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Approved ZBA mtg mins

Meeting date: 
Thursday, July 7, 2016

Approved

                          

Zoning Board of Appeals

Meeting Minutes

July 7, 2016   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, Trevor Pontbriand, Reatha Ciotti, and Don Palladino

Regrets:  Manny Heyliger

7:00 pm

  1.  Jay and Barbara Gainsboro, 30 Hiller Avenue, Map 20, Parcel 65:  Application for a Special Permit under WZB 6.1.5 and Section 6.24 and M.G.L. c. 40A, s. 6 to demolish a pre-existing, non-conforming cottage dwelling structure and construct a garage with a second floor dwelling unit.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch and Reatha Ciotti.  Attorney Ben Zehnder represented the applicant and gave an overview of the project.  There has been a dwelling and a cottage on the property prior to zoning.  The original house was 968 square feet and the new dwelling is 2,091 square foot.  The cottage is pre-existing, non-conforming and the proposed garage/living space will be 890 square feet, with a small outside deck area.  The new lot coverage will be 8.13%.  Mr. Gainsboro owns an undeveloped parcel on the south side of his property.   There was one unsigned letter of objection from the residents of Hiller Avenue.  Attorney Zehnder provided history of the property from 1951.  There were no comments from the audience.  Both structures will conform with setbacks.  Bruce Drucker moved for Findings of Fact; seconded by Mick Lynch, passed 5-0.

Bruce moved findings as amended; seconded by Mick; passed 5-0..  Bruce moved to grant; seconded by Mick; passed 4-1. 

  1. This is an application for a Special Permit under WZB 6.1.5 and 8.4.2 and M.G.L.c 40
    A,s 6 to alter a pre-existing, non-conforming structure/use by removing an existing cottage / second dwelling unit and replacing it with a garage with a dwelling unit on the second floor.
  2. The Zoning Board of Appeals has received and reviewed the plans and drawings pertaining to the project all of which are in the file.
  3. The Zoning Board of Appeals has made a site inspection of the subject lot.
  4. The property is located in the Residential District.
  5. There was one letter in opposition to the application.
  6. The lot contains 38,175 square feet in a district requiring 30,000 square feet minimum lot area.
  7. The lot has 312.40 linear feet of frontage on Hiller Avenue in a district requiring 125 linear feet.
  8. The lot is fully conforming with zoning requirements.
  9. There is a 2,091 square foot lot coverage two-story dwelling recently constructed commencing in April, 2015 which replaced an approximately 968 square foot home constructed in approximately 1943, and a detached approximately 300 square foot single story cottage dwelling structure constructed in approximately 1950.
  10. The cottage was situated on the north side of the lot within the required 30 foot setback from Hiller Avenue until April, 2015, when it was temporarily relocated to the west side of the lot to facilitate construction the new residence.
  11. The cottage is pre-existing, non-conforming as to dwelling use, having been in existence prior to the enactment of the Wellfleet Zoning Bylaw and not having been discontinued for a period of two years.
  12. The cottage was pre-existing, non-conforming as to location until it was moved in April, 2015.
  13. The application seeks a Special Permit to remove the cottage structure from the property and construct a small second dwelling unit on the second floor of a proposed garage structure.
  14. The proposed garage / dwelling structure will have lot coverage of approximately 1,013 square feet.
  15. The proposed dwelling unit consists of approximately 890 square feet living space having a bedroom, bathroom, combined living / kitchen area and small outside deck area.
  16. Total lot coverage of the residence and garage / dwelling will be 3,104 square feet, or 8.13%.  This is well under the maximum lot coverage in this district of 15%.
  17. Lot coverage prior to any new construction was approximately 1,268 square feet, or 3.3%; therefore, there is a propos total increase in lot coverage of 4.8%.
  18. The alteration of the second dwelling from a separate cottage to above the garage will not be more substantially detrimental to the neighborhood than the existing nonconforming use, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the District Objectives for the Residential District as provided for in WZB 3.2 and the relevant criteria set forth in WZB 8.4.2

Bruce Drucker moved to approve the Findings of Fact; seconded by Mick Lynch, passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 4-1.

Business

Mick Lynch read a letter from Steve Oliver regarding the abutting property which Curt Felix purchased on Route 6.  His main concerns are the safety issue of parking, the number of businesses on the property, and potential vehicle accidents on Route 6.  Steve Oliver also read another letter regarding the overdevelopment of the property.  He states cars and trucks are parking along Route 6 and have parked on his property as well.  Mr. Oliver stated there was a wash out from the Felix property and debris covered 2 of his tennis courts. He expressed frustration after having talked to several agencies as well as town officials regarding the parking and safety issues.  Bruce Drucker told Mr. Oliver that it was the Board of Selectmen who issued the food truck licenses and the ZBA did not issue a special permit.  The ZBA is waiting for information from Town Counsel regarding Food Trucks and who makes the determination on what locations they can be at.  Bruce Drucker informed Oliver that the ZBA cannot do anything regarding the runoff or the parking on Route 6.  Further discussion took place with the property owner regarding when construction trucks were at the location, bicyclist safety, and the change to the parking lot due to police and fire department concerns.  The Board stated a new site plan would need to be submitted with an application for an amendment to the Special Permit regarding the change in parking spots.  The Board stated they had no jurisdiction with the issues between the properties and closed the discussion.    

Denny O’Connell, acting on behalf of the Planning Board, questioned the Special Permits issued to the Town Recreation Department for use at Mayo Beach.  Bruce Drucker stated there is no limitation to municipal signs, only to commercial signs.   

Meeting Minutes

Roger Putnam moved to approve the February 4, 2016 meeting minutes; seconded by Sharon Inger, passed 4-0.

Sharon Inger moved to approve the March 17, 2016 meeting minutes, seconded by Don Palladino; passed 4-0.

Trevor Pontbriand moved to approve the April 7, 2016 meeting minutes; seconded by Mick Lynch, passed 4-0.

Mick Lynch moved to approve the April 21, 2016 meeting minutes; seconded by Sharon Inger; passed 4-0.

Don Palladino moved to approve the May 19, 2016 meeting minutes; seconded by Sharon Inger; passed 5-0.

Bruce Drucker moved to approve the June 2, 2016 meeting minutes; seconded by Roger Putnam; passed 4-0.

Bruce Drucker moved to adjourn at 9:00 pm; seconded by Sharon Inger passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary