Zoning Board of Appeals Decisions Decisions

Zoning Board of Appeals Decisions Decisions for: 02-19-2008
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LOCATION OF PROPERTY: Lot 111 Sorrel Circle, East Falmouth, MA
Map 16, Section 02, Parcel 008, Lot 111

Under a date of November 5, 2007 the Applicant applied to the Zoning Board of Appeals for a Modification of Use Variance #118-93 pursuant to Section 240-204 B. of the Code of Falmouth to revise wildlife and vegetation conservancy area on a 67,412 square foot parcel located at 0 Sorrel Circle (known as Map 16, Section 02, Parcel 008, Lot 111), East Falmouth, Massachusetts.

A public hearing was held on December 12, 2007 and continued to February 7, 2008. Notice was duly given as required by Section 11, Chapter 40A, M.G.L., as well as notices sent to all persons deemed to be affected thereby as they appear on the tax list, and at which hearing all parties desiring to be heard were heard.

Board Members sitting: Acting Chairman Kenneth Swartz, Acting Vice Chairman Dennis Murphy and Clerk Patricia Favulli

Clerk Favulli read the Notice of Public Hearing into the record.

Clerk Favulli read a letter into the record from the applicant’s representative, Thomas Bunker of BSS Design, requesting a continuation as they are in the process of revising the plan.

Member Favulli made a motion to continue the hearing to February 12, 2008 at 6:00 PM. Member Murphy seconded the motion.

Board voted to 3 – 0 to Grant a continuation to December 12, 2008 at 6:00 PM.

Continuation: February 7, 2008 – 6:00 PM
#77-07, Antranig Minasian
0 Sorrel Circle, East Falmouth, MA
Map 16, Section 02, Parcel 008, Lot 111

Thomas Bunker with BSS Design is present on behalf of the applicant/owner to discuss the request to relocate a portion of the wildlife buffer as defined in the approved Use Variance, # 118-93, for some properties within Ballymeade.

Mr. Bunker explained to the Board that the applicant/owner would like to open up a 40’ access way on his property located on Sorrel Circle which would require the relocation of some of the wildlife buffer that surrounds said property. Mr. Bunker showed on the plans where the buffer would be relocated to. He stated that the applicant owns the abutting piece of property, which is not part of Ballymeade Association, and is trying to be able to access said abutting property. He noted that both lots are vacant.

Clerk Favulli read the referrals from Town Departments into the record.

Clerk Favulli read a letter from the Ballymeade Homeowner’s Association into the record. Letter stated the Association has not approved and that it would take 75% of the Association to approve any changes. (See file for letter.)

Clerk Favulli noted letters of opposition from Henry Baxter of 112 Farm Ridge Road, James Markowsky of 46 Summit Lane, Myrna Schultz of 87 Hill and Plain Road and Joe and Sandra Kidd of Sorrel Circle.

Clerk Favulli noted letter from Attorney Ed Kirk who is representing Ballymeade Association. (See file for letter.)

Members asked questions of the applicant’s representative and the intent of the relocation of the buffer. Mr. Bunker stated that the intent is to be able to access his abutting lot that is a 5.5 acre parcel.

Chairman Swartz asked if anyone present would like to speak in favor or opposition to proposed.

Marilyn Rando of 99 Hill and Plain Road spoke in opposition. She stated that her property that she purchased for $1 Million enjoys the view of the woods which is the property the applicant owns.

Attorney Ed Kirk representing Ballymeade Association spoke in opposition citing that the proposed modification does not meet the criteria of a Variance. And further stated that the Association will not give the applicant rights to the roads of Ballymeade to access the property abutting the subject property.

Mr. Minasian, applicant/owner, explained to the Board issues he has encountered with trying to get access to his property and stated that the land was subdivided in 1843 and he can force a building permit if necessary. He stated other issues of abutting property.

Member Favulli asked if he had discussed plans with abutters and Association. Mr. Minasian stated he has but they have issues.

Mr. Minasian asked to be allowed to withdraw the application at this point. Member Favulli asked if he would like to withdraw the application without prejudice. Mr. Minasian stated yes.

Mr. Minasian asked to allow the application to be withdrawn without prejudice.

Member Murphy made a motion to allow the application to be withdrawn without prejudice. Member Favulli seconded the motion.

Motion carried 3 – 0.

Decision of the Falmouth Zoning Board of Appeals Continued:

Special Permit Number: 77-07

Page Number: 3 of 3


Subject Address: 0 Sorrel Circle, East Falmouth, Massachusetts
Map 16, Section 02, Parcel 008, Lot 111

Action: The Board of Appeals, by their signatures below, being all present, voted as follows for the above referenced:

Vote: 3 – 0 to Grant the Withdrawal of Application #77-07 to be Without Prejudice as requested by the Applicant.

__________________________________ _______________________________
Chairman Kenneth Swartz Date Filed With Town Clerk

Vice Chairman Dennis Murphy

Clerk Patricia Favulli

Notice is hereby given that any appeal from this Decision shall be made pursuant to Section 17 of M.G.L. Chapter 40A, and shall be filed within twenty (20) days after the date of filing of this Decision in the office of the Town Clerk.

#77-07/Minasian/0 Sorrel Circle, E. Falmouth/Original Filed w/Town Clerk