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Approved 06/18/2015 ZBA Mtg Mins

Meeting date: 
Thursday, June 18, 2015

Approved

Zoning Board of Appeals

Meeting Minutes

June 18, 2015 7:00 pm

Wellfleet Senior Center

Attendees: Chair Roger Putnam, Mick Lynch, Sharon Inger, and Manny Heyliger, Bruce Drucker , Vern Jacob, Don Palladino and Trevor Pontbriand. 

Regrets:  William Nicholson

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

7:00 pm

15-21    Octavio Diaz, 46 E. Commercial St., Map 15, Parcel 77, Application for a Special Permit under WZB 6.1.5.4(b) for a volumetric increase on the second floor of a preexisting non-conforming structure.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Mick Lynch and Sharon Inger.  Steven Cook, builder and Mr. Diaz gave an overview of the project.  It is pre-existing nonconforming and the addition will be over the current sunroom and bedroom.  The Historic Committee has approved the project.  The proposed screened porch in the rear of the house will not be constructed; therefore, there will be no increase in footprint.  The height of the addition will be 27.5’.  Bruce Drucker moved for Findings of Fact; seconded by Mick Lynch; passed 5-0. 

  1. This is an application for a Special Permit under WZB 6.1.5.4 (b) for a volumetric increase by the addition of a second floor room that will add to the volumetric intrusion into the side yard setback.
  2. The property is located in the R1 District.
  3. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1850.
  4. The nonconformities include lot size, frontage, front and side setbacks.
  5. There will be a volumetric increase.
  6. There will be no change in use.
  7. There will be no increase in use.
  8. The use conforms to the objectives of the R1 District.
  9. There were no comments from abutters.
  10. The alteration and addition will not be more detrimental to the neighborhood than the existing nonconforming structure.
  11. The proposal is not a significant development.

Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed

5-0.      Bruce Drucker moved to grant the Special Permit based on the Findings of Fact with the condition that prior to the issuance of a building permit new plans be submitted showing the removal of the screened porch; seconded by Manny Heyliger; passed 5-0.

7:10 pm

15-22    Edwin A. Kotak, Jr., E Street, Map 40, Parcel 35, Application for a Special  Permit under WZB 6.1.5.2.b to add an addition on the south side of dwelling, a four foot wide entry deck and stairs to the south, a deck and stairs at the SE corner of dwelling, a narrow addition at the NW corner, a 5’ x 12’ portico at the north entrance as well as relocate existing bulkhead.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger and Mick Lynch.  Chet Lay represented the Kotak’s and gave an overview of the project, stating the proposed lot coverage will be 26.5 % with a 382 sq. ft addition.  There will be no increase in height.  Mr. Kotak stated they will be retiring at the house and this will allow the bedroom and bathroom to be enlarged.  Several members of the Board expressed concern with the further intrusion into the setbacks as well as the increase in lot coverage.  Chet Lay explained ¾ of the proposed addition will be on the existing deck in the back yard.  After further discussion, Roger Putnam moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.:

1.      This is an application for a Special Permit under 6.1.5.2(b) for an addition of a four foot wide entry deck and stairs on the south face, a narrow addition on the NAW corner, a 5’ x 12’ portico at the north entrance and relocation of the bulkhead.

2.      This is a lawfully pre-existing nonconforming lot, having been built in 1973.

3.      The nonconformities include lot size, frontage, front, side and rear setbacks.

4.      There will be an increase in lot coverage of 389 square feet or 6.10%

5.      There will be no increase in use.

6.      There will be no change in use.

7.      The structure is located in the R1 District and conforms to the uses allowed.

8.      There were no comments from abutters.

9.      The proposal is not a significant development.

10.  The alterations will not be substantially more detrimental to the neighborhood than the present nonconforming structure.

Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed

5-0.  Bruce Drucker moved to grant the Special Permit subject to the condition that prior to the issuance of a building permit new plans be submitted identifying the removal of the proposed 4 foot deck entry at the rear of the dwelling; seconded by Manny Heyliger; passed 5-0.   

         

7:30 pm

15-23    Marc F. and Joan L. Mahoney, 370 Eastwind Circle , Map 36, Parcel 221, Application for a Variance Request under WZB 5.4.4, 8.4.3 and M.G.L.c.40A, s. 10 to construct a new dwelling in excess of 28 feet in height.  The Board consisted of Roger Putnam, Bruce Drucker , Manny Heyliger, Mick Lynch and Sharon Inger.  Attorney Ben Zehnder represented the applicant.  Mark Mahoney and Bob Freeman, architect came to the table as well.  Attorney Zehnder stated the revised plans had reduced the structure’s height from the original proposal.  He gave a history of the property, the fact that the prefabricated house has already been built, is ready for delivery, the foundation was put in place, and there was no building permit issued.  The ridge height for the proposed dwelling would be 31.5’ where the original plan was for 35’ +.   He stated there will be no view of the walkout basement from the rear.  Attorney Zehnder stated this is a hardship to the applicant because they can’t build the house without a variance; or the foundation would have to be cut down, losing space in the basement; or the removal of the foundation and repouring of it which would require excavation and possibly the loss of trees on the lot.  Attorney Zehnder provided reasons he felt a variance could and should be granted.  He stated the existing condition were due toignorance of the building height bylaw.

Bruce Drucker stated the request for a variance should not be based on mistakes, but should be founded on the requirements of the bylaws and a condition of the land that is unique.  Letters of support and objection were read into the record.  Sibel Asantugrul stated no permits were issued at all.  The builder stated he was told to go ahead by the Building Inspector and he took the plans to the surveyors; however, he didn’t check the height numbers.  Carol Weiner, who lives across the street, stated they had to go by the bylaws and doesn’t feel a variance should be issued.  Ms. Woodberry, abutter, stated ignorance of the laws does not excuse anything.  Ms. Stewart, abutter, stated there are all different types of houses in the neighborhood and she doesn’t feel there should be any problem with the proposed dwelling and it would be more detrimental to remove the foundation or change the work, affecting wildlife. 

Mr. Mahoney stated they gave as much information as they could to the neighbors, and asked the neighbors and the Board to not have the foundation lowered.  He stated as soon as the mistake was found, action was taken immediately.  He stated they bought the property 25 years ago and wanted a sloping lot.  The Board had concerns with the elevations not being calculated properly and the error was not caught prior to the installation of the foundation.  Bruce Drucker stated the zoning bylaws go through an extensive process, being approved by several boards in town and at town meeting by a super majority, then are forwarded to the Attorney General for review and approval.  The height bylaw of 28 feet has been in Wellfleet since 1970 and conditions must be met.      After further discussion and statements from Attorney Zehnder, at 8:30 pm Attorney Zehnder requested a five minute break to have a discussion with his clients.  Roger Putnam granted the request.    

The meeting was reopened and resumed at 8:35 pm.  Attorney Ben Zehnder requested the application be withdrawn without prejudice.  Bruce Drucker moved to allow the application be withdrawn without prejudice; seconded by Manny Heyliger; passed 5-0.                  

Business

Meeting Minutes

Sharon Inger moved to approve the amended 05/21/15 meeting minutes; seconded by Bruce Drucker ; passed 5-0.

Sharon Inger moved to approve the amended 06/04/15 meeting minutes; seconded by Mick Lynch; passed 5-0.

Sharon Inger moved to adjourn at 8:45 pm; seconded by Manny Heyliger; passed 5-0.

Respectfully submitted,

Christine A. Bates