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Home My Public Portal AboutZBA 2015-06-17 71 , Uri 3 9:31.x, Orleans Zoning Board of Appeals Minutes ORLEANS TOW CLERK: June t7 2IITS A meeting of the-Orleans Zoning Board of Appeals was-held in the Skaket Meeting -.Room at Town-Hal ..Present were-MichaelMarnik,Beth-McCartney,William McCarthy,Bruce Taub, and Gerald Mulligan. Building Commissioner Brian Harrison andBoard secretary Sandy Stewart were also present Chairman Michael Marnik called the meeting to order at 7:03 p.m Case#2007 -John D: Martin has-applied for a Special Permit as set-forth-in MGL Chapter 40A, Section 9,under Orleans Zoning Bylaw, Section 164;Attachment I Schedule of Use Regulations,Note(4); for the ereation of-more than-2,500 square feet-of gross floor area in commercial use in an Industrial (I)District The property is-located at 32 Rayber • Road,-Orleans-Map#47,-Parcel#33. Special-Permit granted, See attached-Decision. In reaching its decision,the Board reviewed-the following:the application oflohn D.-Martin,filed May 21,2015;•based also upon the Certified-Plot-Plan prepared-by Philip D.Scholomiti,-dated May 20, 2015;and the drawings piepared-by Peter J. Coneen,LW dated March 3, 2015 (revised March 30, • 2015). Dnrnments are held-in the permanent Inning Board of Appeals race file located at Town liall. In-other business;on motion by Mr. Taub and-seconded by Ms: McCartney,the Board voted unanimously to approve minutes of the June 3,2015 meeting as drafted. On motion by Mr. Mulligan, seconded by Mr.Marnik and unanimously approved by the Boardd, Chairman Marnik adjourned the meeting at 7:32 p.m Sandy Stewart- Board Secretary susu- \ TOWN OF ORLEANS Assf. Sie tea;, ZONING BOARD OF APPEALS III 19 SCHOOL ROAD ro MR v t ' ORLEANS,MASSACHUSE r r S 02653-3699 CASE NO. 2007 APPLICATION OF ZONING BOARD OF APPEALS JOHN D.MARTIN BOOK 10110,PAGE 214 32 RAYBER ROAD MAP#47,PARCEL#33 ORLEANS, MA TOWN OF ORLEANS DECISION THE HEARING: On Iune 17,2015, Case No.2007 came on for hearing before the Orleans Zoning Board of Appeals,wherein John D. Martin applied for a Special Permit as set forth in.MGL Chapter 40A, Section 9,under Orleans Zoning Bylaw, Section 164, Attachment 1 Schedule of Use Regulations, Note(4),for the creation of more than 2,500 square feet of gross floor area in commercial use in an Industrial(I)District The property is located at 32 Rayber Road, Orleans Map#47,Parcel#33. The hearing was duly advertised and scheduled. Mr. Michael Mamik, Chairman of the Orleans Zoning Board of Appeals, chaired the hearing. Also in attendance were Mr. William McCarthy and Ms. D. Beth McCartney, regular Board members; and Mr. Gerald Mulligan and Mr. Bruce Taub, associate Board members. Mr. Brian Harrison, Building Commissioner, and Ms. Sandra Stewart, secretary to the Board,were also present The Chairman designated all Board members in attendance to vote on the application. Mr. Peter Coneen and Mr. John Martin presented the details of the application. No person appeared, either in favor ofy or in opposition to, the application. No letters were received by the Town regarding 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 John D. Martin, filed May 21,2015; based also upon the Certified Plot Plan prepared by Philip O. Scholomiti, dated May 20, 2015; the drawings prepared by Peter J. Coneen, LLC dated March 3, 2015 (revised March 30, 2015), and the minutes of the Site Plan Review Committee dated May 20, 2015, Mr. Marini moved that the Board adopt the following FINDINGS OF FACT: 1. The subject property,known as 32 Rayber Road,is shown as Parcel 33 on Orleans Map 47, and is in the Industrial (I)District 2. The present and proposed use of the property is commercial for an excavation business. 3. The applicant proposes an addition to a shopfwarehouse resulting in 4,203 square feet of commercial floor area 4. The construction will not be substantially more detrimental to the neighborhood. 5. The business is located near uses which are similar. 6. The proposed activity will contribute to the diversity of services available in the town. Orleans Zoning Board of Appeals Case#2007, 32 Rayber Road 7. The proposed activity provides service to year-round residents and strengthens off-season employment opportunities. 8. The proposed activity will add relatively little to summer traffic congestion,poses no environmental storage hazard, and will not result in air pollution or excessive noise. 9. There are no scenic view,topographic, or natural feature changes to the property. Pedestrian and vehicular movement have been considered. The project has Site Plan Review Committee approval. 10. The site is adequate,in terms of size, and suitable for the proposed use. Proposed building coverage is 4,203 square feet on a lot containing 34,743 square feet(.80 acres),all of which is buildable upland. 11. The proposed use is isolated from,and will have no impact on,the method of sewage disposal, source of water,drainage, or water resources. 12. Utilities and public services will be adequate for the proposed use. 13. Noise and litter will not be increased after construction is complete. 14. There will be no adverse impact on groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies. 15. 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. The motion was seconded by Mr.McCarthy and unanimously approved by the Board. MOTION GRANTING RELIEF: Based on the Findings of Fact,Mr.Marnik moved, and Mr.McCarthy seconded, that the Board grant a Special Permit,to run with the land,pursuant to Sections 164-13, 164-38, 164-43,and 164-44 of the Zoning Bylaw,to build an addition resulting in the creation of more than 2,500 square feet of gross floor area in commercial use at 32 Rayber Road,in accordance with plans submitted with this application and cited above. VOTING IN FAVOR Dated: June 17 2015 Mr.Michael P Marnik D. Beth McCartney Mr. William McCarthy Mr. Gerald Mulligan Mr.Bruce Taub ?4 1,7 i?fl .>l Mich£fSAt Chairman / . D. :eth + :fey, Clerk CERTIFICATION Date: July 27, 2015 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 July 2, 2015 and no appeal has been filed in the office of the Town Clerk. Cynthia S. May,Town Clerk 2 Orleans, Massachusetts