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HomeMy Public PortalAboutZBA Minutes 2010-10-06 Orleans Zoning Board of Appeals Minutes October 6, 2010 A meeting of the Orleans Zoning Board of Appeals was held in the Skaket Meeting Room at Town Hall. Present were Robert Osterberg, William Piersol, Rolf Soderstrom, D. Beth McCartney, Greg DeLory, and Michael Marnik. Building Commissioner Brian Harrison and Board Secretary Sandy Stewart were also present. Chairman Osterberg called the meeting to order at 7:00 p.m. Case #1916 (Continued) Charles and Susan Carlson applied for a Special Permit as set forth in MGL Chapter 40A, Section 6, under Orleans Zoning Bylaw Section 164-3C(1) and 164-21A to build additions/alterations to a pre-existing, nonconforming single-family dwelling. The property is located at 23 Doane Road, Orleans Map #21, Parcel #69. Special Permit granted. See attached Decision. Documents reviewed include the original application and a Site Plan dated August 5, 2010, prepared by Felco, Inc., Job No. 10086, and construction drawings dated August 5, 2010, prepared by aline architecture, pages X1.1-X1.3; . Documents are held in the permanent Zoning Board of A1.1-A1.3; A2.1, and A2.2, Appeals case file located at Town Hall. Case #1917 C&C Realty Trust applied for a Special Permit as set forth in MGL Chapter 40A, Section 6, under Orleans Zoning Bylaw Sections 164-6(2) and 164-8 to extend/relocate a nonconforming use (used car sales) in the General Business (GB) District to a lot in the General Business/Affordable Housing District (GB/AHD) and to extend this use into the AHD. In the alternative, the applicant seeks a Variance. The property is located at 5 Nell's Way, Orleans Map #46, Parcel #18. Attorney Benjamin E. Zehnder of Orleans and Mr. Russ Cabral presented the details of the application. No person appeared and no letters were received by the Town with regard to the application. The Hearing was closed to further evidence. Following discussion, the board members, Mr. Osterberg, Mr. Soderstrom, Ms. McCartney, Mr. Piersol and Mr. Marnik, unanimously determined that the application for a Special Permit should be denied and by 3-2 that the application for a Variance should be denied. Mr. Osterberg, Mr. Soderstrom and Mr. Marnik were in favor of the denial. At the applicant's request, on motion by Mr. Piersol and seconded by Mr. Osterberg, the hearing on the application was continued to the next regularly scheduled meeting on October 20, 2010. Board members voting in favor: Mr. Osterberg, Mr. Soderstrom, Ms. McCartney, Mr. Piersol, and Mr. DeLory. In other business, on motion by Mr. Piersol and seconded by Mr. Soderstrom, the Board voted unanimously to approve minutes of the September 1, 2010 meeting as drafted. Zoning Board of Appeals Minutes of October 6, 2010, page 2 On motion by Mr. Osterberg and seconded by Ms. McCartney, the meeting was adjourned at 8:35 p.m. Sandy Stewart Board Secretary 2