MINUTES DENNIS ZONING BOARD OF APPEALS Monday, June 23, 2014 6:30 PM Dennis Town Hall PRESENT: Oliveira (Chair), Checkoway (Clerk), Zinner, Slowe, Zawadzkas, Leogrande (Alternate) ABSENT: None STAFF: Fortier, Gregory Item #1: Kenneth James Cleary Rev. Trust, 21 Jimmy Crowell s Path, Dennis, MA is seeking to construct an addition to a structure that exceeds lot coverage according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 21 Jimmy Crowell s Path, Dennis, MA (Assessor s Map 278, Parcel 12). Continued from April 28, 2014. Discussion: A letter from Attorney David Reid was submitted requesting to withdraw this application without prejudice. Mr. Fortier noted that the Building Commissioner who had initially referred the applicant to the ZBA reconsidered the proposal and this Board s review is no longer necessary. Vote: Ms. Slowe made a motion and the Board unanimously agreed to grant the request to Item #2: John & Suzanne Fitzgerald, 55 U-10 Lower County Road, West Dennis, MA are seeking to replace a second story deck with an enclosed sunroom according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the Resort Residential Zoning District at 855 U-10 Lower County Road, W. Dennis, MA (Assessor s Map 13, Parcel 58). Continued from May 12, 2014. Discussion: A letter from George Reilly was submitted requesting to withdraw this application without prejudice. Mr. Fortier noted the request was related to flood zone compliance issues. Vote: Mr. Zinner made a motion and the Board unanimously agreed to grant the request to 1
Item #3: Rene & Barbara Daniels, 54 Surfside Road, W. Dennis, MA are seeking to add a second story addition to an existing single family dwelling according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 54 Surfside Road, West Dennis, MA (Assessor s Map 27, Parcel 150). Continued from May 12, 2014. Discussion: An email from Thomas Moore was submitted requesting to withdraw this application without prejudice. Mr. Fortier noted the request was related to flood zone compliance issues. Vote: Mr. Checkoway made a motion and the Board unanimously agreed to grant the request to Item #4: Chapin Beach Realty LLC, 110 Taunton Ave, Dennis, MA is seeking to demolish six existing residential structures located within a seasonal cottage colony and construct six new residential structures located within a seasonal cottage colony according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 110 Taunton Ave, Dennis, MA (Assessor s Map 344, Parcel 109). Continued from May 12, 2014. Discussion: Mr. Oliveira recused himself and Ms. Leogrande sat in his place. The applicant gave an update of the progress made since the last meeting. With regard to sheds on the property, Mr. Hennigan noted that one shed would be erected and any additional sheds would be at the discretion of individual residents. However, Mr. Fortier noted that since they are already close to 15% lot coverage, only one shed can be constructed on the property. Complaints regarding the wide turn onto Taunton have been addressed, and fencing has been pulled back to prepare an entrance/exit more perpendicular to the street. Parking will be limited to three spaces per unit (one for a guest) and any additional changes in parking will require a two-thirds vote from the condo association. Line site plantings and 3 high picket fences have been added at the Historic Commission s request. A dumpster originally causing noise issues for one resident will be moved to a different location. The Board then discussed the issue of whether occupancy should be restricted to prevent overcrowding/noise issues. Although no additional bedrooms are being added to the site, the structures will be larger and the neighbors are concerned about a party atmosphere developing. The applicant noted that the limited parking will naturally regulate numbers; additionally the Board of Health has a formula that regulates occupancy according to a dwelling s square footage. Mr. Fortier pointed out that the formula may still allow for up to 13 people in certain structures, and it was within the Board s purview to establish a limit; however, this has never been done before. He also noted that the applicant should have brought along 2
the rental permits. Concerns were expressed about setting a precedent or compromising the marketability of units for sale. Mr. Hennigan noted that he had performed his due diligence in meeting with the neighbors a number of times, as well as on site, regarding their concerns and none were present at the meeting to oppose his project. Abutter Mike Coyne from the audience questioned whether the applicant would have to return to the ZBA if he deviated from the plans submitted; the Board affirmed that he would. Conditions for approval were set as follows (1) one shed may be built on the property; (2) occupancy is seasonal (April 1 to October 31) with limited off-season usage. Vote: Ms. Slowe made a motion and the Board unanimously voted in favor of this Special Permit with the conditions noted above. 5-0-0 APPROVED. Mayflower Beach Villas Landscape Plan by Andrew Garulay dated 5/13/14 was referenced. Item #5: Finola Flatley, 28 Thomas Farm Circle, Shrewsbury MA is seeking to construct an uncovered front porch within a front yard setback in accordance with Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 17 Indian Chief Trail, Dennis Port, MA (Assessor s Map 101, Parcel 10). Discussion: The applicant is seeking to improve the property and the proposed porch will compliment other houses on the street. The Board had no comments or questions. No comments were received from the audience. Vote: Ms. Zawadzkas moved and the Board unanimously voted in favor of the Special Permit. 5-0-0: APPROVED. Plan View by Patrick Convery dated June 4, 2014 was referenced. Item #6: Selection of Officers: The Board unanimously voted to reappoint Mr. Oliveira as Chair and Mr. Checkoway as Clerk. ADDITIONAL BUSINESS: 1. Review Minutes of 5/12/14. Approved as written. MEETING ADJOURNED AT 7:30 PM The Board unanimously approved these minutes as written on July 28, 2014. 3
MINUTES DENNIS ZONING BOARD OF APPEALS Monday, June 23, 2014 6:30 PM Dennis Town Hall PRESENT: Oliveira (Chair), Checkoway (Clerk), Zinner, Slowe, Zawadzkas, Leogrande (Alternate) ABSENT: None STAFF: Fortier, Gregory Item #1: Kenneth James Cleary Rev. Trust, 21 Jimmy Crowell s Path, Dennis, MA is seeking to construct an addition to a structure that exceeds lot coverage according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 21 Jimmy Crowell s Path, Dennis, MA (Assessor s Map 278, Parcel 12). Continued from April 28, 2014. Discussion: A letter from Attorney David Reid was submitted requesting to withdraw this application without prejudice. Mr. Fortier noted that the Building Commissioner who had initially referred the applicant to the ZBA reconsidered the proposal and this Board s review is no longer necessary. Vote: Ms. Slowe made a motion and the Board unanimously agreed to grant the request to Item #2: John & Suzanne Fitzgerald, 55 U-10 Lower County Road, West Dennis, MA are seeking to replace a second story deck with an enclosed sunroom according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the Resort Residential Zoning District at 855 U-10 Lower County Road, W. Dennis, MA (Assessor s Map 13, Parcel 58). Continued from May 12, 2014. Discussion: A letter from George Reilly was submitted requesting to withdraw this application without prejudice. Mr. Fortier noted the request was related to flood zone compliance issues. Vote: Mr. Zinner made a motion and the Board unanimously agreed to grant the request to 1
Item #3: Rene & Barbara Daniels, 54 Surfside Road, W. Dennis, MA are seeking to add a second story addition to an existing single family dwelling according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 54 Surfside Road, West Dennis, MA (Assessor s Map 27, Parcel 150). Continued from May 12, 2014. Discussion: An email from Thomas Moore was submitted requesting to withdraw this application without prejudice. Mr. Fortier noted the request was related to flood zone compliance issues. Vote: Mr. Checkoway made a motion and the Board unanimously agreed to grant the request to Item #4: Chapin Beach Realty LLC, 110 Taunton Ave, Dennis, MA is seeking to demolish six existing residential structures located within a seasonal cottage colony and construct six new residential structures located within a seasonal cottage colony according to Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 110 Taunton Ave, Dennis, MA (Assessor s Map 344, Parcel 109). Continued from May 12, 2014. Discussion: Mr. Oliveira recused himself and Ms. Leogrande sat in his place. The applicant gave an update of the progress made since the last meeting. With regard to sheds on the property, Mr. Hennigan noted that one shed would be erected and any additional sheds would be at the discretion of individual residents. However, Mr. Fortier noted that since they are already close to 15% lot coverage, only one shed can be constructed on the property. Complaints regarding the wide turn onto Taunton have been addressed, and fencing has been pulled back to prepare an entrance/exit more perpendicular to the street. Parking will be limited to three spaces per unit (one for a guest) and any additional changes in parking will require a two-thirds vote from the condo association. Line site plantings and 3 high picket fences have been added at the Historic Commission s request. A dumpster originally causing noise issues for one resident will be moved to a different location. The Board then discussed the issue of whether occupancy should be restricted to prevent overcrowding/noise issues. Although no additional bedrooms are being added to the site, the structures will be larger and the neighbors are concerned about a party atmosphere developing. The applicant noted that the limited parking will naturally regulate numbers; additionally the Board of Health has a formula that regulates occupancy according to a dwelling s square footage. Mr. Fortier pointed out that the formula may still allow for up to 13 people in certain structures, and it was within the Board s purview to establish a limit; however, this has never been done before. He also noted that the applicant should have brought along 2
the rental permits. Concerns were expressed about setting a precedent or compromising the marketability of units for sale. Mr. Hennigan noted that he had performed his due diligence in meeting with the neighbors a number of times, as well as on site, regarding their concerns and none were present at the meeting to oppose his project. Abutter Mike Coyne from the audience questioned whether the applicant would have to return to the ZBA if he deviated from the plans submitted; the Board affirmed that he would. Conditions for approval were set as follows (1) one shed may be built on the property; (2) occupancy is seasonal (April 1 to October 31) with limited off-season usage. Vote: Ms. Slowe made a motion and the Board unanimously voted in favor of this Special Permit with the conditions noted above. 5-0-0 APPROVED. Mayflower Beach Villas Landscape Plan by Andrew Garulay dated 5/13/14 was referenced. Item #5: Finola Flatley, 28 Thomas Farm Circle, Shrewsbury MA is seeking to construct an uncovered front porch within a front yard setback in accordance with Section 2.4.1.2 of the Dennis Zoning By-Laws. The property is located in the R-40 Zoning District at 17 Indian Chief Trail, Dennis Port, MA (Assessor s Map 101, Parcel 10). Discussion: The applicant is seeking to improve the property and the proposed porch will compliment other houses on the street. The Board had no comments or questions. No comments were received from the audience. Vote: Ms. Zawadzkas moved and the Board unanimously voted in favor of the Special Permit. 5-0-0: APPROVED. Plan View by Patrick Convery dated June 4, 2014 was referenced. Item #6: Selection of Officers: The Board unanimously voted to reappoint Mr. Oliveira as Chair and Mr. Checkoway as Clerk. ADDITIONAL BUSINESS: 1. Review Minutes of 5/12/14. Approved as written. MEETING ADJOURNED AT 7:30 PM The Board unanimously approved these minutes as written on July 28, 2014. 3