1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

Home Browse Search

BOARD OF APPEALS Minutes - May 24, 1989 Page 4. Mr. Halpern explained that the Building Inspector had made a determination to issue a building permit and then the stop work order. Mr. Burtis was advised to apply to the Board of Appeals for a Special Permit. Mr. Halpern explained that under Massachusetts law the Board of Appeals notifies abutters by regular mail and notices had been sent for this hearing. Ms. Driscoll said she had never received a notice of the hearing. She also said Mr. Burtis had never reviewed the plans with her. She showed pictures taken from her deck. She stated that the building is not the same as applied for and is not in conformity with the rest of the housing in the area. Ms. Perry questioned the parking spaces and said she understood they were required to have one parking space for each boat whether it was in the water or in storage. She requested a parking plan. Cobb Burtis reviewed the plans and said there was space for that many cars. Mr. Hanrahan requested Mr. Burtis to provide a parking plan. Ms. Driscoll asked how far the building was from the lot line. Mr. Hanrahan stated that the plans indicated 20 feet. 'Mr. Boyd said the current by-laws require 40 feet but this lot would have grandfathered • protection at 25 feet or no more than adjoining properties. He said the characteristic set -backs in the area were very close to the road. Jonathan Burtis commented that the majority of the boat yards on the Cape are in residential zones and he thought they increased property value. An unidentified member of the audience replied that this would not be known until they have a new sale in the area. Ms. Driscoll commented that 80% of the cottages demolished were not habitable. Mr. Hanrahan asked if she had been in all of them. She replied that she had seen one of them. Jean Marsh and Don Gessner each stated that they had rented from Mr. Burtis and that the cottages were habitable. Mary Burtis said she was responsible for the rentals and all but one cottage was rented for the season last year at an annual rent of $2,200. She said tenants were primarily young people. Ms. Perry commented that she was concerned about fire hazard. She said Pier 37 in Falmouth had a fire and 7 to 9 boats were damaged. She had concern that some of the houses are only 50 feet away and that a fire might jump the trees and cause the entire island to burn. Mr. Hanrahan asked if she considered the boat rack more of a • hazard than the old cottages.