ZONING BOARD OF REVIEW
Wednesday, March 3, 2021 at 6:00 PM
MINUTES
The Town of New Shoreham Zoning Board of Review met on Wednesday, March 3, 2021 at 6:00 PM via Zoom. Present were Chairwomen Kate Atwater Butcher, Vice Chair Robert Lamoureaux, Keith Stover, Judith Cyronak, Susan Bush, First Alternate Steven Filippi, Second Alternate Robert Closter Jr. Also present were Stenographer Sally Brassard, Town Solicitor William Landry and Jennifer Brady LUAO.
Ms. Butcher called the meeting to order at 6:02pm.
Hearings:
1. Overlook Realty, LLC. Plat 19, Lot 3. Fire # 74. West Side Road. Appeal of a determination by the New Shoreham Building Official dated October 26, 2020 regarding prior Zoning Decisions.
Mr. Stover recused on this matter.
Mr. Filippi recused on this matter.
Ms. Butcher recused on this matter.
At the Applicant’s request, Ms. Butcher made a motion to continue the public hearing to March 24, 2021, which was seconded by Ms. Bush and the motion passed with 5-0. (Butcher, Lamoureaux, Cyronak, Bush, Closter.)
2. Piper, Pamela and Pearce, Anna. Plat 11, Lot 43. #781 Lakeside Drive. Application for a Variance from Sections 113(C) and 306 (C) for construction of a bathroom, a bay window, outdoor shower and a shed dormer.
Ms. Butcher opened the hearing.
Architect Tracey Dillon was present and testified on behalf of the applicants.
Applicant Pam Piper was present and testified.
Applicant Anna Pearce was present and testified.
The following Exhibits were presented:
Applicant’s Exhibit 1: Site Plan Pam Piper & Anna Pierce Plat 11 Lot 43
Applicant’s Exhibit 2: Site Plan Detail for Pam Piper & Anna Pearce Plat 11, Lot 43
Applicant’s Exhibit 3: Elevations & Floor Plans A1-6 for Pam Piper & Anna Pearce Plat 11, Lot 43
Applicant’s Exhibit 4: Photographs P1-4 for Pam Piper & Anna Pearce Plat 11, Lot 43 (South, South East, East and North Elevations)
Ms. Dillon gave an overview of the request highlighting the applicants’ long term ties to the Island and speaking to the inadequate headspace the home as a hardship. The request for the bay window is to increase headspace and circulation in the upstairs in the home. There is an additional hardship with the structure being on a plateau surrounded by an existing dramatic grade limiting options for placement of outdoor shower. She also noted that the stairwell is extremely steep therefore limiting access and the habitable space on the second floor is currently limited.
Mr. Closter explored possibilities for an alternative placement of the outdoor shower.
John and Kelly Walters, abutters, spoke to concerns of privacy & a history of high traffic rental history. Mr. Walters requested that an agreement for privacy be written in to the decision. Ms. Butcher said she could not include private agreements between neighbors into a zoning decision.
Ms. Butcher made a motion to close the hearing and take the matter under advisement, Mr. Lamoureaux seconded the motion and the motion passed with a vote of 5-0. (Butcher, Lamoureaux, Bush, Stover, Cyronak)
3. Carol R. Tuschick Irrevocable Trust and Simkins, Beth. Plat 5, Lot 14. #445 Ocean Avenue. Application for a Variance from Sections 113(B)(1), 113(C)(1) and 313(C) for construction of an addition and front porch to a multi-family dwelling.
Mr. Lamoureaux recused on this matter.
At the applicant’s request, Ms. Butcher made a motion to continue to March 24, 2021. Ms. Bush seconded the motion and the motion passed with a vote of 5-0. (Butcher, Bush, Stover, Cyronak, Filippi)
4. Stack, Nina, Lawrence, Naomi Ruth and Lawrence, Chris Adeney. Plat 18, Lot 51. Fire #1540 Center Road. Application for a Variance from Sections 113(B)(1), 113(E)(1), 307(B)(1) and 307(D) for construction of an addition to a single family dwelling.
Nina Stack and Chris Adeney were present for the application.
Tracy Dillon, architect testified and gave an overview of the application.
Applicant Nina Stack testified on behalf of the application.
The following Exhibits were presented:
Applicant’s Exhibit 1: Site Plan for M. Alison Celico & Nina Stack dated July 8, 1998 Plat 18 Lot 51
Applicant’s Exhibit 2: Pictures P1-P5 Plat 18 Lot 51-2 (East, North, West and South)
Applicant’s Exhibit 3: Building Plans A1-A6 Nina Stack Plat 18, Lot 51-2 dated December 21, 2020
Ms. Butcher made a motion to close the hearing and take the matter under advisement, Ms. Bush seconded the motion and the motion passed with a vote of 5-0. (Butcher, Lamoureaux, Bush, Stover, Cyronak)
Decisions:
1. Town of New Shoreham. Plat 3, Lot 155. Andy’s Way, Off Corn Neck Road. Application for a Special Use Permit under Sections 306(E), 314(C), 318(D)(1)(A) and 415 and a Variance from 306(C) for construction of a new public shoreline access walkway at Andy’s Way.
Ms. Bush made a motion to approve the Application by the Town of New Shoreham, Plat 3, Lot 155 for a Special Use Permit under Sections 306(E), 314(C), 318(D)(1)(A) and 415 and a Variance from 306(C) for construction of a new public shoreline access walkway at Andy’s Way. The requested variance is dimensional and results from left, right, and rear setback issues associated with the location and central purpose of the walkway.
This decision is based on the following findings of fact:
1. Andy’s Way is located off Corn Neck Road, Plat 3, Lot 155 and is in a RA zone with Waterfront overlay.
2. The wood walkway will be approximately one hundred (100) feet long with a width of ten (10) feet. A clear walking width between the supporting pilings will be seven (7) feet, allowing the public to bring small boats across the coastal feature and onto the beach. The seven-foot width will allow access for emergency vehicles to the beach.
3. The Town Council-appointed Shoreline Access Working Group identified 43 shoreline access points on the island in a report submitted in December 2015. Six access points were deemed high priority. Andy’s Way was one of these six due to public popularity for activities such as clamming and sailing. The SAWG also recommended installing a wooden, walking ramp allowing access for emergency vehicles.
4. The construction documents submitted by the town as Exhibit 1 reflect these SAWG recommendations.
5. Maryanne Crawford, the Town Manager, testified that the walkway will allow persons with disabilities better access to the shoreline of the Great Salt Pond, and prevent further erosion of the coastal feature by foot traffic and dragging small boats over the vegetation. Ms. Crawford stated that the elevated walkway over the environmentally sensitive coastal feature will preserve the site and provide a safe shoreline access point.
6. Ms. Crawford further testified that the granting of the Special Use Permit and Variance is appropriate for the public walkway as the Zoning Ordinance under section 314 Coastal Zone, (B), Permitted Uses, (1) allows “pedestrian paths or travel ways for recreation and/or education use” provided there is no disturbance of dunes or vegetation.
7. Ms. Crawford testified that this public access walkway is in compliance with the policies of the CRMC.
8. Ms. Crawford pointed out that the Zoning Board had approved a similar application in November 1993 for Mosquito Beach.
9. Favorable advisories have been received from the Planning Board and Conservation Commission.
10. The proposed structure meets all standards for special use permits under Section 401 of the New Shoreham Zoning Code. It is appropriate for the subject site and compatible with adjacent buildings in form, placement and design and relates harmoniously to the terrain and other buildings in the vicinity and will not have an adverse effect on the established physical and visual pattern of land use nor on Island and neighborhood character nor any significant adverse effect on important natural resources, including surface water or groundwater, and will not cause a nuisance or serious hazard to pedestrians or landward or seaward vehicles and their users. It is also consistent with the purposes of the Zoning Ordinance, the underlying zoning district, and the Comprehensive Plan.
11. The proposal also meets the criteria for a dimensional variance in that the hardship sought to be avoided is more than a mere inconvenience, is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; is not due to a physical or economic disability of the applicant; is not the result of any prior action by the applicant and does not result primarily from the desire of the applicant to realize greater financial gain; will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or Comprehensive Plan. Subject to the Stipulation/Condition set forth below, the variance granted will be the least relief necessary to remove the hardship to the applicant.
This decision is subject to the following stipulation:
1. The structure shall be built in substantial conformance with construction plans submitted as Applicant’s Exhibit #1.
Motion was seconded by Robert Lamoureux and passed with a vote of 5-0. Members Kate Butcher, Robert Lamoureux, Susan Bush, Judith Cyronak, and Steven Filippi voted in favor of the motion.
2. Methia, Jason and Lindsey. Plat 9, Lot 75. Off Payne Road. Application for a Variance from Sections 113(C) and 306(C) for construction of a single family dwelling and an accessory structure.
Mr. Filippi made a motion to approve the Application by Methia, Jason and Lindsey. Plat 9, Lot 75 for a Variance from Sections 113(C) and 306(C) for construction of a single family dwelling and an accessory structure.
This decision is based on the following findings of fact:
1. The property is located in the RA Zone, and consists of 47,898 square feet and is small by current standards.
2. Based on existing steep grade conditions as described by the Applicant and shown on the proposed plan, there exists a hardship condition that is more than a mere inconvenience, and that is due to the unique characteristics of the subject land and not to the general characteristics of the surrounding area, or to a physical or economic disability of the applicant, and that is not the result of prior action by the applicant, or something resulting primarily from the desire of the applicant to realize greater financial gain.
3. The requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan upon which the Ordinance is based.
4. The single family dwelling is small by current standards.
5. The single family dwelling and accessory structure will result in building lot coverage 3.12%. 3% is permitted in the RA zone for a single family dwelling.
6. The applicant testified that the location of the proposed dwelling was chosen due to wetlands on the property.
7. The proposed construction is located entirely in a non-conforming area of the lot and prevents the construction in conformity with the zoning setbacks.
8. The relief granted hereby represents the least relief necessary to address the asserted hardship, which hardship amounts to more than a mere inconvenience under the unique circumstances presented.
This decision is subject to the following stipulation/conditions:
1. The proposed single family dwelling and accessory structure shall be located and built in strict conformance with the site plan and elevations that were submitted.
2. A building permit must be obtained prior to the start of construction.
Motion was seconded by Robert Lamoureux and passed with a vote of 5-0. Members Kate Butcher, Robert Lamoureux, Susan Bush, Judith Cyronak, and Steven Filippi voted in favor of the motion.
At the end of the public hearings the Board discussed applications taken under advisement for decisions. The Board reached a preliminary consensus on each and agreed that different members would draft motions for consideration by the Board at the next meeting for each application
Ms. Butcher moved to adjourn at 8:24 p.m. Ms. Bush seconded the motion. The motion passed unanimously.
Respectfully submitted,
Jennifer Brady
Land Use Administrative Officer
Town of New Shoreham
Jill Seppa
Administrative Assistant
Town of New Shoreham