Falmouth Zoning Board of Appeals DRAFT - Minutes of May 17, 6:00 PM Selectmen s meeting Room, Falmouth Town Hall

Transcription

1 Continuation- # Bad Martha Farmer s Brewery, LLC 876 East Falmouth Highway, East Falmouth Voting: K. Foreman, T. Hurrie, E. Van Keuren, P. Murphy, R. Dugan Absent: K. Bielan Kevin Klauer is representing the applicant Bad Martha Farmer s Brewery, LLC. As a brief refresher my client is a small craft brewer located in Edgartown and they are looking to replicate their existing location here in Falmouth. Essentially, they're looking to construct a new facility which uses include brewing and sales both on and off cycle. This is located at 876 East Falmouth Highway on a 2.37 acre parcel which is located on Route 28 in East Falmouth. It's abutted to the west by town property, to the east by Mahoney's, and to the north by an undeveloped subdivision. There have been very few changes in the plan since last time. We had been waiting on site review from the Planning Board which was held last Tuesday and that review went very well. They have not issued their decision yet though and told us that they had no issues with the plan and that an affirmative decision is coming but it has not been issued because this past Tuesday was Election Day. The next hearing will be on the 22 nd. The only change to the plan is in response to engineering. There was a relocation of the utility pole that's been coordinated with Eversource. A van accessible parking space has been added. We're essentially saying that's a preliminary layout but those areas will be striped. The only other additional note is a small shed which will be used for the controls for the septic. That was not on the plans previously. We had intended to keep it in the building but the small control shed will still meet all the setback requirements. Other than that the plans are largely as you've seen previously and I think at this point the only thing we're waiting on is the site plan review. If you were so inclined as to approve it based on the planning boards preliminary feeling with a condition we would certainly be amenable to that. R. Dugan- On the parking spaces to the east, can we move the berm down? K. Klauer- We are amenable to it we just haven t gotten that far with Mahoney s. R. Dugan- Just something to separate the road from the parking spaces. E. Van Keuren- I just happened to go by there and there seems to be a lot of cars parked there at Mahoney s. Is that normal? 1

2 K. Klauer- I m not sure. S.Budrow- Yes an event at Mahoney s. I think a yearly thing they have going on tonight. K. Foreman- I did go there and look at it. I was trying to get a better feeling exactly where the building is going to be. There were a couple of stakes. Is that the front of the building? K. Klauer- I believe that would be the rear of the building at this point here. K. Foreman- So, you are building out into the pavement? K. Klauer- Yes. This is the edge of the pavement you are looking at here. You will end up with one row of parking and then landscaping. It will be an improvement to the site. K. Foreman- I think my main concern was to get the landscape plan more fleshed out. K. Klauer- This is what was submitted to site plan review. We want to make it an extension of the landscaping that is in the Mahoney s lot which is beautiful. We have shown some trees, planting areas and berms that are landscaped heavily. It will break up the view. K. Foreman- On the west side of Oysters Too is that all vegetated? Will the Cedars be relocated located? K. Klauer- Yes, it is. They also want to preserve those Cedars. We are looking at a pretty big site change. They are certainly open to preserve what they can. It is hard to say though. K. Foreman- You have lot coverage information for what is proposed but not what it is currently. What has changed? K. Klauer- I did not bring the copies with me. K. Foreman- There is no comparison with what exists and we normally see that. I would like to see that. E. Van Keuren made a motion to continue to May 24 th 2018 at 6pm. T. Hurrie Seconded the motion. Motion carried

3 T. Hurrie made the motion to take the open meeting minutes agenda items out of order. Seconded by P. Murphy. Motion carried 5-0. Open Meeting- Voting: K. Foreman, T. Hurrie, E. Van Keuren, P.Murphy, R. Dugan Abstained- G. Potamis Absent: K. Bielan 1. Minutes of May 3 rd, T. Hurrie made a motion to approve. E. Van Keuren seconded. G. Potamis. Motion carried Administrative Approval Request to allow a Temporary Dome sculpture exhibit at Highfield Hall- S. Budrow- A nonprofit educational group has requested Highfield Hall be deemed the location for a temporary dome sculpture. You can see it on the site plan. P. Murphy- Why is it temporary? S. Budrow- It is an exhibit. T. Hurrie- Is it an actual structure? S. Budrow- Yes. Here is the materials list. P. Murphy made a motion to administratively approve. E. Van Keuren seconded the motion. Motion carried Procedural Rules and Policies- Tabled. 4. Future Agenda Items- At the end of the July 12 th meeting we will reorganize the board. 3

4 Hearings- # Carmel, 50 Bay View Avenue, E. Falmouth Special Permit to construct pool increasing lot coverage by structures over 20% Voting Members: K. Foreman, T. Hurrie, K. Bielan, E. Van Keuren, P. Murphy E. Van Keuren read the Notice of Public Hearing and the following referrals into the record. Engineering- Standard comment Conservation Commission- There was a hearing last night Water Department- Water services need to be upgraded. Applicant must be signed off on. Correspondence - 1 letter of concern. Kevin Klauer is representing the owners of this property and the applicants in this matter. The lot is 19,206 s/f and is located in the Residential B district. The applicant is in the process of building a new dwelling on the lot with a footprint of 3,800 s/f. The new structure will conform to front, side and rear setbacks. They are here tonight asking for a special permit to be able to put in a pool. The pool puts the lot coverage above 20% to 21.4%. This application is unique because we are here because of the pool. I mentioned the structure is by right. The pool has no impact to the neighborhood. There are 5 structures in the neighborhood with lot coverage above 20%. I will respond to the letter that was submitted. The owner did revise based on the letter of concern. T. Hurrie- What was the outcome of the Conservation Commission? K. Klauer- No concerns. K.Bielan- - How high is the patio? K. Klauer-It is 3 feet high. K. Bielan- The existing was 15% then 19.4% and now up to the 21.4% due to the pool? 4

5 K. Klauer- Yes. K. Bielan- Any landscaping? K. Klauer- I do not know the answer to that. They want to preserve some of the oak trees. K. Foreman- What are the dimensions of the pool? K. Klauer- It is 288 s/f, so 24 X 12. K. Foreman- The patio is not being counted correct? K. Klauer- Yes. K. Foreman- Is there a change to the height of structure? Do you know how much higher? K. Klauer- I do not know. But it conforms. K. Bielan- Was the patio was included in the paving and parking and structure? K. Klauer- Yes. K. Bielan made a motion to close. E. Van Keuren seconded. Motion carried 5-0. K. Bielan- I think it s a good project. I think what they are doing by right is fine. I think some screening plants among the rear would be nice. K. Foreman- The applicant has done a nice job. The house conforms. K. Bielan made a motion to approve. E. Van Keuren seconded. Motion carried 5-0. Findings- 1. Reasonably over lot coverage E 2. Review lot coverage calculations 3. House will conform to setbacks by right 5

6 4. In response to abutter s concerns they did move the pool back 6 feet to 31.8 feet when only 25 feet is required. Conditions- 1. Per Plan 2. Applicant is required to construct and maintain pool per Building Code. 6

7 # Johnson, 136 Carriage Shop Road, Waquoit Modification of Special permit # to construct a metal garage building to store HO Equipment. Voting Members: K. Foreman, T. Hurrie, K. Bielan, E. Van Keuren, P. Murphy K. Bielan read the Notice of public Hearing and the following referrals into the record: Engineering- Standard comment. Fire Department- No Comment. Water- No town water at this location. Assessors- No comment. Planning- No comment. Waste Water- No comment. Correspondence -1 letter of concern. Carl Johnson is owner of this property and the applicant in this matter. I would like to build a 40x 60 garage. This is to house and repair my lawn maintenance equipment. I would like to replace the truck that was from my sons business with another trailer. R. Dugan- What type of maintenance? C. Johnson- Blade sharpening and spark plugs for lawnmowers. R. Dugan- Just on the equipment? C. Johnson- Yes. K. Bielan- Would that be indoors? C.Johnson Yes. 7

8 K. Bielan - Hours of operations? C. Johnson- Usually in the evening. K. Bielan- Would the sharpening make noise? C. Johnson- Yes, but you re not going to hear it. It doesn t take long. K. Bielan- Cleaning business is done? C. Johnson- Yes. K. Bielan- Is the truck still on the property? C. Johnson- No. K. Bielan- You would like to have 3 trucks and 3 trailers? C. Johnson-3 and 3. K. Bielan- Any additional Traffic? C. Johnson- No probably less. T. Hurrie- What is the height of the structure? C. Johnson- 18 feet. T. Hurrie- Any office or bedrooms? C. Johnson- No. G. Potamis- Is the sharpening dry? C. Johnson- Yes. 8

9 K. Foreman- So you re really asking for a perversion? C. Johnson- Yes. K. Foreman- 3 pickup trucks, 3 trailers and the van will go away. C. Johnson- Yes. K. Foreman- How many trips per day? Going in and out? C. Johnson- I would like to think we go out once and come back once. Sometimes we might need to go out 2-3 more times. K. Foreman- Condition 25 was that you put in some evergreens? C. Johnson- I have screening on all sides of the property except for the conservation land. K. Bielan- Are you asking for a revision on the equipment piece? C. Johnson- Yes. I want to work with my neighbors. I don t want it to be disruptive. K. Foreman- How large is your parcel? C. Johnson- 57,000 s/f. S. Budrow- There is absolutely no vehicle maintenance on site? C. Johnson- Correct. S. Budrow- You stated that you won t be using lubricants? C. Johnson- Let me rephrase that. There will be some oil. S. Budrow- Will you have this 55-gallon drum in this facility? C. Johnson- Yes. 9

10 S. Budrow- Do you have any hazmat? C. Johnson - The Fire Department didn t have much concern. We put a few gallons to service the machines. S. Budrow- What about the oil? C. Johnson- It is sealed. K. Bielan- Condition 31 somewhat covers it but we can condition he will meet with the Fire Department. R. Dugan- The number of employees that come to the site is 6? C. Johnson- Yes 6. Occasionally they park up front in the 50 foot right away. S. Budrow- 15 feet is paved. Michael Domingues, 144 Carriage Shop Road, East Falmouth. I am in favor of the garage. I was wondering how the storage of the facility was going to work and where the employee parking will be. I didn t see a plan? The employees park where the garage is proposed Thomas Fuller, 100 Parsons Lane, East Falmouth. I support the project. Susan Derome, 120 Carriage Shop Road, East Falmouth- I am concerned about the sparks and the noise. I already have a neighbor who cuts wood all weekend that I hear. After hours concern me as well. K. Foreman- How about now, how do you feel about the noise? S. Derome- I didn t know that there was a business there. C. Johnson- Hours of operation are 9am to 7pm because of the kind of year that we have had. I don t know too much about the noise concerns. S. Budrow- What are the days? 10

11 K. Foreman- We could do 7am -7pm. Monday-Saturday. K. Foreman- Is there designated parking? C. Johnson- It is along the back. The trucks will be backed up. It is the west edge of the property. We are backed up to conservation. Isabella Derome- Will this disturb the habitats of animals and traffic? C. Johnson- There should be no impact on habitats and no increase in traffic. S. Budrow- What the abutters seem to be concerned with is the noise. C. Johnson- There is nothing that is going to be removed. There will be a few trees removed. T. Hurrie- The additional permit to consider is number 3 on the last page? S. Budrow- This is not in a water resource district. R. Dugan- Your removing a retaining wall? C. Johnson- That is something my son put up. It s not even really a retaining wall. K. Bielan made a motion to close. E. Van Keuren seconded to motion. Motion carried 5-0. S. Budrow - I will go through these points- Condition number 7 is fine. Condition 21 is the one that is concerning. Should be run only for the services. Servicing of the equipment done by 7pm. Offload only during those hours. Meeting with the Fire Department. Submits a parking plan within 20-day appeal period. Finding that he is putting in some screening. Proposed landscaping plan put in on the south side of the property. Condition 5 you re going to strike. T. Hurrie made a motion to have S. Budrow draft a favorable decision to be reviewed on May 24, Seconded by E. Van Keuren. Motion carried

12 Savon LLC (Hatem), 561 Thomas B. Landers Hatchville Modification of Special Permit #25-15 to allow 8,000-gallon fuel tank on site P. Murphy- I need to make a public disclosure. I am the Building Commissioner for the Town of Dartmouth. Mr. Choubah sits on the Board in Dartmouth. Objections- None. K. Bielan read the Notice of Public Hearing into the record along with the following referrals. Engineering No Comment Health- Must comply with 310 CMR 80 Assessors- No Comment Fire Department- I have worked with the applicant s engineer. The applicant will need to renew the fuel storage license. There are no other concerns. Water Department- Not a problem as long as containment from leakages into soil. Waste Water- None at this site. Planning- No comment. Halim Choubah is representing the applicant. If you recall a few years ago we came here for approval. After several hearings, the application was found to be suitable. It is in LIA. The applicant has followed all 15 conditions you had set. The owner would like to amend the special permit by adding an 8,000-gallon fuel tank on site to fuel diesel trucks on the property. The footprint is about 392 feet. The proposal is The tank will comply with all codes. We believe with the proposed amendment will make this less detrimental because there will no longer be a need to have to go out through town to get fuel. G. Potamis- I noticed the Board of Health said above level storage. H. Choubah- We will be applying for both. 12

13 G. Potamis- You have a double wall containment? H. Choubah- We have 3. This is the 12 inch pad. Around the pad will be a concrete wall that is 32 inches high. T. Hurrie- Concern about the safe movability of the trucks. Looking at the plans I see that you are removing the pavement. H. Choubah- All the parking for the employees is on the south side. K. Bielan- A condition was that a 15-foot fire lane was put in and the trucks maneuver around the building. Does this fencing lock? H. Choubah- That was an added condition from the Fire Department. It is open on both sides and trucks can get through. K. Bielan - The Fire Department requested you put that in? H. Choubah- To make sure no one get into the trucks. K. Bielan- Your storing 5 trucks? H. Choubah- Yes. K. Bielan- No other changes? H. Choubah- No. E. Van Keuren made a motion to close. T. Hurrie seconded. Motion carried 5-0. P. Murphy made a motion to approve. E. Van Keuren seconded. Motion carried 5-0 Findings- 1. Testimony was that the fence surrounding the property was add by recommendation of the Falmouth Fire Rescue Department. 2. Numerous levels of containment for volume of gas 13

14 3. Testimony will be that they will be going in front of the Board of Selectmen for updated license 4. Reduces traffic to local gas station 5. No derogation from previous conditions as stated. 6. Testimony states must comply with underground storage containers regulated under DEP Conditions- 1. Per plans 2. No derogation except as stated 14

15 # McGourty, 18 Cypress Street, Falmouth Special permit to raze and reconstruct existing non-conforming single-family dwelling Voting Members: K. Foreman, T. Hurrie, E. Van Keuren (Acting Clerk), P. Murphy, G. Potamis K. Bielan recused. E. Van Keuren read the Notice of Public hearing and the following referrals into the record: Engineering Standard Comment Water- Property currently has existing service Correspondence -1 letter of comment and concerns S. Budrow- Property is on the sewer. Brian MGourty is the applicant and owner of the property. We are looking to increase the house to a four bedroom. I am reducing the existing non-conformities bringing it under the 25% K. Foreman- The non-conformities are regarding setback? 4,800 s/f and how are those changing. B. McGourty- The existing foundation is remaining so no changes S. Budrow- 8.8 is becoming 12.5 T. Hurrie- You are removing the shed? B. McGourty- Yes. T. Hurrie- The foundation will remain? B. McGourty- Yes. S. Budrow- Set back is 11.4 from the front. It is 1 ½ stories going to 2 stories. 15

16 K. Foreman- You gave us a list of lot coverage / bulk calculations. There are plenty of properties in the area that are larger. Trent Sandlin, 191 Maravista Ave. My concern is that historically they have used our property for parking. If they are adding more bedrooms it will increase the traffic. S. Budrow- I asked Mr. McGourty. There is a letter in response to the parking. B. McGourty- We are not increasing the people who live in the house. K. Foreman- How many cars can you fit? B. McGourty- 2 K. Foreman- How many cars do you have? B. McGourty- 3. We are allowed to park in the street. The road is now 20 feet. K. Foreman- Is it a private way? S. Budrow- No. It was town accepted all the way from Great Bay Street through Little Bay street easterly side 600 feet. Developed and Town accepted in It is questionable and decides on owner s deeds. T. Hurrie- It has been decided by the court. K. Foreman- If it is a public or private matters. T. Sandlin- As a land court street it is a private street. You cannot take over anyone else s property. Only easterly on Maravista is public. Last summer there were probably 40 cars parked on our side. We would like the parking to be addressed. K. Foreman- You could make a designated parking spot in front. Lois Damelio, 24 Cypress Street- One of the issues I would like to present is that all the houses on this street are non-conforming. There has to be parking on the street. 16

17 G. Potamis- You are removing the shed? B. McGourty- There are two now. We are removing one. K. Foreman- It looks like when you add the addition you are going to cut into your dirt drive a little. Will that impact where you re parking? B. McGourty- No. S. Budrow- On your side door and rear door is that going to be wood? B. McGourty- No stone. P. Murphy made a motion to close. E. Van Keuren seconded the motion. Motion carried 5-0. T. Hurrie made a motion to approve. E. Van Keuren seconded the motion. Motion carried Existing foundation is to remain with an 8 addition. 2. Existing deck will be removed to improve the non-conforming setback from 8.8 ft to 12ft. 3. Lot coverage to be slightly improved 4. Total lot coverage will be reduced. 5. One shed will remain. The shed on the east will be removed ½ story to 2 stories 7. They are on sewer 3 bedrooms to 4 bedrooms Enhances utilization for the owner 10. Board recommendation that they park on their side of their road (private way) Findings- Conditions- 1. Per Plan 2. No occupancy of 4 th bedroom until hooked to the sewer 3. Removal of shed on the easterly side 17

18 Sheehan, 151 Edgewater Drive East, East Falmouth Special Permit to construct addition creating a bathroom and increase kitchen size. K. Bielan read the Notice of public Hearing and following referrals into the record: Engineering- Standard Comment Assessors- No Comment Water- Has existing service and doesn t impact water department operation. Fire Department- No comment Correspondence - 2 letters of support. John Doyle is representing Mr. Sheehan. He submitted a 3 rd letter in favor. This house was built in The lots are small in this area. On the south side the deck does not meet the setbacks. The street setback is at We applied under C. as a preexisting nonconforming lot. The dwelling has only two bedrooms, there will be no increase to the number of bedrooms through this special permit. The reason for the addition is to make the kitchen larger and create a full bathroom for the one bedroom to become a master suite. The setback for the addition is in compliance. The existing 14% will be increased to a little more than 18% coverage by structures. The parking and paving and structures we are at 28%. I think this is an improvement to the dwelling. K. Bielan- 2 bedrooms remain? J. Doyle- Yes K. Bielan-Height will remain matching? J. Doyle- Yes. K. Bielan-Under the new addition is just a crawl space? J. Doyle- No, it will be a basement area. 18

19 T. Hurrie- There is no septic proposed? S. Budrow- They have to show proposed sewer in case of failure. K. Bielan- Any intention to put in drywell? J. Doyle- Yes, in response to the engineering. Put in a drywall in dry spots. We are cutting the driveway back. I want to also make a correction that they want a basement. K. Bielan- Will that be finished habitable space? J. Doyle- No. K. Bielan made a motion to close. E. Van Keuren seconded the motion. Motion carried 5-0. K. Bielan made a motion to approve. T. Hurrie seconded the motion. Motion carried foot basement under the addition not habitable 2. Addition will match the height of existing dwelling 3. Lot coverage below maximum allowed 4. 2 bedrooms remaining 5. Increased utilization 6. Testimony that there no increase to nonconforming setbacks existing 7. Testimony that there is intention to add drywells at down spout Findings- Conditions- 1. Per plans 2. As built plan submitted prior to sign off 3. 2 bedrooms only on site Meeting adjourned 9:00 PM Respectfully Submitted, Meg Petitti- Recording Secretary 19