Eastham ZBA grants permit for 11 Bay Lane rebuild despite neighbors' view objections

The Eastham Zoning Board of Appeals on June 4 granted a special permit to homeowners seeking to demolish and rebuild a house at 11 Bay Lane, concluding that the revised design and proposed mitigation measures would not be “substantially more detrimental” to the neighborhood than the existing structure, though several neighbors objected that the project would remove a limited ocean view.

The board read and approved the findings of fact and a set of standard conditions (including limits on exterior lighting, building‑department plan review and a six‑foot perimeter vegetation requirement) and then voted to grant the special permit. The vote on the findings was recorded as 4‑0 in favor after the board sat four members for the case due to a conflict.

Attorney Jack Hearnden, representing neighbors, said the project still intensifies nonconforming setbacks — especially on the north side — and warned that the additional encroachment would set a precedent that could erode the neighborhood’s staggered view corridors. “If this is permitted as is tonight, 12 Bay Lane will become the first house on the street to lose a view of the ocean,” Hearnden said.

Neighbor Dan Roarba, of 12 Bay Lane, told the board the proposal adds about 5 feet of building encroachment toward the north and several feet of deck, which he said would create a 5‑ft‑wide, 30‑ft long visual barrier and “completely eliminate” the limited ocean view he and his wife now enjoy from a second‑floor deck.

Applicants’ counsel (appearing as Ben Xander) said project edits were made specifically to reduce impacts: a south‑side bump‑out and deck were removed, a French door was replaced with a window, south‑facing dining areas and decking were reduced, and landscaping plans were submitted to remove invasive species and plant native shrubs and trees. Blue Flax Design’s Terresa Sprag described a vegetation plan that removes Asiatic bittersweet and honeysuckle, retains existing black cherry and certain cedars in place, and proposes Amelanchier (serviceberry) plantings in smaller container sizes (3–7 gallon) so they establish at 3–4 ft and — in coastal exposure — typically top out nearer 8–10 ft rather than larger inland maxima.

Board members pressed whether plant species, mature heights and maintenance could be enforced by the ZBA. Staff and several board members said landscaping choices and plant swaps in resource areas are typically reviewed and enforced by the conservation commission or the planning board’s site plan review, limiting the ZBA’s ability to impose long‑term vegetation height caps in the resource area. The approved ZBA conditions nevertheless require the applicant to maintain a six‑foot perimeter vegetation buffer per the town bylaw and to implement the submitted landscape plan.

The board’s written findings list specific dimension changes and note that proposed site coverage remains within the 20% maximum for the district. The record shows three parties appeared in opposition at the hearing and the board received two letters in favor and two letters in opposition.

What’s next: the applicant must obtain required permits from the Eastham building department, verify septic and bedroom counts with the health department, and comply with any conservation commission orders related to work in the coastal bank area. The ZBA’s conditions require filing the special permit decision with the Barnstable County Registry of Deeds before a permit is issued.