3/11/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - March 11, 1992 3. Design Review with revised landscape plans and explained that some of the landscaping was on Town land . Mr. Storrs discussed the fact that part of the septic system was within the Donna' s Lane taking and a license for use would be required. Attorney Ford, representing Cornish Associates, owner of the property, said that if Town Meeting did not approve use of the system it would be addressed at that time since the taking would have caused hardship. George Costa, Board of Health, confirmed that there was space to place a new septic system if it were required. Greg Taylor, DPW Director, said the State would be improving drainage and doing an over-lay on Route 28 . Mr. Storrs said he was working with Greg Taylor on improving drainage at the site. Mr. Makunas asked that overflow parking options be included on the site plans . Ms . Hawver read the legal notice on the Variances . Mr. Storrs stated that there was a hardship relating to all three issues ; 1 . 200 ' setback for access from an existing intersection, 2 . 40 ' setback for the building and 3. 50 ' buffer zone from Route 28. The existing conditions on the site, the building and paving and the size and shape of the lot would render the lot unusable without variances . Marie Scalley, a member of the audience, questioned why variances were necessary since the building had been there prior to zoning . Attorney Ford replied that recent case law (Rockwood vs. Town of Harwich) said that when considering alterations under a Special Permit that variances may be necessary if exisiting conditions do not conform to current zoning. Mr. Friel moved to grant the three Variances . Ms . Hawver seconded . All agreed. Mr. Makunas reviewed the issues on the Special Permit hearing -- the issue of traffic has been addressed by the fact that the entrance and exit has been moved, the slowdown lanes and left in will be conditioned by the state. Mr. Friel questioned if the Town would have any liability if Cornish Associates improved the section of Donna' s Lane to their property line and Mr. Ford responded that the Town would have to give permission to improve the road and sufficient bonding could be required to protect the Town. Mr. Makunas asked for a plan showing Donna' s Lane improved to the property line to Town standards showing curbing and Mr. Friel asked for a new landscaping plan.