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Approved 06/06/15 ZBA meeting minutes

Meeting date: 
Thursday, June 4, 2015

Approved

Zoning Board of Appeals

Meeting Minutes

June 4, 2015 7:00 pm

Wellfleet Senior Center

Attendees: Chair Roger Putnam, Mick Lynch, Sharon Inger, Manny Heyliger, and Trevor Pontbriand

Regrets:  Bruce Drucker, Vern Jacob, William Nicholson, and Don Palladino

 

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

7:00 pm

  1. Amy and David Roberts, 1069 Browns Neck Road, Map 12, Parcel 272,Application for a Special Permit under WZB 5.3.1 for a private farm animal permit to keep no more than 12 chickens (no roosters).  The Board consisted of Roger Putnam, Mick Lynch, Manny Heyliger, Sharon Inger and Trever Pontbriand.  Ms. Roberts stated she made the run 12 feet for the chickens.  Joan Platt, abutter, wrote a letter of support for the petition.  The Board had no issues with the application.  Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
  1. This is an application for a Special Permit under WZB 5.3.1 for a private animal farm permit to keep no more than 12 chickens and no roosters.
  2. The property is located in the R District.
  3. The keeping of chickens in this District is permitted upon the granting of a Special Permit under WZB 5.3.1 and 8.4.2
  4. This use conforms to the objectives of the R District.
  5. There are no objections from abutters.
  6. After considering the District Objectives, as provided for in the WZB 3.2 and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefits of the proposal outweigh any adverse effects on the neighborhood.

Sharon Inger moved the Findings of Fact; seconded by Manny Heyliger, passed 5-0.

Roger Putnam moved to grant the Special Permit based on the Findings of Fact, subject to

the following conditions; seconded by Sharon Inger; passed 5-0.

  1. There will be no more than 12 chickens on the premises.
  2. There will be no roosters kept on the premises.
  3. The Special Permit is subject to Board of Health approval.

7:08 pm

 19-20  Frederick and Lauren Bromberg, 195 Samoset Ave., Map 28, Parcel 97:  Application for a Special    Permit under M.G.L.c.40A, s.6 and WZB 6.1 to demolish existing dwelling on a pre-existing, non-conforming lot and construct a new dwelling and 2) a Floodplain Exemption under WZB 6.13 and 6.14.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  Roger Putnam stated the Board of Health and the Conservation Commission have not approved the project and he feels that before any action is to be taken, the ZBA needs their approval.  Therefore, the Board agrees that the hearing be postponed.  Attorney Ben Zehnder stated he wanted to make a presentation.  Manny Heyliger stated the plan is incomplete and missing information.  The site plan does not show existing and proposed setbacks, or lot coverage.  The Board reconsidered and Attorney Zehnder gave a presentation, stating the current dwelling is 746 sq. ft. of floor area and the proposed dwelling will be 3,035 sq. feet plus a 583 sq. ft. deck.  He described the setbacks and where the increases to the house will be located.  The current lot coverage is 9.3% and will increase to 13.4%.  Plan D4 stated the ridge height will be 28’.  The septic system is an I/A system which is identified on the site plan.

Kevin Coady, abutter, expressed the following concerns

  • Feels application should be filed as a variance, not a special permit based on a court hearing regarding volumetric/increase in size.
  • The proposed dwelling will be 4 times as much living space.
  • The rear deck facing the water, (he referred to Drawing EX1) will be 12 x 24, not 10 x 24 as shown on the drawing.
  • The house depth will increase by 5 feet.
  • He expressed concerns with the location of the well; the reduction in potable water during the summer months, which run off the same vein; the increase in the number of bathrooms which will increase the water usage on the property and affecting abutters water, and there are problems with run off in the road.  (Board of Health issues)
  • He is concerned the sitting room and family rooms could easily be converted to additional sleeping areas or future bedrooms, due to the cellar having a full bath in the basement
  • The footprint of the dwelling will increase dramatically along the Zinn’s property and his property.
  • He questioned the height of the house and felt the basement should be included in the height.  He stated his view and other abutters would be hindered.   

Attorney Zehnder stated there is an increase in volume and the filing is appropriate.  He stated the previous owners could have put a deed restriction on the property regarding the volumetric increase.  He stated the Board of Health will make a decision on the well and water use.  He stated the Coady’s have maxed out on size and height on their property.  He stated every dirt road in Wellfleet has ruts and run off issues.

Jeff Zinn, immediate abutter on the south side, stated he agrees with Mr. Coady’s concerns and is concerned with the location of the septic system to his well as well as the increase in size of the dwelling.

Peter Hague, architect, made a presentation with a drawing identifying the proposed height.  He stated the decking will not change, and he stated the driveway will remain at the same grade.  He stated the existing grade is at 14’ and will be going up 12’.   He stated the decking is 12’, not 10’. David Sullivan, (not an abutter but as a citizen) asked what the frontage is on the road and was told everything is non-conforming other than one side lot line.  He stated he feels this is too large for the size of the lot.

Trevor Pontbriand requested the following for the Board’s review: existing and proposed certified site plans using a scale of 1” = 20’; all dimensions identified on the plan, including average existing grade; the trellises count as structure, and would therefore, have to be included as a structure and should be indicated if it is within the setback.  He requested an elevation difference with two sides of the proposed dwelling.  Identify the lot coverage on the site plan, making sure it is calculated using the upland (nothing below the high water line).  If the 2nd story deck is water tight, it would have to be included as lot coverage.  The other Board members stated their concern is the need for Board of Health and Conservation Commission approval.

Trevor Pontbriand moved for a  continuation to July 16, 2015; seconded by Manny Heyliger; passed 5-0.

Trevor Pontbriand moved to adjourn at 8:30 pm; seconded by Sharon Inger; passed 5-0.

Meeting Minutes  To be reviewed at next meeting

Business – no business items

Respectfully submitted;

 

Christine A. Bates, Committee Secretary