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Home My Public Portal AboutZBA 2017-07-19 '17 'SEP 19 8:11M ti ORLEANS TOW CLERK Orleans Zoning Board of Appeals Minutes July 19, 2017 A meeting of the Orleans Zoning Board of Appeals was held in the Skaket Meeting Room at Town Hall. In attendance were Michael Marnik, William McCarthy,D.Beth McCartney, Matthew Cole,Peter Jablon,Bruce Taub,and Gerald Mulligan. Building Commissioner Tom Even and Board Secretary Sandra Stewart were also present The meeting was duly noticed. Chairman Michael Mamik called the meeting to order at 7:00 p.m. Case#2062 (Continued from July 5, 2017) William J.Ballou has applied for a Special Permit as set forth in MGL Chapter 40A, Section 6, under Orleans Zoning Bylaw Section 164-3C(1)(b)to add a cedar walkway and deck to a pm-existing dwelling which is nonconforming with respect to set backs. The property is located at 36 Alden Road, Orleans Map#13, Parcel#61. Mr.David Cowing appeared to present the details of the application, but had not visited the site and was not familiar with the proposal. The location of the existing deck and/or the proposed work was unclear from plans submitted with the application. On motion by Mr. Taub, seconded by Ms.McCartney,the Board voted unanimously to continue hearing on the application to the next regularly scheduled meeting of the Board on Wednesday, September 6, 2017 at 7:00 p.m. The applicant was advised to submit legible plans to the Board at least one week in advance of the September 66 meeting. Case#2063 Nina M. Gussack has applied for a Special Permit as set forth in MGL Chapter 40A, Section 9,under Orleans Zoning Bylaw Section 164-21A(Note 5)to construct additions to two existing attached dwellings resulting in building coverage which exceeds 4,000 square feet. The property is located at 34 Crystal Lake Drive, Orleans Map#56,Parcel#15. Special Permit granted. See attached Decision. Mr. Cole recused himself and left the room. In reaching its decision,the Board reviewed the following:the application of Nina M. Gussack filed June 22,2017; a Site Plan prepared by Ryder&Wilcox, Job No.4869, dated June 22, 2017;building plans prepared by Mine Architecture dated 6/22/17,pages A1.0- A1.5; and color photos. Documents are held in the permanent Zoning Board of Appeals case file located at Town Hall. Case#2064 Thomas J.Russell has applied for a Special Permit as set forth in MGL Chapter 40A, Section 9, under Orleans Zoning Bylaw Section 164-21A(Note 5)to construct a garage addition resulting in building coverage which exceeds 4,000 square feet. The property is located at 74 & 75 Viking Road, Orleans Map/Parcel#70/63 and#63/54. Special Permit granted. See attached Decision. In reaching its decision,the Board reviewed the following:the application of Thomas J.Russell filed June 22,2017; a Site Plan prepared by Ryder& Wilcox,Job No. 11870,dated May 1, 2017; undated elevations and building 1 plans; and color photos. Documents are held in the permanent Zoning Board of Appeals case file located at Town Hall. On motion by Mr.Mulligan and seconded by Mr. Jablon,the Board voted unanimously to approve minutes of its July 5,2017 meeting as drafted. On motion by Mr.Mulligan, seconded by Ms.McCartney, and unanimously approved by the Board, Chairman Mamik adjourned the meeting at 7:50 p.m. Sandy Stewart Board Secretary 2 � TOWN OF ORLEANS E = „�p��p ® `�� ZONING BOARD OF APPEALS Kt`"^'�, ��' ) saw ' _ .fi,l9� �I 19 SCHOOL ROAD -- . _ ® 'FI''�� Q ORLEANS,MASSACHUSE l t S 02653-3699 pED / CASE NO. 2063 APPLICATION OF ZONING BOARD OF APPEALS NINA M. GUSSACK BOOK 30044, PAGE 261 34 CRYSTAL LAKE DRIVE MAP #56,PARCEL#15 ORLEANS,MA TOWN OF ORLEANS DECISION 1iL DARING: On July 19,2017, Case No. 2063 came for hearing before the Orleans Zoning Board of Appeals,wherein Nina M.Gussack applied for a Special Permit as set forth in MGL Chapter 40A, Section 9,under Orleans Zoning Bylaw Section 164-21A(Note 5)to construct additions to two existing attached dwellings resulting in building coverage which exceeds 4,000 square feet. The property is located at 34 Crystal Lake Drive, Orleans Map#56,Parcel#15. The hearing was duly advertised and scheduled. Mr.Michael P.Mamik,Chairman of the Orleans Zoning Board of Appeals, chaired the hearing. Also in attendance were Mr.Matthew Cole,Mr.William McCarthy,and Ms. Beth McCartney,regular Board members; and Mr.Bruce Taub,Mr.Peter Jablon, and Mr. Gerald Mulligan, associate Board members. Building Commissioner Mr.Tom Evers and Ms. Sandra Stewart, secretary to the Board,were also present. The Chairman designated himself, Mr.McCarthy, Ms.McCartney,Mr. Jablon, and Mr.Mulligan as voting on the application. Mr.Cole recused himself and left the room. Mr.David A.Lyttie of Ryder&Wilcox, Inc.presented the details of the application. No other person appeared,either in favor of, or in opposition to,the application. No letters were received by the Town with regard to the application. The Chairman then closed the hearing for the taking of further testimony. Following public deliberation by the Zoning Board of Appeals,a quorum of qualified members being present and voting; based upon the application of Nina M. Gussack filed June 22, 2017; a Site Plan prepared by Ryder&Wilcox,Job No.4869, dated June 22,2017;building plans prepared by Aline Architecture dated 6/22/17,pages A1.0-A1.5; and color photos,the Board adopted the following FINDINGS OF FACT: 1. Notice of hearing in this case was given in the manner and within the time required by law. 2. The subject property,known as 34 Crystal Lake Drive, is shown on Orleans Map#56 as Parcel#15 and is in a Residential(R)zoning District. 3. The property is owned by Nina M.Gussack by deed recorded at the Barnstable Registry of Deeds,Book 30044,Page 261. 4. The present use of the property as a residential dwelling will remain unchanged. Orleans Zoning Board of Appeals Case#2063, 34 Crystal Lake Drive 5. The applicant desires to additions to two existing attached dwellings resulting in building coverage which exceeds 4,000 square feet. 6 The prnposed use will not be siihstantialiy more detrimental to the neiebhnrhnod than the existing use. The project has Conservation Commission approval. 7. The site is adequate,in terms of size, and suitable for the proposed use. The site consists of 82,764 square feet, 71,764 square feet of which is buildable upland. Building coverage will increase from 7.2 percent to 7.9 percent. 8. The proposed use will have no negative impact on traffic flow or safety. 9. The proposed use will have no negative impact on the visual character of the neighborhood_ 10. The proposed use is isolated from,and will have no impact on the method of sewage drsposal, source of water,drainage or water resources. _._. _.. . . _ 11. Utilities and public services will be adequate for the proposed use. 12. Noise and litter will not be increased after the change in use is complete. 13. There will be no adverse impact on groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies. 14. The proposed use will not be detrimental to the established and future character of the neighborhood and will be in harmony with the general intent and purpose of the Zoning Bylaw. MOTION GRANTING RELIEF: Based on the Findings of Fact,Mr.Mulligan moved,and Mr.McCarthy seconded,that the Board grant a Special Permit,to nun with the land,pursuant to Section 164-21A(Note 5)to construct additions to two existing attached dwellings resulting in accordance with plans submitted with this application and cited above at 34 Crystal Lake Drive. VOTING IN FAVOR: Dated: July 19, 2017 Mr.Michael P. Marini Ms.D.Beth McCartney Mr.William McCarthy Mr. Gerald Mulligan Mr. Peter Jablon 4(717 n Michael P.Marini., , JJA{*t� %a11 D.Beth McCarty- ,Clerk CERTIFICATION Date: August 25, 2017 I, Cynthia S. May, Town Clerk of the Town of Orleans, Massachusetts, do hereby certify that twenty days have elapsed since the above-referenced decision of the Board of Appeals which was filed in the office of the Town Clerk on August 4, 2017 and no appeal has been filed in the office of the Town Clerk. I M dr •• Cyn' la S. May,Town Clerk 2 Orleans, Massachusetts . TOWN OF ORLEANS �� ` ZONING BOARD OF APPEALS `�`�+' ,gazy II 'f °� '� 19 SCHOOL ROAD - - _ _ Qo './��/' ORLEANS,MASSACHUSb 115 02653-3699 CASE NO. 2064 APPLICATION OF ZONING BOARD OF APPEALS THOMAS J. RUSSELL BOOK 28499, PAGE 238, 249 74 & 75 VIKING ROAD MAP#70/63, PARCEL#63/54 ORLEANS,MA TOWN OF ORLEANS DECISION THE HEARING: On July 19,2017, Case No.2064 came for hearing before the Orleans Zoning Board. f Appeals,wherein Thomas J.Russell applied for a Special Permit as set forth in MGL Chapter 40A, Section 9,under Orleans Zoning Bylaw Section 164-21A(Note 5)to construct a garage addition resulting in building coverage which exceeds 4,000 square feet. The property is located at 74& 75 Viking Road, Orleans Map/Parcel#70/63 and#63/54. The hearing was duly advertised and scheduled. Mr.Michael P.Marnik Chairman of the Orleans Zoning Board of Appeals, chaired the hearing. Also in attendance were Mr.Matthew Cole,Mr. William McCarthy,and Ms.Beth McCartney,regular Board members; and Mr.Bruce Taub,Mr.Peter Jablon,and Mr.Gerald Mulligan, associate Board members. Building Commissioner Mr.Tom Evers and Ms. Sandra Stewart, secretary to the Board,were also present The Chairman designated himself,Mr.McCarthy, Ms.McCartney,Mr. Cole,and Mr.Taub as voting on the application. Mr.David A.Lyttle of Ryder&Wilcox,Inc. presented the details of the application.No other person appeared, either in favor of,or in opposition to,the application. No letters were received by the Town with regard to the application. The Chairman then closed the hearing for the taking of further testimony. Following public deliberation by the Zoning Board of Appeals,a quorum of qualified members being present and voting;based upon the application of Thomas J.Russell filed June 22, 2017; a Site Plan prepared by Ryder&Wilcox,Job No. 11870, dated May 1,2017;undated elevations and building plans; and color photos,the Board adopted the following FINDINGS OF FACT: 1. Notice of hearing in this case was given in the manner and within the time required by law. 2. The subject property, known as 74& 75 Viking Road,is shown on Orleans Map#70/Parcel #63 and Map#63/Parcel#54 and is in a Residential(R)zoning District 3. The property is owned by Thomas J. Russell by deed recorded at the Barnstable Registry of Deeds,Book 28499,Pages 238 and 249. 4. The present use of the property as a residential dwelling will remain unchanged. 5. The applicant desires to construct a garage addition resulting in building coverage which exceeds 4,000 square feet. Orleans Zoning Board of Appeals Case#2064, 74 & 75 Viking Road 6. The proposed use will not be substantially more detrimental to the neighborhood than the existing use. 7 The site is adequate, in termc of ci7e and suitable for the proposed use The site coneicts of 179,465 square feet, 110,525 square feet of which is buildable upland. Building coverage will increase from 5.0 percent to 5.3 percent. 8. The proposed use will have no negative impact on traffic flow or safety. 9. The proposed use will have no negative impact on the visual character of the neighborhood. 10. The proposed use is isolated from, and will have no impact on the method of sewage disposal, source of water,drainage or water resources. 11. Utilities and public services will be adequate for the proposed use. 12. Noise and litter will not be increased after the change in use is complete. 13. There will be no adverse impact on groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies. 14. The proposed use will not be detrimental to the established and future character of the neighborhood and will be in harmony with the general intent and purpose of the Zoning • Bylaw. MOTION GRANTING RELIEF: Based on the Findings of Fact,Mr. Cole moved, and Mr.McCarthy seconded,that the Board grant a Special Permit,to run with the land,pursuant to Section 164-21A(Note 5)to construct a garage addition in accordance with plans submitted with this application and cited above at 74/75 Vining Road VOTING IN FAVOR: Dated: July 19, 2017 Mr.Michael P. Marnik Ms.D.Beth McCartney Mr.William McCarthy Mr.Matthew Cole Mr.Bruce Taub 111a YrMC Michael P.Marnik, • . l/ _ IAA la % L, D. Beth McCartney,Clerk CERTIFICATION Date: August 25, 2017 I, Cynthia S. May, Town Clerk of the Town of Orleans, Massachusetts, do hereby certify that twenty days have elapsed since the above-referenced decision of the Board of Appeals which was filed in the office of the Town Clerk on August 4, 2017 and no appeal has been filed in the office of the Town Clerk. ,fit hia S. May, Town Clerk 2 Orleans, Massachusetts