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Approved ZBA Mtg Mine

Meeting date: 
Thursday, December 3, 2015

Approved

 

Zoning Board of Appeals

Meeting Minutes

December 3, 2015 7:00 pm

Wellfleet Senior Center

Attendees: Chair Roger Putnam, Mick Lynch, Sharon Inger, Manny Heyliger and Don Palladino.    

Regrets:  Vern Jacob, Bruce Drucker and Trevor Pontbriand

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

7:00 pm

  1. Sylvia E. Freed, 46 Pocahontus Rd., Map 28, Parcel 150:  Application for a Special Permit under WZB 6.1.5.1b to remove existing deck and dwelling and rebuild dwelling with decks, increasing lot coverage from 10.4% to 17.3% and increasing the dwelling from 1,248 gross sq. ft. to 1,770 gross sq. ft.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Don Palladino.  Jay Horowitz represented the applicant.  Mr. Horowitz explained that there is no bathroom on the first floor and Mike Bassichis, a resident of the dwelling, has disabilities which make it very difficult to go up the stairs to the current bathroom.  The building is 26 feet wide and the addition will be towards the street maintaining the side setbacks and maintaining the front setback.  A proper entry and stairway will be on the proposed main floor.  The additional will be 140 sq. ft. over the allowable 15%  lot coverage.  He stated the proposal won’t interfere with privacy of the abutters and will be a welcome improvement to the area.  Letters of support were read into the record from A. Vulliet, C. Carter, A. Vulliet and R. Laposta and K. Kaminski.  Mr. McPherson, abutter, read a letter objecting to the project.  Sandy Wonders, abutter, stated she supported the project. Mr. Bassichis read a letter describing the project and the features to accommodate his disability and to also respond to the concerns of Mr. McPherson’s.   The height of the house will be 21’6” and not have a pitched roof.  Mr. McPherson questioned the size of the proposed addition, and stated the value of the homes will be reduced and he feels the privacy issue is valid.  Mr. Bassichis stated they have rented the current dwelling in the past but plan to live there year round in the future.  Don Palladino moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0
  1. This is an application for a Special Permit to allow reconstruction of a pre-existing non-conforming structure into a non-conforming structure under WZB 6.1..5.1b.
  2. The structure is a lawfully pre-existing structure, having been built in 1955 according to Assessor’s records.
  3. The existing non-conformities are lot area both side yard setbacks and the rear yard setback.
  4. The lot has an area of 5,985 square feet.
  5. Present lot coverage is 10.4% of which would increase to 17.3% by an increase of 412 square feet in lot coverage.
  6. Right side yard setback will be reduced to 8 feet, not including the outdoor shower.
  7. Rear yard setback will be reduced from 23.3 feet to 14.3 feet.
  8. There will be no change in left side yard or front setbacks.
  9. There will be no change in use.
  10. The use conforms to the objective of the R1 district in which the property is located.
  11. There is one objection from abutters and several abutters supporting the project.
  12. The changes to the structure will not substantially be more detrimental to the neighborhood than the existing structure.
  13. The proposal is not a significant development.

Manny Heyliger moved the Findings of Fact; seconded by Don Palladino; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0. 

7:45 pm  

  1. Agnes M. Collis and James S. Cornell, 720 Ocean View Drive, Map 17, Parcel 1:  Application for a Special Permit under WZB 8.4.2 and 6.24 (National Seashore Park Special Permit) to relocate an existing residential dwelling due to coastal bank erosion.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Don Palladino.  Attorney Ben Zehnder represented the applicant and gave an overview of the project.   There will be no new configurations to the dwelling, and the dwelling will be 5 feet at the front setback.  Fred Ambrose stated the deck had to be cut free and will be placed on the side setback.  A letter from the National Seashore was read into the record, opposing the zero foot setback of the deck.  Attorney Zehnder stated no foundation would be dug and there would be no over dig with the decking and requested the Board consider a 1 foot setback for the deck.   The house is being moved to the south of the property line due to the erosion rate of the bank.  Ed Simpson, a property owner on Ocean View Drive, stated there will be no problem with the views.  Mick Lynch moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.
  1. This is an application for a Special Permit under WZB 6.24
  2. The structure is lawfully pre-existing structure.
  1. The lot and area has been reduced seriously by coastal erosion.
  2. The house will be moved to within 5 feet of the street line.
  3. The house will be located so that no portion of it will be closer than 5’ to the lot line.
  4. There will be no change in use.
  5. The use conforms to the District.
  6. No objection from abutters.
  7. The applicant agreed to conform to the requirements of the Nat’l Seashore with a minimum of 5 foot side setback.
  8. Changes have been approved by the Conservation Commission.
  9. The proposal is not a significant development.

Don Palladino moved to approve the Findings of Fact; seconded by Manny Heyliger, passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0. 

Condition:  new site plan to be provided to identify the side setback

8:15 pm

  1. Frederick and Lauren Bromberg, 195 Samoset Ave., Map 28, Parcel 97:  Application for a Special Permit under WZB 6.1 to demolish the existing dwelling on a pre-existing, nonconforming lot and construct a new dwelling and 2) a floodplain exemption pursuant to WZB 6.13 and 6.14.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Don Palladino.  Attorney Ben Zehnder represented the applicant and gave an overview of the previous application and the significant changes that the Bromberg’s have proposed for the new dwelling.  He stated a small part of the property is in the V zone and filed for the floodplain exemption.  Mick Lynch stated he was uncomfortable at the first hearing with the statements and mannerism expressed from the immediate abutter.  The Board felt the Bromberg’s went further than the Board initially requested and were very happy with the proposal.  A letter from abutter, Mr. Coady, was read into the record objecting to the project.  

Sharon Inger moved for Findings of Fact; seconded by Manny Heyliger;

passed 5-0.

  1. This is an application for a Special Permit under WZB 6.1 to demolish an existing dwelling on a pre-existing non-conforming lot and construct a new dwelling. And 2) a floodplain exemption pursuant to WZB 6.13 and 6.14.l
  2. This is a prior existing, non-conforming lot and dwelling, having been built in 1961 according to the Assessor’s office.
  3. The non-conformities are lot area of 8,0aaaaa50 square feet, street frontage of 60 feet, front and side yard setbacks and building coverage. 
  4. The building area will increase from 776 square feet (15.45% lot coverage) to 1,066 square feet (21.9%) lot coverage.
  5. Front and side setbacks are unchanged.
  6. There is no change in use.
  7. There will be no increase in use.
  8. The project has been approved by the Wellfleet Conservation Commission, as well as the Wellfleet Board of Health.
  9. The coastal zone impact has been approved by FEMA.
  10. As with all roads in older development, they are adequate for the area served.
  11. Drainage impacts have been considered.
  12.  The propose construction considerately treats scenic views from Samoset Road and developed properties.

Manny Heyliger moved to approve the Findings of Fact; seconded by Mick Lynch, passed 5-0.  Don Palladino moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch, passed 5-0..

Separate Findings for Flood Zone Exemption

  1. The granting of an exemption will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws since the new dwelling will be landward of the seawall and at the same elevation as the existing dwelling.
  2. The new dwelling will comply in all respects with the State Building Code, including the requirements of Section 744.0 regarding flood zones.
  3. The project complies in all respects with M.G.L. Chapter 131, s. 40, the Wetlands Protection Act, and the Town of Wellfleet’s Environmental Protection Bylaw as evidenced by prior approval of an Order of Conditions by the Wellfleet Conservation Commission.

Don Palladino moved to accept the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact for the Flood Exemption; seconded by Manny Heyliger; passed 5-0.

8:30 pm   

  1. Mia A. Saunders,  265 Main St., Map 15, Parcel 56, Application for a Special Permit pursuant to M.G.L. c. 40A, s. 6 and WZB 6.14 and 8.4.2 to reestablish a prior nonconforming use, i.e. two dwellings on one residential lot.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Don Palladino.  Attorney Ben Zehnder requested he would like to withdraw the application without prejudice.  Don Palladino moved to allow the application be withdrawn without prejudice; seconded by Manny Heyliger, passed 5-0..

 Business

              Review National Seashore Park District Wellfleet ZBA Building Area Worksheet

              This will be reviewed at the next meeting when all members are available.

Sharon Inger moved to approve the amended 11/05/15 meeting minutes; seconded by Manny Heyliger; passed 5-0.  Sharon Inger moved to approve the amended 11/19/15 meeting minutes; seconded by Manny Heyliger; passed 5-0.

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

Respectfully submitted,

Christine A. Bates

Committee Secretary