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Approved ZBA mtg mins

Meeting date: 
Thursday, September 15, 2016

Approved

                          

Zoning Board of Appeals

Meeting Minutes

September 15, 20167:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Trevor Pontbriand, Reatha Ciotti and Vern Jacob

Regrets:  Manny Heyliger, Mick Lynch and Don Palladino

7:00 pm

  1. Amendment:  James and Susan K. Collins, 3 West Main Street, Map 14, Parcel 146, Application to amend previously approved Special Permit under WZB 8.2 and MGL Chapter 40, Section 6 to restore and alter existing non-conforming building within the Central District by eliminating the previously approved second story and rebuild as a single story building with no change in use.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Vern Jacob, Reatha Ciotti.  George Riley represented the applicant and requested a continuation.  Bruce Drucker moved to continue to October 20, 2016; seconded by Sharon Inger; passed 5-0.
  1. Eric and Mary Ellen Meyer (CCE Associates Ltd Partnership) 70 Cliff Road and 220 ocean View Drive, Map 24, Parcels 127 and 135:  Application for a Special Permit under WZB 6.1.5, 6.24 and MGL c. 40A, s.6 by demolishing the dwelling structure at 220 Ocean View Drive and relocating the dwelling structure at 70 Cliff Road to the property at 220 Ocean View Drive.  The Board consisted of Roger Putnam, Sharon Inger, Bruce Drucker, Trevor Pontbriand and Vern Jacob.  Attorney Ben Zehnder represented the applicant and gave an overview of the project.  He stated the Meyer’s have purchased the property at 220 Ocean View Drive in order to move the house at 70 Cliff Road.  The property on Cliff Drive is eroding and the dwelling is in danger of going over the cliff.  the Board of Health approved a 3 bedroom septic system at the Ocean View location.   Mr. Meyer was asked about how the house would be moved and he explained it would be moved with cribbing and take approximately 1 or 2 days.  Bruce Drucker moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.
  1. This is an application for under WZB 6.1.5, 6.24 and M.G.L.c 40A, s 6 to demolish a dwelling structure at 220 Ocean View Drive and relocate the dwelling structure at 70 Cliff Road to 220 Ocean View Drive.
  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 National Seashore Park Zoning District.
  5. There were no letters or appearances in opposition to the application.
  6. There was one appearances in support of the application.
  7. 220 Ocean View Drive contains 12,000 ft.² in a district requiring three acre minimum lot area;
  8. The lot has 100 linear feet of frontage on Cliff Road in a district requiring 200 linear feet.
  9. 220 Ocean View Drive contains an older single bedroom single story structure, built in approximately     1930, which is substantially encroaching into Beach Way on the south.
  10.  220 Ocean View Drive cottage and lot are pre-existing, non-conforming as to setback encroachments,       lot area and lot frontage.
  11. 70 Cliff Road is also owned by the applicant and contains a three bedroom single family dwelling built in approximately 1959.
  12. The 70 Cliff Road property and structure are threatened by substantial erosion of the coastal bank.
  13. The application seeks a Special Permit to demolish the 220 Ocean View Drive structure, remove the structure from 70 Cliff Road and relocate it to 220 Ocean View Drive.
  14. 70 Cliff Road will remain undeveloped in perpetuity following relocation of the structure, thereby lessening the congestion in the neighborhood and improving the view for neighboring properties.
  15. The structure at 220 Ocean View Drive will meet north, east and west setback requirements, and will maintain a 10’ setback from the south lot line, thereby improving the existing southerly setback and eliminating the easterly setback encroachment.
  16. The proposal requires approval by the Conservation Commission for removal of the structure from 70 Cliff Road, and requires approval by the Board of Health for a nitrogen credit of two bedrooms from 70 Cliff Road to 220 Ocean View Drive.
  17. The proposal will not be  more substantially detrimental to the neighborhood than the existing nonconforming structure, 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 National Seashore Park district as provided for in the Wellfleet Zoning Bylaws regarding alteration of non-conforming structures and lots and for granting of a National Seashore Park Special Permit.

Trevor Pontbriand moved the Findings of Facts; seconded by  Bruce Drucker; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0.

  1. The Erving Family Nominee Trust (Sally Erving Brock, Trustee), 1115 Cahoon Hollow Road, Map 17, Parcel 10, Application for a Special Permit under WZB 6.1.5 and 6.24 to relocate or reconstruct existing house (same footprint) in the center of the parcel and construct a full walk-out basement under the reconstructed house within the National Seashore Park.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Reatha Ciotti and Vern Jacob.  Jason Ellis represented the applicant and stated they are looking to relocate the existing cottage to the center of the lot.  The applicant would like a full foundation under the dwelling for storage and mechanicals.  The Board of Health approved a septic system for three bedrooms.  John and Karen Regan, abutters, stated they have concerns with the project, moving the dwelling closer to their property, concern for vegetation and noise issues.  They expressed concern regarding the sale of the property when the current owners are not going to be there.  They share the driveway with this property.  Ellis stated the foundation will only be used for storage and mechanicals.  Mr. Regan questioned the windows and walk-out door in the foundation.  A floor plan was not provided for the foundation.  The Board expressed concerns with what a future owner would do with the property with an open end permit and would like that owner to come forward with a plan.  Ms. Ciotti expressed concern based on the National Seashore’s letter regarding volume.  The decks will be a further intrusion into 3 setbacks.  The letter from the National Seashore was read into the record.  Ms. Regan expressed concern with a crane on the property and what impact it would be on their property, along with cutting trees. After hearing the Board’s concerns, Jason Ellis requested the application be withdrawn.  Bruce Drucker moved to allow the petition be withdrawn without prejudice; seconded by Sharon Inger; passed 5-0.  

Business          

Roger Putnam thanked Vern Jacob publically for his service and contributions to the Board.  It is with regret that Vern is resigning and has set a standard for the Board.  Bruce Drucker moved to accept the resignation; seconded by Sharon Inger; passed 6-0.  Vern stated the Board is exceptional and the talents allow the Board to work together and come to conclusions good for the applicants and the Town.

Roger Putnam reported he discussed the food truck situation with the Planning Board.  He stated he told them it was already in the bylaws (drive in restaurant).  There was discussion regarding the building inspector position and the enforcement issues. 

Meeting Minutes: to be reviewed at next meeting. 

Sharon Inger moved to adjourn at 8:00 pm; seconded by Reatha Ciotti; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary