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Approved ZBA mtg mins

Meeting date: 
Thursday, October 6, 2016

Approved

                          

Zoning Board of Appeals

Meeting Minutes

October 6, 2016  7:00 pm

Wellfleet Senior Center

Attendees:  Bruce Drucker, Sharon Inger, Reatha Ciotti, Trevor Pontbriand, Manny Heyliger, and Don Palladino,

Regrets:  Mick Lynch and Roger Putnam

7:00 pm

16-27  Paine, 55 Pleasant Point Rd., Map 29, Parcel 388, Application for a Special Permit under WZB 5.3.1 for a private stable to house 20 chickens and 1 pig.  The hearing will be reopened, waiting for the arrival of the applicant.

7:05 pm

04-22  Amsler, 2520 State Hwy, Map 23, Parcel 34, Request for a 2 year extension.  The hearing will be reopened, waiting for the arrival of the applicant. 

7:10 pm

16-28  Miller, 1225 State Hwy, Map 36, Parcel 13, Application for a Special Permit under WZB 6.1 and M.G.L.C 40 a, S6, to demolish pre-existing nonconforming 2nd dwelling and construct new second dwelling structure and 2 Exemption from the Flood Hazard District regulations pursuant to WZB 6.13 and 6.14.  The Board consisted of Bruce Drucker, Manny Heyliger, Sharon Inger, Trevor Pontbriand and Reatha Ciotti.  Attorney Ben Zehnder represented the applicant and gave an overview of the project.  When the dwelling was built, it was a lawful use.  The dwelling will be built according to the Flood Zone requirements.  It has been approved by the Conservation Commission.  The location of the property is off Route 6 and will not impact traffic.  The new dwelling will be on the current footprint.  Trevor Pontbriand moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.

  1. This is an application for a Special Permit under WZB 6.1.5, 6.13, 6.14 and 8.4.2 and M.G.L.c 40A,s 6 to alter a pre-existing, non-conforming second dwelling structure/use by demolishing the second dwelling unit and replacing it with an enlarged second dwelling unit within the Flood Hazard District.
  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 were no letters or appearances in opposition to the application.
  6. There were no letters or appearances in support of the application.
  7. The lot contains 40,876 ft.² of upland area in a district requiring 30,000 square feet minimum lot area;
  8. The lot has 230.13 linear feet of frontage on Route 6 in a district requiring 125 linear feet.
  9. The lot is fully conforming with zoning requirements.
  10. There is a two-story dwelling constructed in approximately 1850 and a detached single story cottage dwelling structure constructed in approximately 1960.
  11. The application seeks a Special Permit to remove the cottage structure from the property and construct a replacement cottage on piers meeting building code flood zone requirements.
  12. Removal of the older cottage and replacement with the newer structure will be more attractive and will meet current flood zone requirements, without any substantial change in the use or general appearance of the property.
  13. The Conservation Commission has issued an Order of Conditions for the project.
  14. The proposed alteration 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 WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.
  15. The proposed alteration 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 any existing local laws, and requests a determination by the Board to this effect.
  16. The project will comply in all respects with the State Building Code, including the requirements of Section 744.0 regarding flood zones.

Bruce Drucker moved to approve 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; seconded by Manny Heyliger; passed 5-0. 

Business

Meeting Minutes

Sharon Inger moved to approve the August 4, 2016 Meeting Minutes; seconded by Reatha Ciotti, passed 5-0.

Bruce Drucker moved to approve the September 1, 2016 meeting minutes; seconded by Sharon Inger; passed 4-0.

Bruce Drucker moved to approve the September 15, 2016 meeting minutes; seconded by Sharon Inger, passed 4-0.

7:20

Paine – reopened:  The Board consisted of Bruce Drucker, Manny Heyliger, Sharon Inger, Sibel Asantugrul, and Don Pallaldino.  The applicant did not appear.  A neighbor and abutter attended the meeting and Acting Chair Bruce Drucker stated he would accept comments. Jane Cole Geisler, representing the adjacent property at 45 Pleasant Point Road, asked if there was a limit to the number of buildings on the properties and what the regulations were for distance to the lot lines.  She stated there is conservation land near the property.  Gary Davies, abutter, stated pigs waste is difficult to dispose of and he didn’t feel there was room on the property for the pig.  He stated the pig has been in the neighborhood for several months and has concerns the pig can get out of the fencing.   The Board would like to see a better site plan specifically identifying where the chickens and pig will be located and drawings of the proposed chicken coop and pig enclosure.  As a courtesy to the applicant who failed to appear, Manny Heyliger moved to continue to Oct. 20, 2016; second by Bruce Drucker; passed

5-0.

7:35 pm

Amsler reopened:  The Board consisted of Bruce Drucker, Manny Heyliger, Sharon Inger, Sibel Asantugrul and Don Palladino.  The applicant did not appear at the meeting.  Bruce Drucker moved to continue to Oct 20, 2016; seconded by Manny Heyliger; passed 5-0.

Trevor Pontbriand moved to adjourn at 7:40 pm; seconded by Bruce Drucker, passed 7-0.

 

Respectfully submitted,

Christine Bates, Committee Secretary