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Approved 05/21/15 ZBA meeting minutes

Meeting date: 
Thursday, May 21, 2015

Approved

Wellfleet Zoning Board of Appeals

Meeting Minutes

May 21, 2015, 7:00 pm

Wellfleet COA

Attendees: Chair Roger Putnam, Bruce Drucker, Sharon Inger, Vern Jacob and Trevor Pontbriand

Regrets:  Manny Heyliger, Mick Lynch and Nick Nicholson

Acting Chair Roger Putnam called the meeting to order at 7:00 pm.

7:00 pm

15-14    Cynthia & John Lasker, 185 Main Street, Map 15, Parcel 71, Application for a Special Permit under WZB 6.1.5; 5.4.2;, and 5. 4.3 to construct an addition on the left side of the existing dwelling to serve as a new kitchen and living area. (Cont’d).  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Don Palladino and Trevor Pontbriand.  Attorney Ben Zehnder stated there are two sets of plans provided A) with the addition to the rear of the house (for informational purposes) and B) a new addition on the westerly side of the dwelling.  He stated the applicant does not want to make the addition on the back and have scaled back the original plan which Mr. Zehnder feels it is more appropriate and more consistent with the look of Main St.  Mr. Zehnder stated the addition on the back would look massive being approximately 26 feet in height.  Mr. Zehnder stated the B proposal allows over a 20 foot view from the road and is in keeping with the other dwellings in the neighborhood.  Mrs. Lasker stated the new floor plan would enhance the living for multi-generations and the house has been in the family since 1917.  Dottie Dolan, abutter, read a letter of support for the project.  Linda Brown, abutter, and Octavia Diaz, abutter on Commercial St. e-mailed letters of support for the project.  The son of Mr. and Mrs. Lasker provided additional material identifying the changes made from the original plans, identifying the square footage, lot coverage, distance to property lines and reasons why the side additional is more favorable than a rear addition.  The Board discussed the pros and cons of the project, some felt it would not be more detrimental to the neighborhood and that the addition to the back of the house wasn’t the best option.  They reviewed the non-conformities on the property¸ the already congested neighborhood¸ and the purpose of the bylaws.  Roger Putnam moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.     

  1. This is an application for a Special Permit under WZB 6.1.5; 5.4.2; and 5. 4.3 to construct per site plan option 1 revised May 12, 2015 an addition of 288 ft.² on the west side of the existing dwelling to serve as a proposed family room  and dining room and also to construct a deck on the west side of the existing dwelling.(Coastal Land Design drawings B1.5-B1.9 dated 5/11/15 & Site Plan Option 1 Revised 5/12/15)
  2. The dwelling is in the R1 district & is a lawfully pre-existing, nonconforming lot & structure constructed in 1950.
  3. The existing non-conformities are inadequate lot area , intrusion into the front setback, intrusion into the east setback  and inadequate frontage
  4. The Board has made a site inspection of the property and has reviewed the original & revised plans and drawings for the proposed addition to.
  5. The proposed Project increases the footprint of the dwelling from 882 ft.² to 1243 ft.², there would be a further longitudinal intrusion into the front setback; there would be an approximate 5’4” feet of intrusion into the west side setback into which there is currently no intrusion; and, the building lot coverage would increase from 10.2% to 13.5% which is within the allowable lot coverage.
  6. There was no objection from abutters and several abutters and neighbors spoke and wrote in favor of the project.
  7. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
  8. The Board finds that the proposed alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.

Trevor Pontbriand moved to approve the Findings of Fact; seconded by Sharon Inger; passed 4-1.  Don Palladino moved to grant the Special Permit based on the Findings of Fact; seconded by Trevor Pontbriand; passed 4-1.

7:45

15-17    Edward and Diane Bedrosian, 100 Kendrick Ave., Map 20, Parcel 8:  Application for Exemption, Flood Hazard District Regulations (WZB 6.14) to build a screened porch some of which is over an existing deck and to build a free standing outside.  The Board consisted of Roger Putnam, Don Palladino, Sharon Inger, Trevor Pontbriand, and Bruce Drucker.  Eric Winslow represented the applicant and gave an overview of the construction of the deck and the outside shower.  He stated the Conservation Commission approved the project.  The Board had no problems with the project.  Trevor Pontbriand moved for Findings of Fact; seconded by Bruce Drucker , passed 5-0.

1.      This is an application for an exemption, Flood Hazard District Regulation WZB 6.14 to build a screened porch over an existing deck and also build a free standing outside shower.

2.      This is a lawfully existing structure within the Flood Hazard District.

3.      The exemption will not result in any increased flood heights.

4.      The exemption will not result in any additional threats to public safety.

5.      Both the porch and shower are in the lee of any wave action in Wellfleet Harbor.

6.      This exemption will not be more detrimental to the neighborhood, than the existing condominium.

7.      Condominium approval has been granted.

8.      Conservation Commission approval was granted on 05/20/15.

Bruce Drucker moved to approve the Findings of Fact, as amended; seconded by Sharon Inger; passed 5-0.  Roger Putnam  moved to approve the Flood Hazard District Regulation based on Findings of Fact; seconded by Sharon Inger; passed 5-0.; 

7:50 pm

15-18    Warren and Susan Keyes, 270 Main Street, Map 15, Parcel 48:  Application for a Special Permit under WZB 6.1.5.1.b and 8.4.2 and M.G.L.c.40A., s.6 to add two dormers and an addition to the second floor of the structure.   The Board consisted of Roger Putlnam, Bruce Drucker , Sharon Inger, Vern Jacob and Trevor Pontbriand.  Sara Truano Flores, Attorney for the Keyes, gave an overview of the property.  She reviewed the plans provided by Ambrose Homes and site plan by Slade Associates.  The same foundation will be used and the addition is to the second floor with dormers and a small addition.  This is a volumetric increase.  She identified the non-conformities to the lot as well as dwelling.  The lot coverage is 746 s.f. which is 15.34% and there will be no visual change from the road.  A new septic system and well will be installed.  Roger Putnam disclosed he is a friend of Michael Parlante, but has no financial interest in the project.  There is an easement for access.  There has been no review by the Historical Committee and Fred Ambrose, contractor, will follow up.    Bruce Drucker moved for Findings of Fact; seconded by Vern Jacob; passed 5-0.

1.        This is an application for a Special Permit under WZB 6.1.5.4 and 8.4.2 and MGL c40A.s6 to add two dormers and an addition to the second floor of the structure.

2.     T he dwelling is a lawfully pre-existing building in the Central District having been first built in 1933.

3.           The non-conformities are the side setbacks and lot size.

4.           The building is in the Central District and will meet the objectives of the central District.

5.            There will be a volumetric increase of 12%.

6.            There will be no increase in lot coverage.

7.            The building will be reconstructed on the current footprint.

8.             There will be no further intrusion into the setbacks.

9.             There will be no change in use.

10.         There will be no increase in use.

11.          There is no objection from abutters.

12.         The alterations will be an improvement to the neighborhood, and save an existing      structure of historic value.

13.         Public and private views have been respected.

14.         The proposal is not a significant development.

Sharon Inger moved to approve the amended Findings of Fact; seconded by Bruce Drucker ; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded Sharon Inger; passed 5-0.

Meeting Minutes

Bruce Drucker moved to approve the amended 05/04/15 meeting minutes; seconded by Roger Putnam; passed 6-0.

Business

Bruce Drucker moved to elect Roger Putnam as Chair of the ZBA; seconded by Sharon Inger; passed 6-0.  Roger Putnam moved to elect Bruce Drucker for Vice Chair; seconded by Trevor Pontbriand; passed 6-0.  Roger Putnam nominated Sharon Inger as Clerk; seconded by Bruce Drucker ; passed 6-0.

Sharon Inger moved to adjourn at 8:30 pm; seconded by Bruce Drucker ; passed 6-0.

Respectfully submitted;

Christine A. Bates, Committee Secretary