Minutes of Zoning Board of Appeals Public Meeting
Date: June 28, 2007
Time: 7:00 PM
Attendees: Trevor Pontbriand, Robert Hankey, Vern Jacob, Charles Amsler, Manny Heyliger, Bruce Drucker, William Nicholson, Roger Putnam and Christine Bates, Committee Secretary.
Regrets: Jeffrey Stewart
Trevor Pontbriand, Chair, called the meeting to order at 7:00 p.m. Pontbriand gave an overview of the hearing process.
7:04 pm 04-08 Bessette, 2683 State Highway, Map 15, Parcel 129: Request for one year extension to Special Permit to convert three-bay repair shop into full convenience store. Chair Pontbriand read Jerry Bessette’s letter requesting the extension. After a brief discussion regarding the need for the extension, Trevor Pontbriand moved to extend the Special Permit to July 1, 2008; seconded by William Nicholson; passed 8-0.
7:10 pm 07-22 Krasting, 180 Cliff Rd., Map 24, Parcel 84, Application for a Special Permit under WZB 6.1.5 to relocate existing structure due to erosion of the coastal bank and in the alternative, a Variance Request with regards to minimum lot requirements and setbacks. Pontbriand informed the applicants the tape recorder had stopped working so the hearing would not be taped. The Board consisted of Trevor Pontbriand, William Nicholson, Robert Hankey, Bruce Drucker and Charlie Amsler. Attorney Ben Zehnder and Ms. Krasting came to the table and gave an overview of the project. Zehnder stated this a hardship to the applicant because the dwelling is so close to the edge of the dune. The structure would be moved forward on the property, with no change to the structure itself. The proposed placement of the structure and the decking takes into consideration the abutters views. Discussion took place if this should be viewed as a Variance request; the Board concurred it should be
handled as a Special Permit because it is pre-existing, non-conforming. Zehnder provided proof the dwelling was constructed in the 1940’s. The following correspondence was read into the record: e-mail from the National Seashore stating they had no objection as this is a hardship; letters supporting the project were received from Patrice Caval Smart, Peter Crosen, abutter, Susan MacConnell, abutter, Michael Bliss, abutter, Dale Sherratt, and Richard Neylon. Zehnder stated the Conservation Commission has reviewed the project and was waiting upon the ZBA decision to make their final determination. Zehnder stated he was not aware of any policies the National Seashore had regarding moving structures. Trevor Pontbriand moved for Findings of Fact:
1. The existing property is nonconforming due to area.
2. The existing structure is nonconforming due to an intrusion into the front setback.
3. The existing structure is pre-existing non-conforming, having been constructed in 1940 according to the Town’s records.
4. The existing structure is approximately 15 feet from an unstable, eroding coastal bank.
5. The existing structure will be moved and relocated to be approximately 33 feet from the coastal bank, resulting in prolonged habitability of the property.
6. The front setback will be reduced from approximately 7.6 feet to approximately 1.0 foot.
7. The south side setback will be reduced to approximately 25.5 feet.
8. The elevation of the structure will be reduced by 3 feet.
9. There will be no increase in lot coverage.
10. There will be no change or increase in use.
11. The applicant has worked with the abutters in addressing their concerns.
12. Moving the structure is not substantially more detrimental to the neighborhood than the existing location of the structure.
Robert Hankey moved the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.
Trevor Pontbriand moved to grant the Special Permit with the following conditions (as submitted by Ben Zehnder):
1. Parking. Parking for three cars will be provided on the Krasting lot. In addition, the site plan will provide sufficient room for vehicular access (including turning into the parking area) to be accomplished within the existing track of Cliff Road (without the need for parking or turning movements over the informal parking area that has been created opposite Krasting’s lot on the west side of the track). In addition, Ms. Krasting will not object to the installation of a fence to discourage the use of this parking area.
2. Construction Impacts. The relocation plan will include provisions to address construction impacts, including: a) limiting construction to the off season (September 15 to June 15) only; b) a plan for access, positioning and/or parking of construction vehicles, including heavy equipment, and construction worker’s vehicles, to avoid damage to the road and adjoining areas and damage to vegetation. The plan will also include an undertaking to restore. promptly and professionally. any construction-related impacts to the roads and area vegetation (including re-vegetation on the lot). In addition, the plan will include an undertaking to either (i) not disturb
or (ii), if disturbed, promptly restore and re-vegetate the existing vegetated mound on the east side of Cliff Road and just to the west of the proposed relocation site. . In the event of any catastrophic erosion of the dune which may require immediate work in order to preserve the dwelling or the ability to move the dwelling, Ms. Krasting may, after reasonable notice to Bliss, perform any necessary work during this period, but will make all reasonable attempts to minimize any disruption to Bliss.
Seconded by Robert Hankey; passed 5-0.
Attorney Zehnder requested the Board make a motion to remove the Variance Request without prejudice. William Nicholson moved to remove the Variance Request without prejudice; seconded by Trevor Pontbriand; passed 5-0.
7:40 pm 07-23 Kosinski, 88 Ione Rd., Map 28, Parcel 68: Application for a Special Permit under WZB 6.1.5 or in the alternative, a Variance with regard to minimum lot requirements and setbacks: Add a second floor and balcony within the same footprint. Attorney Ben Zehnder represented the applicant. Manny Heyliger recused himself. The Board consisted of Trevor Pontbriand, William Nicholson, Robert Hankey, Bruce Drucker, and Vern Jacob. Attorney Zehnder reviewed the proposal, stating the dwelling was built in 1958; the proposed addition will not change the footprint; the Conservation Commission does not have to review the project because it is out of the 100 foot buffer zone; and the Board of Health has determined this is a two bedroom dwelling. The lot
coverage is approximately 4.7%. Both side setbacks are nonconforming; the front and rear setbacks are conforming. The surrounding neighborhood structures are approximately the same size. The following letters were read into the record objecting to the project: Eleanor Gyory, Hans and Mary Boehm, and Carole Adler. From the audience, David Wright, abutter, expressed concern about nitrates due to high usage of the septic; that the lot is too small for the size of the expansion; and gave a history of the neighborhood with regards to cottage sizes and why they are generally one level. He stated he feels the neighborhood is dense and is already taxed on resources. Manny Heyliger, contractor, stated the septic will be upgraded, the parking is adequate and the bedroom count will remain the same. Zehnder stated they could remove some of the vegetation to enlarge the parking, but the owners preferred to keep it as natural as possible as
well as provide privacy. He also gave examples of the square footage of abutting properties. The Board expressed sympathy to the concerns of the neighbors, but noted there are no bylaws regarding the use of the property as a rental, and that the Zoning Board does not have jurisdiction over issues such as water quality and septic concerns. Zehnder stated he is not aware of any conversation between the applicant and the abutters. Bruce Drucker moved for Findings of Fact:
1. The existing lot is non-conforming due to area and frontage.
2. The existing structure is non-conforming due to intrusions to both side setbacks.
3. The structure is pre-existing, non-conforming, having been built in 1950.
4. There are objections from abutters.
5. There will be no change or increase in use.
6. The subject property has received approval from the Board of Health for the septic system and is required to file a covenant with respect to Board of Health issues.
7. There will be no change or increase in the footprint.
8. There will be a volumetric increase within the side setbacks.
9. The structure will not be more substantially detrimental to the neighborhood.
Trevor Pontbriand moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 4-1.
Attorney Zehnder requested the Board withdraw the Variance Request without prejudice; Robert Hankey so moved; seconded by Bruce Drucker; passed 5-0.
Roger Putnam moved to approve the meeting minutes of 03/22/07; seconded by Trevor Pontbriand; passed 5-0.
Charlie Amsler moved to approve the meeting minutes of 4/26/07; seconded by Trevor Pontbriand; passed 5-0.
Roger Putnam moved to approve the meeting minutes of 5/10/07; seconded by Trevor Pontbriand, passed 7-0.
Chair Pontbriand welcomed Manny Heyliger to the Board, and thanked Charlie Amsler for his service to the Town. Jeffrey Stewart was not in attendance, but was recognized for his commitment and service to the Town.
Trevor Pontbriand moved to adjourn at 8:25pm, seconded by Bruce Drucker; passed 8-0.
Christine Bates, Committee Secretary