Falmouth Zoning Board of Appeals Minutes of March 23, 2017 at 6:30 p.m. Selectmen s Meeting Room, Falmouth Town Hall

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1 Public Hearing: Peter W. Furey (15 Captain Eldredge Way, East Falmouth) Voting Members: Kim Bielan, Ken Foreman, Acting Clerk - Paul Murphy, Jerry Potamis and Robert dugan Paul Murphy read the file into the record, and read the referrals: Engineering standard comments ConCom outside our jurisdiction Assessors no comment Fire Department no comment Planning Board no comment Peter Furey is the owner and explained that he would like to build a 24 x24 x18 garage in his front yard, with drywells and a rain garden. This is 51.3 from the front yard property line. He said he spoke to his neighbor who is fine with the plans. No plumbing in the garage; however, he d like to insulate it and have heat strips. There are interior stairs leading to the attic that will be used for storage. This will have one big garage door. Robert Dugan The upstairs is just for storage? Peter Furey Yes. I might have a workbench on the lower level Ken Foreman What is the driveway like? Peter Furey It s level to the road and I park in front of the house that does not have an attached garage Kim Bielan This is being built on a slab, so no basement? Peter Furey Yes, concrete slab Kim Bielan To confirm, no habitable space? Peter Furey Correct Ken Foreman moved to close. Jerry Potamis seconded the motion. All in favor Ken Foreman move to approve. Paul Murphy seconded the motion. Findings: 1. Per testimony, this is for storage and a possible workbench area 2. Per testimony, no habitable space 3. Per testimony, no plumbing 4. Will install heat strips 5. Will install drywells and a rain garden 6. Lot coverage is 8.3% Conditions: 1. As per plans 2. No habitable space 3. No plumbing in garage Falmouth ZBA Minutes from March 23, 2017 Page 1

2 All in favor Falmouth ZBA Minutes from March 23, 2017 Page 2

3 Continuation: Smith (390 Edgewater Drive East, East Falmouth) Voting Members: Kim Bielan, Robert Dugan, Ken Foreman, Paul Murphy, Jerry Potamis Paul Murphy read Michael Borselli s request for a continuation to April 27 Ken Foreman moved to continue to April 27, 2017 at 6:30 p.m. Jerry Potamis seconded the motion. All in favor Falmouth ZBA Minutes from March 23, 2017 Page 3

4 Continuation: (Sherbourge) and (Estate of J. Myette) Voting Members: Kim Bielan, Robert Dugan, Ken Foreman, Paul Murphy, Jerry Potamis Paul Murphy read Edward Kirk s request for a continuation to April 27 Ken Foreman moved to continue to April 27, 2017 at 6:30 p.m. Jerry Potamis seconded the motion. All in favor Falmouth ZBA Minutes from March 23, 2017 Page 4

5 Open Meeting 1. Minutes: February 23, 2017 and March 9 (regular and executive) and 16, 2017 Ken Foreman moved to approve the February 23 minutes. Robert Dugan seconded the motion. All in favor (Jerry Potamis and Paul Murphy abstained) Paul Murphy moved to approve the March 9 regular meeting minutes. Jerry Potamis seconded the motion. All in favor Jerry Potamis moved to approve the March 9 executive session minutes and not to release them to the public. Paul Murphy seconded the motion. All in favor Paul Murphy moved to approve the March 16 minutes. Ken Foreman seconded the motion. All in favor 2. Board review and discuss Procedural Rules and Policies Tabled 3. Board Administrative Approval Barnstable County Fairgrounds, Boy Scout event May 1, 8 or Sari Budrow explained that the Boy Scouts would like to hold a rocket-shooting event from 6:00 to 8:00 p.m. on the fairgrounds on May 1, 8 or 15. There will be less than 100 people in attendance. Wendy Brown will make sure the police and fire departments are notified. Ken Foreman moved to approve for May 1, 8 or 15. Paul Murphy seconded the motion. All in favor 4. Town Meeting Discussion Sari Budrow distributed the listing and map of streets for the area impacted. Sari also noted that TJ Hurrie prepared a presentation and Board members have sent in their comments. Ken Foreman My concern is the lack of parking in Falmouth Heights. Sari Budrow We ll add Woods Hole to this as well. I ll contact Brian Currie to let him know that the ZBA will speak to this at Town Meeting Paul Murphy It doesn t mirror the proposed uses. This will drastically change what the Heights will look like Sari Budrow I d like have an open meeting at 6:00 p.m. next week to finalize your comments on TJ s presentation. We ll also include a thumb drive of the pictures we take Ken Foreman Can you send a GIS map as well? Sari Budrow I can also send aerial shots Robert Dugan This area is very congested during the fireworks and road race (based on comments regarding density of area) Ken Foreman How many lots will be affected? Are they 5,000 or 10,000 s.f. lots? It would be very helpful to see the potential areas that will be impacted. Sari Budrow I can ask Bob Shea for that information Robert Dugan I m confused with the stated purpose in the article from the Planning Board on the economic and energy efficient use of the Town s housing supply (don t know what that means) Falmouth ZBA Minutes from March 23, 2017 Page 5

6 Ken Foreman The owner has to live there for seven months, but they could rent the accessory unit out every week. Sari Budrow Accessory apartments through special permit requires the owner to check in with the ZBA every year Robert Dugan We have to rely on complaints, and we really don t have the manpower to enforce this. Sari Budrow Sometimes neighbors are afraid to complain, especially since it has to be in writing Paul Murphy It s hard to prove illegal apartments Kim Bielan This will increase noise, traffic and garbage in all areas that have narrow streets and small lots Robert Dugan The Maravista and Falmouth Heights areas are part of the sewer hook-up, so they can increase their homes. Paul Murphy Income will service the debt on that Jerry Potamis They can have four bedrooms by-right. The treatment plant won t be burdened since it was designed to handle that increased load Robert Dugan What about these lots condominimizing units? Sari Budrow I ve asked a planning board member about that and that did not discuss issues with that. They need to be a single family home with an accessory use, so I m not sure if you can condominize although condominimizing has nothing to do with zoning Sari Budrow I ll post the open meeting for 6:00 p.m. next week. Please let me know if you have any other comments or thoughts for TJ s presentation I ll consolidate them and contact TJ Kim Bielan It would be great for everyone to be present at the precinct meetings in case people have questions Robert Dugan And to get a feel for how people feel about this 5. Correspondence /Board Updates None 6. Future Agenda Items Ken Foreman asked to take July 27 off the agenda. Sari will look to have meetings on July 6 & 20 and then we d be off July 13 & 27. Ken also asked about lessening the workload in September and perhaps do it in August Adjourned at 7:10 p.m. Falmouth ZBA Minutes from March 23, 2017 Page 6

6:00 pm - Open Meeting

6:00 pm - Open Meeting Falmouth Zoning Board of Appeals DRAFT - Minutes from March 30, 2017 at 6:00pm Selectmen s Meeting Room, Falmouth Town Hall Present: Kimberly Bielan (Chairman), Kenneth Foreman (Vice Chair), Terrence TJ