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Approved ZBA mtg mins

Meeting date: 
Thursday, May 19, 2016

Approved

                          

Zoning Board of Appeals

Meeting Minutes

May 19, 2016   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Don Palladino and Trevor Pontbriand

Regrets:  Vern Jacob and Manny Heyliger and Mick Lynch

7:00 pm

16-19  Robert and Cynthia Cocivera, 35 Ryder Court, Map 14, Parcel 17, Application for a Special Permit under WZB 6.1.5.1 to construct a 3 season room within side setback.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Don Palladino and Trevor Pontbriand.  The Cocivera’s came to the table and gave an overview of the project, stating the room would be within the setback.  The increase will be 11 inches.  The Board had made a site visit.  This project will have to go before the Conservation Commission.  Bruce Drucker moved for Findings of Fact; seconded by Don Palladino; passed 5-0.  1. 1.

1.  This is an application for a Special Permit under WZB 6.1.5.1 to construct a three season room on part of an existing deck.

2.  Part of the present deck will be enclosed and the deck extended to the same

 extent   partially within the side setback.

3.  The dwelling is a lawfully pre-existing dwelling having been originally built in 1800, per Assessor’s records.

4.  The property lies within the R1 District.

5.  The extension lies partially within the 100 foot setback from a waterway.

6.  There will be an increase of 224 square feet for a total lot coverage of 7.13%.

7.  There will be no further intrusion into the side yard.

8.  There will be change in use.

9.  There will be no increase in use.

10.  There are no objections from abutters.

11.  This alteration will not be substantially more detrimental to the neighborhood than the existing structure.

12.  This alteration is not a significant development.

Trevor Pontbriand moved the Findings of Fact; seconded by Don Palladino; passed 5-0.  Bruce Drucker moved to grant the Special Permit subject to the approval from the Conservation Commission; seconded by Sharon; passed 5-0. 

7:10 pm

16-18  Dan and Caroline Bowden, 140 Fox Island Rd., Map 28, Parcel 207, Application for a Special Permit under WZB 6.1.5.1.(b) for additions including additional living space, a screen porch and expanded deck areas as well as WZB  6.14.3 Floodplain Exemption. The Board consisted of Roger Putnam, Bruce Drucker¸Sharon Inger, and Don Palladino.   Trevor Pontbriand recused himself.    Joy Cuming represented the applicant and supplied a photograph of the height of the building along with elevations. The renovations will allow for more year-round living and expansion of decking.  She stated that due to the setback issues with the narrow parcel, there was not a lot of room for the expansions.  The Conservation Commission approved the project.  There will be no change to the upstairs or bedroom count.  The site plan had been prepared by Felco Engineering.  Sharon Inger moved for Findings of Fact; seconded by Don Palladino; passed 4-0.

  1.  This is an (a) application for a Special Permit under WZB 6.1.5.1.(b) for addition to an existing dwelling including additional living space, a screen porch and expanded deck areas and, (b) an Application under WZB 6.14.3 for a Floodplain Exemption.
  2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1965 according to the Assessor’s Office.
  3. The existing non-conformities are inadequate lot area, and intrusion into the east and west setbacks.
  4. The ZBA has made a site inspection of the property and has received and reviewed the plans and drawings pertaining to the project all of which are in the file.
  5. There will be no change in use.
  6. The use conforms with the objectives of the zoning district in which the lot is located.
  7. There was no objection from the abutters.
  8. The lot is abutted principally by a marsh and vacant land and the project will not have any impact on existing homes in the area.
  9. The additions shown on the “Proposed Site Plan” dated 02/17/16 and Proposed Plans (Sheets P1.1-P2.2) dated 04/12/16 will not be any more detrimental to the neighborhood than the existing nonconforming structure.
  10. The applicant has obtained approval of the Wellfleet Commission in accordance with MGL Chapter 131, S 40, the Wetlands Protection Act, and with the Town of Wellfleet’s Environmental Protection Bylaw.
  11. After considering the District Objectives for the zoning district as provided for in QZB 3.2 and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
  12. The Board finds that the granting of the Floodplain 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.

Don Palladino moved the Findings of Fact; seconded by Sharon Inger; passed 4-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 4-0. 

Business:  None to report    

Meeting Minutes: 

April 21, 2015:  to be addressed.

May 5, 2015:  Bruce Drucker moved to approve the 05/05/16 meeting minutes; seconded by Sharon Inger; passed 4-0.

Bruce Drucker moved to adjourn on 7:30 pm; seconded by Don Palladino; passed 4-0.

Respectfully submitted,

Christine Bates, Committee Secretary