HomeMy WebLinkAbout0531 OLD CRAIGVILLE ROAD - Health (3) 531 Old Craigvi_l le _Rd.j
Centerville`I Z,Z- - --pp�
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Town of Barnstable
Zoning Board of Appeals
Special Permit
Decision and Notice
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Appeal : #1990-66
Applicant: : A Vi an H. Goroll '
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At a regularly scheduled hearing of the Zoning Board of
Appeals, held on November 29, 1990, and continued from the
hearing of October 25, 1990, notice of which was duly
published in the Barnstable Patriot, and notice of which was
forwarded to all interested parties pursuant Massachusetts
General Law (MGL) Chapter 40A, the applicant, Allan H. Goroll ,
has appealed to the Zoning Board of Appeals for a Special
Permit under Section 4-4.2 of the Town of Barnstable Zoning
Ordinance, for extension of a Non-Conforming Structure by
constructing a second floor addition to an existing
residential structure.
The applicant's property, located on Assessor's 'Map 226 Parcel
102- 1 , more, commonly known as 533 Old Craigville Road,
Centerville, MA, is zoned RB, Residence B Zoning District.
The appeal was heard by the following Board members; Ron
Jansson, Bruce Burlingame, Betty Nilsson, Chairman Lally. and
Richard Boy..
Summary of Evidence:
The following materials were submitted to the Zoning Board of
Appeals File ##1990-66:
1 . Application for a Special Permit time stamped Town Clerk's
Office September 11 , 1990 and inclusive of List of
Abutters , location map, site plan and architectural
layout;
2. List of abutting property owners within 300 feet as per
MGL Ch.40A, signed Robert D. Whitty, Director of Assessing
and dated October 05, 1990;
3. Copy of Commonwealth of Massachusetts "Determination of
Applicability Massachusetts Wetlands Protection Act G.L.
c. 131 & 140
4. Department of Planning and Development Staff Report, dated
October 19, . 1990;
5. A letter from the Conservation Commission to the Zoning
Board of Appeals dated October 25, 1990;
6. A copy of a letter from the Board of Health to Alan Goroll
dated October 30, 1990, revoking .Disposal Works '
Construction Permit ##90-282; '
7. A letter from the Conservation Commission to the Zoning
Board of Appeals dated November 01 , 1990;
8. A copy of a letter from the Board of Health to Allan
Goroll dated November 22, 1990, granting a variance to
Board of Health 100 foot regulation with conditions; and
9. A Memorandum from the Director of Board of Health to the
Planning Director date stamped November 29, 1990.
Greg Taylor of Taylor Design and Herb Cahoon represented the
petitioner irf�this appeal . The representatives described the
Non-Conforming nature of the structures. It was confirmed
that the principal structure is used as a principal year-round
home and the cottage is seasonal in use.
The petition has been approved by the Board of Health and
Conservation Commission.
Greg Taylor of Taylor Design gave a brief summary to the Board
on plans to upgraded the septic system which now is eighty
feet (80) away from the wetland and has two (2) building
foundations between it and the wetland. The petitioner would
like to change one bedroom measuring approximately 8' X 10' to
the second floor, because it does not offer enough space to be ,
used as a bedroom. The old bedroom area on the first floor
would be used to construct stairs to the second floor and all
construction would be within the existing footprint of the
building. The 360 sq.ft. addition would be on the second
"attic" level .
No one spoke in favor or in opposition to this petition.
Findings of Fact:
Based on the information presented, the Zoning Board of
Appeals made the following findings of fact:
1 . The petitioner has obtained Board of Health approval of
the septic system;
2. The property is a pre-existing non-conforming use, in
that there are two dwellings located on the property;
and
3. In view of repairs made to the septic system, the
addition as proposed will not be substantially
detrimental or more objectionable to the neighborhood
effected.
AYES: LALLY, JANSSON, BURLINGAME, NILSSON.
NAYS: NONE.
Decision:
Based on the information presented and the findings of fact,
at the meeting of November 29, 1990, a motion duly made and
seconded, the Zoning Board of Appeals voted to grant the
relief sought in Appeal No. 1990-66 subject to the following
terms and conditions:
1 . The repairs been done pursuant to the plans submitted
to the Zoning Board of Appeals;
2. The applicant comply with all Regulations imposed upon
,him in the Variance granted by the Board of Health
,dated November 22, 19,90, �and that at all times will be
maintained in. compliance with all aspects of Title V
(five); and
(3. The petitioner bear responsibility of having- the septic
ksystem pumped out at minimum once every two years by a
certified licensed agency and that proof of such be
'delivered to the Board .of Health on the second annual
occurrence of the granting of this permit.
AYES: LALLY, JANSSON, BURLINGAME,. NILSSON.,
NAYS: NONE.
THIS PETITION IS GRANTED.
TOWN OF BARNSTABLE
y�f THE
re �oo OFFICE OF
Haaa9TeHL BOARD OF HEALTH
� r�sd
0o i639 gee 367 MAIN STREET
NO k HYANNIS, MASS.02601
November 22, 1990
Allan Goroll
37 Summer Street
Weston, Ma 02193
Dear Dr. Goroll:
You are granted a variance from the Town of Barnstable Board of Health "100" feet
regulation. The variance will allow you to install a replacement onsite sewage disposal
system at 531/533 Old Craigville Road, West Hyannisport, 80 feet from the edge of the
wetland with the following conditions:
(1) The septic system must be installed in strict accordance to the submitted plan dated
June 8, 1990.
(2) The existing cesspool must be disconnected and removed or collapsed and filled in.
(3) The designing engineer, Gregory Taylor, must be onsite and supervise construction
of the sewage disposal system and certify in writing to the Board that his design has
been strictly adhered to.
(4) The "cottage" cannot have more than two (2) bedrooms. Sewing rooms, dens, sleeping
lofts, enclosed porches, study rooms, and similar type rooms are considered bedrooms
according to the Department of Environmental Protection.
(5) The dwellings shall be connected to Town water.
This variance is granted because the existing cesspool is located within fifteen feet of
the edge of a wetland. The proposed replacement system may alleviate a source of pollution
to Red Lily Pond. Also the applicant proposed to construct an addition to the cottage,
however, the total number of bedrooms will not change. Therefore, there will be no increase
in the sewage flow rate from this cottage.
Please be advised that the letter dated October 30, 1990 concerning revocation to your
Disposal Works Construction Permit #90-282 is now hereby recinded due to the granting
of this variance.
Very truly yours,
Ann Jane shbaugh
Chairman
BOARD OF HEALTH
TOWN OF BARNSTABLE
AJE/bcs
copy: Gregory Taylor
Zoning Board of Appeals
OFTHET TOWN OF BARNSTABLE
e OFFICE OF
BeaAM
M s BOARD OF HEALTH.
.� MS p ..
°°ems 1639- `em 367 MAIN STREET
'FD MPY k'
HYANNIS, MASS.02601
October.30, 1990
Alan Goroll, M.D.
37 Summer Street
Weston, MA 02193
Dear Dr. Goroll:
The Disposal Works Construction Permit #90-282 for your property at 531 Old Craigville
Road, Centerville, is revoked due to the following reasons:
(1) The proposed leaching facility, septic tank, and pump chamber are, located within
100 feet of the edge of a wetland. The applicant has not requested a variance
from the Town of Barnstable Board of Health "100 Feet" Regulation.
(2) Health Inspector, Paul Lander, stated that the Application for Disposal Works
Construction Permit for a "repair" was submitted without any engineered plans
and was approved. Plans were later submitted which did not meet the Town of
Barnstable Board of Health "100 Feet" Regulation.
(3) Recent discussions with the Conservation Administrator and a Town Planner revealed
that an addition is now proposed to the cottage in addition to the application made
for a permit to "Repair" the onsite sewage disposal system. The term "repair"
is only used when a septic system has failed, it is not to be used for a proposed
septic system upgrade in order to accommodate an addition.
For these reasons, the Disposal Works Construction Permit #90-282 for ..your property
at 531 Old Craigville Road, Centerville, is hereby revoked.
PER ORDER/ OF THE BOARD OF HEALTH
Thomas A. McKean�—
Director of Public Health
Town of Barnstable
TM/bcs
copy: Zoning Board of Appeals
For office use only
TOWN OF BARNSTABLE ���'
yoFTHE Received by 71
w
�Q o OFFICE OF
_ BOARD OF HEALTH Date
DA
. MST"L
MU& NN 2 7
i639' `gym 367 MAIN STREET
MpY k HYANNIS, MASS.02601
VARIANCE REQUEST FORM
All variance requests must be submitted fifteen (15) days prior
to the scheduled Board of Health Meeting.
NAME OF APPLICANT &L.Ai( L TEL.IF j�-1-7
ADDRESS OF APPLICANT `✓-7 S V t-7T-?&R 45;#-� Lf)`E STb K MIS . 2 1453
NAME OF OWNER OF PROPERTY T-77 A L LA H v`C14 v L L
5UBDiVIISION NAME DATE APPROVED
ASSESSORS MAP & PARCEL NUMBER ,22& 107 - LOT. SIZE ?Z) �K 1 18/1 So
LOCATION OF REQUEST 531 A3S bLD ��Ai6,V1+-L��.� (2,�`7'h��tj���i
VARIANCE FROM REGULATION (List Regulation) L F 5 S
r L D R oE-7 E-V!i
REASON FOR VARIANCE (May attach letter if more space is needed)
lI '
.�', kT27APa ��15i(04-
PLAN - TWO COPIES OF PLAN MUST BE SUBMITTED CLEARLY OUTLINING
VARIANCE REQUEST.
VARIANCE APPROVED
NOT APPROVED
REASON FOR DISAPROVAL
o
Ann Jane Eshbaugh, Chairman
Susan G. Rask
Joseph C. Snow, M.D.
BOARD OF HEALTH
TOWN OF BARNSTABLE
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