MINUTES OF ZONING BOARD OF APPEALS MEETING October 22, 2012 Dennis Town Hall, Large Hearing Room

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1 MINUTES OF ZONING BOARD OF APPEALS MEETING October 22, 2012 Dennis Town Hall, Large Hearing Room PRESENT: ABSENT: STAFF: Oliveira (Chair), Zinner (Acting Clerk), Zawadzkas, Slowe, Barber and Stone Checkoway Fortier, Gregory Agenda Item #1: Stephen & Mary Ippolito, 78 Oak Street Extension, Dennisport, MA are seeking to construct an addition within the front and side yard setbacks which will increase lot coverage. The current structure exceeds 15% lot coverage under of the Dennis Zoning By law. The property is located within the Resort Residential District at 78 Oak Street Extension, Dennisport, MA (Assessor s Map 20, Parcel 17). Discussion: Ms. Slowe recused herself from this issue and Mr. Stone sat in her place. David Olson, the architect designer, presented pictures to the Board of the front of the house. The current structure has existed since the 1950s and has little living room space. Currently, the applicant must bend over in order to ascend the staircase; therefore, a dormer will be added to the side of the house. The applicants also propose to add a 6 x 8 addition on the first floor to expand the living room, and a 6 x 16 addition to enlarge the existing upstairs bedrooms. Mr. Barber noted the proposed additions are within 100 of a coastal bank and asked if the applicant had filed an RDA. Mr. Olson indicated that they will file if they receive approval from zoning to move forward. No comments were received from the audience. The Board was in agreement with the proposed changes. VOTE: Fire 3. Site Plan Titled: Plan of Land in 78 Oak St. Ext., Dennisport, MA prepared for M/M Stephen Ippolito by Down Cape Engineering, Inc., August 28, Abutter Letters Yes No _ 5. Other: Elevations by ERT Architects

2 Agenda #2: Lewis Gordon Senior Citizens Apartments, 1100 Route 134, South Dennis, MA is requesting approval of minor changes to a Comprehensive Permit. The property is located at 1100 Route 134, South Dennis, MA (Assessor s Map 290, Parcel 10). Continued from September 24, Discussion: Present were John Gordon, owner; Dan Ojala of Down Cape Engineering; and Attorney Peter Freeman, who reviewed the proposed project. The current one car garage will be expanded to a two car garage and an apartment will be added above. This will free up unit #408 which will become an affordable rental for qualified elderly at no greater than 80% of median income. Old King s Highway has already approved this project with some minor changes. The Board of Health also approved this plan and granted a minor variance regarding the removal of a lavatory sink. Mr. Freeman noted that the changes will take place to only one building out of ten on the property and will not exceed the 35 foot height restriction. He suggested that an increase in the number of units of less than 10% typically is not considered substantial, which is noted in Mr. Fortier s report. Mr. Barber disclosed that he reviewed this project as a member on Old King s Highway but had no problem with it. Mr. Zinner requested clarification of the substantiality issue as noted in Mr. Fortier s report, and noted that an increase of more than 10% in height of a building is considered substantial according to regulation. He then asked why this project was not brought to a full hearing to allow opportunity for public response. Mr. Fortier explained that the State crafted their language to cover a vast spectrum of projects and that the Board had discretion to determine what constitutes a significant change. Mr. Freeman noted this was created as a guideline and not a regulation; furthermore, a full hearing would have incurred higher costs and time delays on a matter he felt, from his experience, was not a significant change. Discussion followed on whether the changes proposed were significant enough to warrant a full hearing and the majority of the Board ultimately felt they were not. Mr. Ojala added that full hearings did take place on this project with Old Kings Highway and Board of Health, and no significant opposition from abutters was received. Mr. Fortier confirmed that the Board would not be in any violation regarding this regulation. No comments were received from the audience. Vote: A Motion was made and seconded by the Board to APPROVE minor modifications that do not require a public hearing. VOTE: 4 1 (Zinner opposed). Fire _X_ 2

3 Building 3. Site Plan Titled: Site Plan in South Dennis, MA prepared for Lewis Gordon Senior Housing revised Abutter Letters Yes No _X 5. Other: Elevations by ERT Architects Agenda Item #3: Robert Rocco, 31 Mill Street, Dennisport, MA is seeking to construct a deck within the setbacks where the existing structure is located within the setbacks under of the Dennis Zoning By law. The property is located within the GC II and R 40 Zoning Districts at 31 Mill Street, Dennisport, MA (Assessor s Map 75, Parcel 13). Discussion: Mr. Rocco was present and explained that he had constructed a deck without realizing a permit was needed. When the deck fell apart he and his son razed and replaced it. Just prior to completing it, the building commissioner issued a cease and desist because they were too close to one of the setbacks. Mr. Rocco is now seeking approval to move and complete the deck, which will cost about $3, They chose to move the deck to the side for greater privacy. The Board agreed with the proposed plans. No comments were received from the audience. VOTE: Fire _X_ Tax Collector X 3. Site Plan Titled: Certified Plot Plan of Land in Dennis, MA prepared for Robert Rocco, Jr., by Paul E. Sweetser, PLS, dated September 13, Abutter Letters Yes No _X 5. Other: Agenda Item #4: Wayne & Clair Fisher, 17 Cynthia Lane, Dennisport, MA are seeking to increase lot coverage by converting a 12 x 12 deck to a 12 x 12 sunroom, where the structure currently exceeds lot coverage under of the Dennis Zoning By law. The property is located within the R 40 Zoning District at 17 Cynthia Lane, Dennisport, MA (Assessor s Map 71, 3

4 Parcel 66). Discussion: Mr. & Mrs. Fisher were present and requested a Special Permit to increase the use of their current 12 x 12 deck by converting it to a 12 x 12 sun room. The footprint will remain the same. Mr. Barber asked if the roofline would remain the same and the applicant assured there would be no change in height. All of the Board members were in favor of the proposed changes. No comments were received from the audience. Fire Police _X _ Tax Collector X 3. Site Plan Titled: Site Plan of 17 Cynthia Lane, Dennisport prepare for Wayne T. and E. Clair Fisher, by Eldredge Surveying & Engineering, LLC, dated September 14, Abutter Letters Yes No _X_ 5. Other: Elevation drawings Agenda Item #5: Alayne Shapiro & Tamarah Green, Trustee Fiddler s Green RE, 11 Fiddlers Green Lane, West Dennis, MA are seeking to construct a deck on the front of a preexisting nonconforming structure where the structure is located within the required front yard setbacks under of the Dennis Zoning By law. The property is located within the R 40 Zoning District at 11 Fiddlers Green Lane, West Dennis, MA (Assessor s Map 14, Parcel 53). Discussion: Paulina Green was present for the applicants. This is her summer home and her daughters currently live there. She explained that the original landing was made of cement. They decided to cover this with pressure treated lumber and add a railing. Additionally, a rosebush was removed leaving a bare spot so they extended the landing nine feet. This was all done without knowing that a permit was required for the work. Mr. Barber noted there is an outstanding issue with the Conservation Department because the property sits adjacent to a salt marsh and the deck appears to be within the 100 foot buffer zone. The Board unanimously agreed to grant the permit contingent on approval from the Conservation Department. A Motion was made and seconded by the Board to APROVE the Special Permit with a contingency on the review of the Conservation Commission. 4

5 Fire Natural Resources X_ 3. Site Plan Titled: As Built Plan for Theodore G. Green, Trustee, Lot 30, 11 Fiddler s Green Lane, W. Dennis, MA by Ronald J Cadillac, PLS, RS, PC, dated September 23, Abutter Letters Yes No 5. Other: Agenda item #6: Jeff and Joyce Costa, 54 Kibby Lane, Dennisport, MA are seeking to construct an addition where the existing structure is located within the rear and side yard setbacks, and the existing structure exceeds lot coverage under of the Dennis Zoning By law. The property is located within the R 40 Zoning District at 54 Kibby Lane, Dennisport, MA (Assessor s Map 53, Parcel 126). Discussion: Jeff Costa was present and seeking a Permit to enclose an existing concrete patio. He explained that he has moved permanently to the Cape and needs more room. The proposed design creates no further encroachments to the setbacks. An abutter letter from the Rigali s at 85 Cynthia Lane was submitted in support of this project as long as it does not involve losing any of their land, which it does not. All of the Board members were in favor of the proposed changes. ADDITIONAL BUSINESS: 1. The Board unanimously voted to approve the Minutes of September 24, The meeting adjourned at 8:15 PM The Board unanimously approved these minutes on November 19,