Falmouth Zoning Board of Appeals DRAFT Minutes February 23, 2017 at 6:00 p.m. Selectmen s Meeting Room, Falmouth Town Hall

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1 Continuation: Falmouth Hospitality LLC, (556 Main Street, Falmouth) Voting Members: Kim Bielan, Ken Foreman, TJ Hurrie, Paul Murphy, TJH read the request for a continuation due to the lack of a quorum. moved to continue to March 9 at 6:30 p.m. TJ Hurrie seconded the motion. All in favor (Robert Dugan abstained) Falmouth ZBA Minutes from February 23, 2017 Page 1

2 moved to take the open meeting items out of order. TJ Hurrie seconded the motion. All in favor Open Meeting 1. Minutes: February 16, 2017 moved to approve the February 16 minutes. TJ Hurrie seconded the motion. All in favor 2. Board review and discuss Procedural Rules and Policies Tabled 3. Correspondence /Board Updates Kim Bielan noted that she and Sari taped a show about the ZBA on FCTV 4. Future Agenda Items Sari Budrow explained that Mark Bobrowski would like to meet with us in executive session at 5:45 p.m. on March 9 to discuss Wind 1. Although Ken Foreman is uncertain if he ll be at the meeting, they agreed to schedule it for now. The Board took a recess until 6:30 p.m. Falmouth ZBA Minutes from February 23, 2017 Page 2

3 Continuation: Gualtieri (45 Maple Street, Teaticket) Voting Members: Kim Bielan, Ken Foreman, Robert Dugan, TJ Hurrie,, TJ Hurrie read the record into the files and read the referrals Engineering Department standard comments Planning Board no comment Fire Department no comment Assessors Department Lots 82, 83 and 84 ConCom storm water concerns off of driveway Correspondence 2 letters of no objection Mark Anderson is representing the applicant and explained that they want to leave the footprint of the house as is. They will eliminate one bedroom and make one large master bedroom. They will increase the porch setback to 20. Will remove the rear sundeck and slider and replace it with a swing door to the outside. It will have a 66 front step and they are not changing that setback, but they are going from a concrete base to a wood base. The shed dormer in the rear will have two shed dormers. Sari Budrow This is pre-existing non-conforming due to the front setback being 13.4 and she suggested that they ask for as-built post-construction plans if the Board approves this special permit. Kim Bielan Lot coverage is 19.3%? Mark Anderson Yes, and it will be increased to 19.6% Kim Bielan Is the shed staying? Mark Anderson Yes Kim Bielan You are going from four to three bedrooms? Mark Anderson Yes Kim Bielan What will the total height be? Mark Anderson 24 Kim Bielan What will the driveway surface be? Mark Anderson It will remain paved Kim Bielan Is the basement finished? Mark Anderson Yes and that is not changing moved to close the hearing. Ken Foreman seconded the motion. All in favor Ken Foreman moved to approve. seconded the motion Findings: 1. No increase in front yard non-conformity 2. No increase in height 3. Decreasing the number of bedrooms 4. Leaving the footprint as is except for the porch 5. Remaining under 20% lot coverage Falmouth ZBA Minutes from February 23, 2017 Page 3

4 6. Shed is part of the lot coverage and will remain Conditions: 1. As per plans 2. Submit as-built post-construction plans for the setback of the porch All in favor Falmouth ZBA Minutes from February 23, 2017 Page 4

5 Public Hearing: Newport Ex., (460 Grand Avenue, Falmouth) Voting Members: Kim Bielan, Ken Foreman, Robert Dugan, TJ Hurrie,, TJ Hurrie read the record into the files and noted there are no referrals in the file Correspondence several letters in the file from the appellant s representatives, one from the Building Commissioner (current) and one from interim building commissioner Chris Lebherz explained that his client is an abutter and feels that improvements were made to this house that were not approved by the ZBA. There are here under due to the in-action of the building department when it was requested that they review what was happening. In 2011 the house was razed and rebuilt. They went over the lot coverage with the new building, and it was fixed via a special permit for lot coverage. The shed was denied by the ZBA, but they put one on the property. Condition #4 noted any deviation of the plan required it to be reviewed by the ZBA. In 2014 the house was sold to new owners. What exists now doesn t resemble what existed when they bought it. The small deck has been replaced with an expansive addition to the property and it dwarfs the plan that was approved by ZBA. What was open space is now closed with an 8-10 wall that also includes a hot tub, outdoor cooking area, shower and a pergola. The owner might call it landscaping but my client disagrees. The addition appears to be attached to the house. Retaining walls and fences that are over 6 tall are considered structures. Falmouth Engineering s 2016 plan shows 20.2% lot coverage and now the lot coverage appears to be 58% with structures, additions and parking areas. This exists and my client s mother was in the building department immediately once construction started but couldn t get through to people, perhaps due to the transition of commissioners at that time; however, she was not properly heard. Robert Dugan Were elevations submitted to the building department? Chris Lebherz To the wall but I don t believe there are plans for the specifics of the addition such as the kitchen, hot tub, etc. There was a notation that the fence will exceed 6. When my client looks out his window he sees a very large wall and that impacts his view. Kim Bielan Do we have the elevations? Sari Budrow No, we do not have building permits except for the wall. Elevation plans were submitted just for the house TJ Hurrie Regarding the wall, is the 2016 plan in pink? Chris Lebherz Yes Ken Foreman We are here to determine if this appeal is warranted? Chris Lebherz I asked the building department for enforcement and there was no action on my request Ken Foreman When was the building permit issued? Chris Lebherz The wall got one in Sari Budrow A stop work order was issues when the wall went over 4 Ken Foreman Complaints were made within 30 days of the start of construction Kim Bielan When was the request for enforcement sent? Chris Lebherz November 2 I met with Mr. Palmer two times and I was told he d look into it. They were seeking guidance from town counsel Robert Palmer (Falmouth Building Commissioner) explained that this happened prior to his employment, so his comments are his speculations as to what happened. A stop work order was issued on July 14, 2016 for the 4 retaining wall. We don t have a clear definition of a retaining wall in our bylaw. They probably didn t realize the height at the time this was reviewed. This wall was stamped by a structural engineer. We did talk with town counsel and we require asbuilt plans, which were received three or four weeks ago. On January 8, 2017 the plan was submitted to my office. Falmouth ZBA Minutes from February 23, 2017 Page 5

6 Kim Bielan Was a building permit issued for the changes? Robert Palmer Not that I am aware of. I have not issued any building permits for this property Kim Bielan Do you think a pergola is a structure? Robert Palmer I d have to look at it on a case-by-case basis Kim Bielan It was described as a lattice fence Sari Budrow Regarding the stairway from the second floor to the ground, there is a door with a new room? This had a special permit so wouldn t it require a modification to the special permit? Robert Palmer I believe the site plan we have now is less than 20.2%. If they veered from it then it should have gone back to this board Kim Bielan What enforcement/procedure would be required? Robert Palmer If the building permit was issued and they veered from it then a stop work order would be issued. This may have been allowed since it started as a landscape project. Perhaps the previous building commissioner didn t realize the scope. If I was there I would have done a stop work order Kim Bielan Once the retaining wall is over 4 it gets a building permit, and that wasn t triggered for them to come before us? Robert Palmer I wasn t here at that time Kim Bielan Do fences over 6 need a permit? Robert Palmer Yes Kim Bielan Pergolas are fuzzy? Robert Palmer Yes. A 10 x15 one wouldn t require a special permit. If it s 30 s.f. then it would Robert Dugan Do retaining walls have to be completely filled? Robert Palmer Not necessarily Chris Lebherz For clarification, if the wall was over 4 it would be a structure. In the pink area of the 2016 plan, more should be considered for the purpose of lot coverage? Robert Palmer I don t know what is up there since I wasn t invited to the property. I don t know what the engineer perceived as lot coverage Robert Hudson (homeowner) explained that his patio required a retaining wall. All the plans were shared with the town and part of the landscape architecture. We had a stop work order for three days from Mr. Brandolini and we started work with his permission. I ve submitted final as-built plans in January Robert Dugan When you purchased the property, why didn t you get a modification of the special permit? Robert Hudson I was not aware of the special permit. With the stairs we are under 20% Sari Budrow What year was the plan submitted? Robert Hudson March or April 2016 to ConCom and the Building Department Ken Foreman Is the hot tub build in or is it a stand alone? Robert Hudson Stand alone Ken Foreman What about the kitchen? Robert Hudson It is built into the back wall Ken Foreman Did you change the driveway surface? Robert Hudson It s pavers and cobblestones Robert Dugan On the plan where it says lawn, you have river rocks? Robert Hudson They are being stored there Kim Bielan We need to decide if there is merit to this appeal Ken Foreman I have questions on the timeline. July 14 the building permit was issued and it should have triggered a review of the special permit. Lot coverage is a concern for me. Falmouth ZBA Minutes from February 23, 2017 Page 6

7 TJ Hurrie I have questions on the lot coverage This should be included in the lot coverage Robert Dugan We need exact percentages of lot coverage for the stairway and driveway/parking Kim Bielan We can assume jurisdiction of this in the absence of a written decision. I need to look at the timeline for this. The addition of the stairs requires a special permit review. The size of the structure is a concern Sari Budrow You want to see all building permits for the exact timeline? Kim Bielan Yes, and we need a history of the lot coverage calculations. The shed was a big issue a few years back. The special permit was recorded in August 2012 Steven McKenzie referenced Brady vs. Board of Appeals in Westport. The permit was issued for a lattice fence. The wall is 10 x 36 and there is a pergola. I came up with over 58% lot coverage with parking, pavers and structure. The landscaping in front was removed for a parking area. Mr. Hudson should have known from the title about the special permit Kim Bielan It would be advantageous of the property owner to allow an engineer to survey the property Chris Lebherz This property is under a special permit and my client lost his view and light due to this structure. He noted that addresses his client s rights. Sari Budrow B moved to continue to April 13 at 6:30 p.m. Ken Foreman seconded the motion. All in favor Falmouth ZBA Minutes from February 23, 2017 Page 7

8 Public Hearing: Spiro (326 Maravista Avenue, Teaticket) Voting Members: Kim Bielan, Ken Foreman, Robert Dugan, TJ Hurrie,, TJ Hurrie read the file into the record and read the referrals Engineering standard comments and a comment on the driveway permit Fire Department no comment Planning Board no comment Assessors Department Lots 120 and 157 (??????) Board of Health on sewer Robert Spiro would like to expand the house. We are not adding a bathroom, just expanding one. We are on town sewer. The driveway permit goes along with the building permit Robert Dugan Are you removing one shed? Robert Spiro Yes TJ Hurrie What about storm water runoff? Robert Spiro I never had an issue, it stays on the property Kim Bielan You are going from one to two bedrooms? Robert Spiro Yes Kim Bielan Does this have a basement? Robert Spiro No, just a crawl space Kim Bielan Lot coverage is going from 30% to 28%? Robert Spiro Yes, the driveway won t be as long Kim Bielan Is the current height of the building 15.6? Robert Spiro The addition won t be higher than current height moved to close the hearing. Ken Foreman seconded the motion. All in favor moved to approve. Ken Foreman seconded the motion Findings: 1. Improvement to the utilization of the home 2. Removing one shed (the larger one) 3. No basement 4. Reducing total lot coverage 5. Height remains the same 6. Testimony that there are no issues with storm water runoff 7. Bedroom increase from one to two Conditions: 1. As per plans 2. Driveway permit % lot coverage is appropriate due to the size of the lot All in favor Falmouth ZBA Minutes from February 23, 2017 Page 8

9 Public Hearing: BCAS (1220 Nathan S. Ellis, East Falmouth) Voting Members: Kim Bielan, Ken Foreman, Robert Dugan, TJ Hurrie,, TJ Hurrie read the record into the file and read the referrals Engineering no comment Fire Department reviewed the list of events and no concerns Planning Board no comment Assessors Department no comment Marine Environmental Services no comment ConCom wetlands not impacted Wendy Brown is present and explained that she is here for their annual permit request for non-agricultural events. TJ Hurrie How did things go last year? Wendy Brown Well, we work closely with the police commissioner Kim Bielan Do you have any new events? Wendy Brown In June we are having a comedy fest and then an ALS event Ken Foreman moved to close the hearing. seconded the motion. All in favor moved to approve. Ken Foreman seconded the motion Kim Bielan asked Sari to make the same findings and conditions as in the past All in favor Adjourned at 8:30 p.m. Falmouth ZBA Minutes from February 23, 2017 Page 9

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