedt motioned to grant, Mr. Wiegman seconded, 4-0 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. DISCUSSION/CONSIDERATIONS: Attorney Cahoon representing Dr. Weiler who could not be present this evening. More work is needed and asked to continue to the next meeting. Mr. Brown, Mr. Wiegman disclosed they are both
patients of the doctor. Asked to continue until next meeting. TIME OPENED: 7:25pm VOTE – Mr. Cavanaugh motioned to continue to January 30, 2008, Mr. Wiegman seconded, 4-0 vote in favor.
#08-05: ~The petition of Charles and Mary Deltatto. ~The petitioners, who are the owners of the property at 14 Hiawatha Road, as shown on Assessor’s Map #6, Parcel F3-6, in the RH-1 zoning district, Harwich Port, seek a special permit to construct a second floor addition to a pre-existing, non-conforming dwelling. TIME OPEN: 7:26pm DISCUSSION/CONSIDERATIONS: Mr. Moore of Thomas Moore Design Company representing applicant wishing to add a
second floor to a pre-existing, non-conforming structure. The plan is to move the two (2) bedrooms up to the 2nd floor and remain a two bedroom home. Change from a ranch style to a cape style home. Currently has three bedroom septic system but will remain a two-bedroom dwelling. PUBLIC COMMENTS: No public comments or correspondence received. TIME CLOSED: 7:29pm VOTE – Mr. Wiegman motioned to grant
special permit, Mr. Cavanaugh seconded, 4-0 vote in favor.
#08-06: ~The petition of Richard and Ruth Connaughton. ~The petitioners, who are the owners of the property at 59 Ginger Plum Lane, as shown on Assessor’s Map #5, Parcel G1-15, in the RH-1 zoning district, Harwich Port, seek a variance to construct an addition that will encroach on the required 25 foot setback from a road. TIME OPEN: 7:30pm DISCUSSION/CONSIDERATIONS: Attorney Stinson presenting with applicant who wants to add a 16 x 16
addition. There is an existing street to the rear of the property that calls for a 25-foot setback. Attorney Stinson suggested a practical interpretation of the zoning law and consider frontage only as the street setback. He noted that two houses in the neighborhood have already received relief from this Board and were granted special permits and variances. He presented drawings of the street with setbacks marked to the Board for consideration. Attorney Stinson added that they will be a minimum of 80 feet for all set backs. Ms. Leven asked for a description of the back of the house to the road and the Attorney showed plans with the fence, woods and road. Attorney Stinson and Mr. Connaughton discussed the history of the road and the developers desire to make the adjacent road, Monomoy Road, an exclusive neighborhood and put up a fence the length of the road. Mr. Cavanaugh pointed out that this did appear to be a true hardship and that
Attorney Stinson’s argument appears legitimate.
TIME CLOSED: 7:42
PUBLIC COMMENTS: No comments and no correspondence was received.
VOTE – Mr. Cavanaugh motioned to grant the variance, Mr. Wiegman seconded, 4-0 vote in favor.
#08-07: ~The petition of Robert Barrows, Trustee, Ayer Lane Family Trust, represented by William D. Crowell, Esq. ~The petitioner, who is the owner of the property at 16 Gorham Road, as shown on Assessor’s Map #32, Parcel Q11, in the RR zoning district, Harwich Port, seeks a variance to construct an addition to a pre-existing, non-conforming structure that increases the non-conforming nature of the structure, a variance for an Accessory Residential Building on a lot without a principal structure, and a Special Permit to continue the non-conforming use and to create habitable space within a required setback. TIME OPEN: 7:45pm DISCUSSION/CONSIDERATIONS: Attorney Crowell and Mr. Fay presenting, To clarify ownership Attorney Crowell explained that Mr. Barrows is the Trustee of the family trust and that Mr. and Mrs. Fay own the property next door on 8 Gorham Road and ownership is under the trust next door. The Fay’s acquired the residence in 2000 and the lot in 2005 from the Stockwell’s. Mr. and Mrs. Fay have 5 children and want convert the Barn to a recreation area and space for occasional overnight guests without a kitchen. Looking for a 15 foot addition that requires three forms of relief, two variances and a special permit. Issues include the following: the barn is not on same lot as primary residence thereby creating an accessory unit without a principle
structure; proposing to increase non-conformity; and to create habitable space within the 20 foot setback area. Attorney Crowell explained the lot is unique with a barn as the only structure on a 1.5 acre parcel. If the barn were to be moved, it would create a financial hardship and still require relief. The applicant is not creating a dwelling but a recreational facility and art studio. There will not be a substantial increase in noise, traffic, etc. or detrimental to the neighborhood. Mr. Cavanaugh asked why they didn’t eliminate the lot line and create one lot. Attorney Crowell stated that the Fay’s want to reserve as a separate lot to allow for possible building in the future. Mr. Wiegman asked if the relief were granted how will that impact future use
of the land if someone wanted to build a single family home. Ms. Leven reported that it legalizes the barn and does not impact their ability to build later on. Mr. Hederstedt asked why they couldn’t move the addition to the right to eliminate the extension of non-conformity. Mr. Fay desires to keep the character of the barn and hopes to retain enough buildable land, due to existing wetlands, to build a house there in the future. There was an explanation of the property ownership. Ms. Leven stated that it would be helpful to show the wetlands on the plans to determine the percentage of upland on the parcel. Mr. Brown noted that many barns do have additions on the sides that are aesthetically pleasing and questioned the extension of the non-conformity. Ms. Leven noted they are proposing an accessory unit not a dwelling. Mr. Crowell responded to the requests to move the addition to the right side of the barn or remove the property line to
connect with the dwelling lot stating it will be worth more money if left separate lots to construct a single family home in the future. Mr. Wiegman asked about the structural components and foundation of the barn. Mr. Fay wasn’t sure if needed to be lifted in the future. Mr. Wiegman stated that if you have to lift it would be easy to move and wanted to understand the plans better. Mr. Brown suggested moving the lot line and put the addition to the west as to not to increase the non-conformity. Mr. Wiegman noted that moving the lot line is not needed but moving the addition to the right would lesson the non-conformity. Mr. Wiegman asked what would happen if the Fays sell the lot containing the primary residence. Attorney Crowell stated they are amenable to linking both lots as long as they own both properties. Ms. Leven informed the Board that they could condition the approval that the barn cannot be a dwelling. Ms. Leven
explained the applicant is seeking approval for an accessory unit without a principal building and at this time they cannot link to the other property as the ownership is documented differently. Mr. Cavanaugh stated that this is a unique situation but not detrimental to the neighborhood. Mr. Wiegman added that he is troubled with the large lot not working around the issues and asked if they could add a condition that if the building is lifted could they consider requiring them to move to solve the setback issues. Mr. Cavanaugh noted that it might work but won't solve the problem as they will still have zoning violations. Ms. Leven offered other options with regards to the wetlands and septic issues, and the possibility to continue until the next meeting to review and gather more information. The Board felt that it would be impossible to have the wetlands reviewed before the 30th. Mr. Brown stated that he is not totally comfortable with
what has been done. Mr. Hederstedt added that the conditioning the property to not allow a dwelling was satisfactory. PUBLIC COMMENTS: Ms. Leven reported comments from building inspector, no other comments were received. CLOSE: 8:30pm VOTE – Mr. Cavanaugh motioned to grant the variance to construct the addition to the preexisting, non-conforming unit without a principal structure that increases the non-conformity
and a special permit to continue the non-conforming use and create habitable space within a required setback with the condition the barn cannot be used as a dwelling. Mr. Wiegman seconded, 4-0 vote in favor.
Other Business:
Minutes: Mr. Weigman motioned to accept the minutes of October 15, 2007, Mr. Hederstedt seconded, and Mr. Brown voted in favor.
Mr. Cavanaugh motioned to accept the minutes of October 31, 2007, Mr. Wiegman seconded, Mr. Hederstedt voted in favor.
Mr. Cavanaugh motioned to accept the minutes of November 28, 2007, Mr. Hederstedt seconded, Mr. Brown voted in favor.
Executive Session: Mr. Hederstedt motioned to move into executive session at 8:45pm to discuss pending litigation, Mr. Cavanaugh seconded, roll call.
8:55pm back from executive session.
Mr. Hederstedt motioned to adjourn, Mr. Cavanaugh seconded, unanimous vote in favor. Meeting adjourned 8:55 pm.
____________________________ Jack Brown, Acting Chair
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