MINUTES DENNIS ZONING BOARD OF APPEALS Monday, November 24, :30 PM Dennis Town Hall

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1 MINUTES DENNIS ZONING BOARD OF APPEALS Monday, November 24, :30 PM Dennis Town Hall PRESENT: Oliveira (Chair), Checkoway (Clerk), Slowe, Zawadzkas, Barber (Alternate) ABSENT: None STAFF: Fortier, Gregory ITEM #1: Todd and Alice Boyle, 30 Partridge Lane, Dennis, MA are seeking a Special Permit to replace and enlarge an accessory building to residential use in accordance with Section of the Dennis Zoning By-laws. The property is located within the R-40 Zoning District at 30 Partridge Lane, Dennis, MA (Assessor s Map 369, Parcel 18). A letter was submitted by Bob Perry requesting this matter be continued to 12/22/14. Vote: Mr. Barber made a Motion and the Board unanimously voted to continue this matter to 12/22/ CONTINUED. ITEM #2a: Robert & Colette Sylva, Sylva Trust, 36 Meadow Springs Drive, South Dennis, MA are seeking a Variance on a front yard setback to construct a Farmer s porch and a future wheelchair ramp in accordance with Section of the Dennis Zoning By-laws. The property is located in the R-40 District at 36 Meadow Springs Drive, South Dennis, MA (Assessor s Map 202, Parcel 11). Continued from 9/22/14 and 10/27/14. ITEM #2b: Robert & Colette Sylva, Sylva Trust, 36 Meadow Springs Drive, South Dennis, MA are seeking a Special Permit on a front yard setback and increased building coverage to construct a Farmer s porch and a future wheelchair ramp in accordance with Section (B) of the Dennis Zoning By-laws. The property is located in the R-40 District at 36 Meadow Springs Drive, South Dennis, MA (Assessor s Map 202, Parcel 11). Continued from 10/27/14. Attorney David Reid was present for the applicant. The proposed farmer s porch was reduced from a depth of 6 to 5 and complies with the right setback but not the left, hence the need for a Variance. For reasons unknown, the house was originally constructed with a crooked orientation on the lot, which created the setback problem. Because lot coverage will increase from 17.05% to 19.24%, a Special Permit is needed as well. Abutter letters in support of this project were submitted. The Board discussed whether a Variance could be granted based on a structural problem rather than lot shape. Opinions were initially divided. The application also noted a proposed handicap ramp; however, there is no plan to install one at this time. After some discussion Mr. Oliveira asked if the applicant would be willing to reduce the depth to four feet which would resolve the setback issue, and the applicants agreed. Subsequently, Mr. Reid asked to withdraw the Variance request. 1

2 Vote: Mr. Checkoway made a Motion and the Board unanimously agreed to withdraw the Variance WITHDRAWN. Vote: Mr. Barber made a Motion and the Board unanimously agreed to approve the Special Permit with the conditions that (1) a revised plan be submitted prior to seeking a building permit, and (2) the porch may not be screened in or enclosed APPROVED. ITEM #3: James D. Driscoll and Lynne J. Driscoll, 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA are seeking a Variance in accordance with Section of the Dennis Zoning By-Law and M.G.L. Chapter 40A, Section 10, in order to maintain an existing 5 x 10 addition to the dwelling built in accordance with Building Permit No issued in 1989, and located from the side property line, where 15 is required. The property is located in the R-40 Zoning District at 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA (Assessor s Map 13, Parcel 58-7). Attorney Andrew Singer was present for the applicant. This addition had been approved by the building commissioner in Later it was noted that zoning setbacks had been changed in Since the building is over six years old it would create a hardship to tear down, thus the applicant is seeking a Variance to allow it to remain. Mr. Fortier noted that the lot is an odd shape and is also affected by wetland and soil issues, thus meeting variance criteria. No comments from the audience were received. Vote: Mr. Checkoway made a Motion and the Board unanimously voted to approve the Variance APPROVED. ITEM #4: James D. Driscoll and Lynne J. Driscoll, 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA are seeking a Special Permit in accordance with Section of the Dennis Zoning By-Law and M.G.L. Chapter 40A, Section 6, in order to expand a pre-existing, nonconforming, single-family dwelling structure by adding a conforming second floor addition, second floor deck and covered porch to an existing dwelling within the Sea Breeze Condominium. The property is located in the R-40 Zoning District at 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA (Assessor s Map 13, Parcel 58-7). Continued from 10/27/14. Attorney Andrew Singer was represent for the applicants who are seeking to add a second floor and deck along with a roof covering over the front porch. There are 11 condo units in the area, some of which have made similar improvements. The building height will be 22 with 8% lot coverage. Conservation has approved this project, and it conforms to flood zone requirements as well. No comments were received from the audience. Vote: Ms. Zawadzkas made a Motion and the Board unanimously voted to approve the Special Permit APPROVED. Plan by Sweetser Engineering dated 9/28/14; revised 10/10/14 2

3 was referenced along with 9/22/14 elevation plans. Ms. Zawadzkas confirmed that she watched the video of the previous hearing which she was unable to attend. ITEM #5: VHS Realty Inc./Cumberland Farms Inc., 460 Route 134, South Dennis, MA is seeking a Variance in accordance with Section of the Dennis Sign Code to remove existing manual pump toppers and install a new oversized led pump. The property is located within the GC-III Zoning District at 460 Route 134, South Dennis, MA (Assessor s Map 151, Parcel 23). Carolyn Parker was present for the applicant. Cumberland Farms started a Smart Pay program and in the process of making changes to sites they stopped installing LED pump toppers in case Towns allowed the program. They are seeking to add standard pump toppers which are 2.15 sf; however Dennis Bylaw restricts the size to 2 sf. Ms. Parker noted this creates a hardship for the applicant as they use the 2 sf pumpers are a standard size used in various states; she stated she had never encountered this limitation before. Use of the LED pump toppers will allow them to change prices from inside instead of blocking lanes and changing them manually. Mr. Fortier noted that the size limitation was created to limit the total amount of signage on a site. He also noted that the Building Commissioner prohibited use of the member/non-member component since variable messages are not allowed. This needs to be one of the findings on the Decision. Mr. Fortier recommended that the Board add a condition to prohibit the use of the monitors for advertising or anything beyond the function of the pumps. No comments were received from the audience. Vote: Ms. Slowe made a Motion and the Board unanimously agreed to approve the Special Permit with the conditions noted above APPROVED. ITEM #6: Jane Harper Phelan, 131 Taunton Ave, Dennis, MA is seeking a Special Permit to add an enclosed screen porch beneath an existing deck in accordance with Section of the Dennis Zoning By-laws. The property is located within the R-40 Zoning District at 131 Taunton Ave, Dennis, MA (Assessor s Map 322, Parcel 18). Builder Eric Oman was present for the applicant. The project will involve putting a roof beneath an existing second floor deck, which will increase lot coverage from 18.4% to 22.5% but will not exceed the existing second floor deck or encroach into the setbacks. Mr. Barber noted he sat on this issue for Old King s Highway. The Board was in favor of the changes and no comments were received from the audience. Vote: Mr. Barber made a Motion and the Board unanimously voted to approve the Special Permit APPROVED. Plans by John Demerest dated 10/27/14 were referenced. ITEM #8: 3

4 Chester Deluga and Paul Sullivan, 766, 776, 788, 790, 792 Route 6A, Dennis, MA are seeking to modify a Special Permit to clarify the allowed uses in accordance with Section of the Dennis Zoning By-laws. The property is located within the LB-1 Zoning District at 766, 776, 788, 790, 792 Route 6A, Dennis, MA (Assessor s Map 351, Parcels 6 & 7). Owners Chuck Deluga and Paul Sullivan were present. Their 3 ½ acre property is zoned LB-1 and currently supports mixed uses of retail and residential apartments. In 1983 a Special Permit was issued specifying the uses, and they are now seeking to broaden that list to include specialty retail, consumer services, restaurants, and professional offices. The reason for this request is they have had a difficult time securing tenants due to the additional cost required to seek ZBA approval for uses that are not designated on the approved list. Currently the abutting property to the east of the applicant s site has the approvals which this applicant is seeking. A parking analysis was submitted and showed that despite any seating increases in the past, parking has not been a problem in this area. Mr. Barber asked if there were any uses to avoid and Mr. Fortier noted that while formula-based businesses are regulated, if they bend to the standards they could enter this spot. No comments were received from the audience. Vote: Mr. Checkoway made a Motion and the Board unanimously agreed to approve the modification to the Special Permit APPROVED. ADDITIONAL BUSINESS: 1. Review minutes of October 27, 2014: Approved as written. Meeting adjourned at 8:30 PM The Board approved these minutes as written on December 22,

5 MINUTES DENNIS ZONING BOARD OF APPEALS Monday, November 24, :30 PM Dennis Town Hall PRESENT: Oliveira (Chair), Checkoway (Clerk), Slowe, Zawadzkas, Barber (Alternate) ABSENT: None STAFF: Fortier, Gregory ITEM #1: Todd and Alice Boyle, 30 Partridge Lane, Dennis, MA are seeking a Special Permit to replace and enlarge an accessory building to residential use in accordance with Section of the Dennis Zoning By-laws. The property is located within the R-40 Zoning District at 30 Partridge Lane, Dennis, MA (Assessor s Map 369, Parcel 18). A letter was submitted by Bob Perry requesting this matter be continued to 12/22/14. Vote: Mr. Barber made a Motion and the Board unanimously voted to continue this matter to 12/22/ CONTINUED. ITEM #2a: Robert & Colette Sylva, Sylva Trust, 36 Meadow Springs Drive, South Dennis, MA are seeking a Variance on a front yard setback to construct a Farmer s porch and a future wheelchair ramp in accordance with Section of the Dennis Zoning By-laws. The property is located in the R-40 District at 36 Meadow Springs Drive, South Dennis, MA (Assessor s Map 202, Parcel 11). Continued from 9/22/14 and 10/27/14. ITEM #2b: Robert & Colette Sylva, Sylva Trust, 36 Meadow Springs Drive, South Dennis, MA are seeking a Special Permit on a front yard setback and increased building coverage to construct a Farmer s porch and a future wheelchair ramp in accordance with Section (B) of the Dennis Zoning By-laws. The property is located in the R-40 District at 36 Meadow Springs Drive, South Dennis, MA (Assessor s Map 202, Parcel 11). Continued from 10/27/14. Attorney David Reid was present for the applicant. The proposed farmer s porch was reduced from a depth of 6 to 5 and complies with the right setback but not the left, hence the need for a Variance. For reasons unknown, the house was originally constructed with a crooked orientation on the lot, which created the setback problem. Because lot coverage will increase from 17.05% to 19.24%, a Special Permit is needed as well. Abutter letters in support of this project were submitted. The Board discussed whether a Variance could be granted based on a structural problem rather than lot shape. Opinions were initially divided. The application also noted a proposed handicap ramp; however, there is no plan to install one at this time. After some discussion Mr. Oliveira asked if the applicant would be willing to reduce the depth to four feet which would resolve the setback issue, and the applicants agreed. Subsequently, Mr. Reid asked to withdraw the Variance request. 1

6 Vote: Mr. Checkoway made a Motion and the Board unanimously agreed to withdraw the Variance WITHDRAWN. Vote: Mr. Barber made a Motion and the Board unanimously agreed to approve the Special Permit with the conditions that (1) a revised plan be submitted prior to seeking a building permit, and (2) the porch may not be screened in or enclosed APPROVED. ITEM #3: James D. Driscoll and Lynne J. Driscoll, 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA are seeking a Variance in accordance with Section of the Dennis Zoning By-Law and M.G.L. Chapter 40A, Section 10, in order to maintain an existing 5 x 10 addition to the dwelling built in accordance with Building Permit No issued in 1989, and located from the side property line, where 15 is required. The property is located in the R-40 Zoning District at 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA (Assessor s Map 13, Parcel 58-7). Attorney Andrew Singer was present for the applicant. This addition had been approved by the building commissioner in Later it was noted that zoning setbacks had been changed in Since the building is over six years old it would create a hardship to tear down, thus the applicant is seeking a Variance to allow it to remain. Mr. Fortier noted that the lot is an odd shape and is also affected by wetland and soil issues, thus meeting variance criteria. No comments from the audience were received. Vote: Mr. Checkoway made a Motion and the Board unanimously voted to approve the Variance APPROVED. ITEM #4: James D. Driscoll and Lynne J. Driscoll, 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA are seeking a Special Permit in accordance with Section of the Dennis Zoning By-Law and M.G.L. Chapter 40A, Section 6, in order to expand a pre-existing, nonconforming, single-family dwelling structure by adding a conforming second floor addition, second floor deck and covered porch to an existing dwelling within the Sea Breeze Condominium. The property is located in the R-40 Zoning District at 55 Lower County Road, Unit 7, Sea Breeze Condominium, West Dennis, MA (Assessor s Map 13, Parcel 58-7). Continued from 10/27/14. Attorney Andrew Singer was represent for the applicants who are seeking to add a second floor and deck along with a roof covering over the front porch. There are 11 condo units in the area, some of which have made similar improvements. The building height will be 22 with 8% lot coverage. Conservation has approved this project, and it conforms to flood zone requirements as well. No comments were received from the audience. Vote: Ms. Zawadzkas made a Motion and the Board unanimously voted to approve the Special Permit APPROVED. Plan by Sweetser Engineering dated 9/28/14; revised 10/10/14 2

7 was referenced along with 9/22/14 elevation plans. Ms. Zawadzkas confirmed that she watched the video of the previous hearing which she was unable to attend. ITEM #5: VHS Realty Inc./Cumberland Farms Inc., 460 Route 134, South Dennis, MA is seeking a Variance in accordance with Section of the Dennis Sign Code to remove existing manual pump toppers and install a new oversized led pump. The property is located within the GC-III Zoning District at 460 Route 134, South Dennis, MA (Assessor s Map 151, Parcel 23). Carolyn Parker was present for the applicant. Cumberland Farms started a Smart Pay program and in the process of making changes to sites they stopped installing LED pump toppers in case Towns allowed the program. They are seeking to add standard pump toppers which are 2.15 sf; however Dennis Bylaw restricts the size to 2 sf. Ms. Parker noted this creates a hardship for the applicant as they use the 2 sf pumpers are a standard size used in various states; she stated she had never encountered this limitation before. Use of the LED pump toppers will allow them to change prices from inside instead of blocking lanes and changing them manually. Mr. Fortier noted that the size limitation was created to limit the total amount of signage on a site. He also noted that the Building Commissioner prohibited use of the member/non-member component since variable messages are not allowed. This needs to be one of the findings on the Decision. Mr. Fortier recommended that the Board add a condition to prohibit the use of the monitors for advertising or anything beyond the function of the pumps. No comments were received from the audience. Vote: Ms. Slowe made a Motion and the Board unanimously agreed to approve the Special Permit with the conditions noted above APPROVED. ITEM #6: Jane Harper Phelan, 131 Taunton Ave, Dennis, MA is seeking a Special Permit to add an enclosed screen porch beneath an existing deck in accordance with Section of the Dennis Zoning By-laws. The property is located within the R-40 Zoning District at 131 Taunton Ave, Dennis, MA (Assessor s Map 322, Parcel 18). Builder Eric Oman was present for the applicant. The project will involve putting a roof beneath an existing second floor deck, which will increase lot coverage from 18.4% to 22.5% but will not exceed the existing second floor deck or encroach into the setbacks. Mr. Barber noted he sat on this issue for Old King s Highway. The Board was in favor of the changes and no comments were received from the audience. Vote: Mr. Barber made a Motion and the Board unanimously voted to approve the Special Permit APPROVED. Plans by John Demerest dated 10/27/14 were referenced. ITEM #8: 3

8 Chester Deluga and Paul Sullivan, 766, 776, 788, 790, 792 Route 6A, Dennis, MA are seeking to modify a Special Permit to clarify the allowed uses in accordance with Section of the Dennis Zoning By-laws. The property is located within the LB-1 Zoning District at 766, 776, 788, 790, 792 Route 6A, Dennis, MA (Assessor s Map 351, Parcels 6 & 7). Owners Chuck Deluga and Paul Sullivan were present. Their 3 ½ acre property is zoned LB-1 and currently supports mixed uses of retail and residential apartments. In 1983 a Special Permit was issued specifying the uses, and they are now seeking to broaden that list to include specialty retail, consumer services, restaurants, and professional offices. The reason for this request is they have had a difficult time securing tenants due to the additional cost required to seek ZBA approval for uses that are not designated on the approved list. Currently the abutting property to the east of the applicant s site has the approvals which this applicant is seeking. A parking analysis was submitted and showed that despite any seating increases in the past, parking has not been a problem in this area. Mr. Barber asked if there were any uses to avoid and Mr. Fortier noted that while formula-based businesses are regulated, if they bend to the standards they could enter this spot. No comments were received from the audience. Vote: Mr. Checkoway made a Motion and the Board unanimously agreed to approve the modification to the Special Permit APPROVED. ADDITIONAL BUSINESS: 1. Review minutes of October 27, 2014: Approved as written. Meeting adjourned at 8:30 PM The Board approved these minutes as written on December 22,