Print
Share page with AddThis

Approved ZBA mtg mins

Meeting date: 
Thursday, October 20, 2016

Approved

Zoning Board of Appeals

Meeting Minutes

October 20, 2016  7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Reatha Ciotti, Manny Heyliger, and Sibel Asantugrul

Regrets:  Mick Lynch, Don Palladino and Trevor Pontbriand

7:00 pm

16-13  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, Manny Heyliger, and Reatha Ciotti.  Attorney Ben Zehnder requested a continuation to November 17, 2016.  Bruce Drucker moved to continue to November 17, 2016; seconded by Manny Heyliger; passed 5 -0. 

7:05

16-29  Elkin, 100 Catboat Rd., Map 41, Parcel 87, Application for a Special Permit under WZB 6.1.5 to construct handicapped ramp, landings and storage shed within setbacks.  The Board consisted of Sharon Inger, Reatha Ciotti, Bruce Drucker, Roger Putnam and Manny Heyliger.  Mrs. Elkin stated this project was approved 3 years ago and they were unable to finish the work.  Therefore, they are reapplying for a Special Permit.  Manny Heyliger 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, 8.2.2 and 8.4.2 to construct a handicap ramp and landings, a small retaining wall and storage shed within the setbacks.
  2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2.
  3. The existing nonconformities regarding the structure are intrusion into the side setbacks.
  4. There will be no change in use.
  5. There will be no increase in use.
  6. The proposed construction is modest in scale and scope, conforms with the objectives of the residential district and the additional side setback intrusion is relatively minimal.
  7. There was no objection from abutters.
  8. After considering the District Objectives for the zoning district as provided for in WAB 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.
  9. The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.

Manny Heyliger moved to accept the Findings of Fact; seconded by Sharon Inger, passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.

7:08 pm

16-27  Paine, 55 Pleasant Point Rd., Map 29, Parcel 388, Application for a Special Permit under WZB 5.3.5 for a private stable to house 20 chickens and 1 pig.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Sibel Asantugrul.  Elizabeth Paine stated they are applying for a farm family livestock permit for 20 chickens.  She stated the pig is being deleted from the request.  She stated the chickens are currently at her parent’s house and the pen and fencing will be adequate.  Ms. Paine stated they want to homestead and she wanted to have ten chickens for egg laying and the other ten to raise for food.  Bruce Drucker stated the permits go with the land and he expressed concern about any future people living at the property who would be allowed to keep 20 chickens and might not be as rfesponsible of knowledgeable as Ms. Paine with regard to chickens.  Manny Heyliger moved for Findings of Fact; seconded by Sharon Inger; passed 5-0. 

  1. This is an application for a Special Permit under WZB 5.3.5 to house 20 chickens and 1 pig.
  2. At the hearing, the applicant withdrew that portion of the application for keeping a pig on the property.
  3. The property is located in the R1 zoning district.
  4. The applicant leases the property from the owner who the applicant advises has consented to the use of keeping chickens on the property.
  5. The keeping of chickens on residential property is a use described under WZB 5.3.5, namely, a Farm-Family, Livestock which is a use permitted in the residential zoning district by a Special Permit from the ZBA upon the advice of the Board of Health.
  6. The keeping of 20 chickens has been approved by the Board of Health pursuant to its August 11, 2016 letter to the applicant.
  7. The use conforms with the objectives of the District in which the lot is located.
  8. The chickens will be housed in a coop approximately 4’ x 6’.
  9. After considering the District Objectives for the zoning district as provided for in WZB 3.2 and the relative criteria set forth in WZB 5.2, 5.3.5, and 8.4.2, the Board finds that the benefits of the proposal for 20 chickens will outweigh any adverse effect on the Town and the vicinity.

Manny Heyliger moved to accept the Findings of Fact; seconded by Bruce Drucker; passed 5-0.  Bruce Drucker moved to grant the Special Permit only for the keeping of 20 chickens based upon the foregoing Findings of Fact subject to the following conditions:

  1.     There will be no more than 20 chickens kept on the premises.
  2. No roosters will be kept on the premises

Seconded by Manny Heyliger, passed 5-0.

7:30 pm

04-22  Amsler, 2520 State Hwy, Map 23, Parcel 34, Request for a 3 year extension.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Reatha Ciotti.  Mr. Amsler stated nothing has changed on the property or the project.  Bruce Drucker moved to grant the 3 year extension; seconded by Manny Heyliger; passed 5-0. 

 

Business:   The Charter Review Committee had sent out a letter to all the committees and boards and asked each board to review the quorum situation.  Roger Putnam has been serving on the Charter Review Committee and stated since the ZBA quorum and voting requirements are governed by state law, the quorum requirement changes being contemplated by the Charter review Committee would not apply to the ZBA.          

Meeting Minutes – to be reviewed at the next meeting.

 Bruce Drucker moved to adjourn at 8:00 pm, seconded by Manny Heyliger; passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary