Approved ZBA mtg mins

Meeting date: 
Thursday, January 5, 2017

Approved

                          

Zoning Board of Appeals

Meeting Minutes

January 5, 2017   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Trevor Pontbriand and Sibel Asantugrul

Regrets:  Manny Heyliger, Don Palladino, Reatha Ciotti and Mick Lynch

17-01  Kenneth and Ingrid Magar, 115 Pine Needle Road, Map 30, Parcel 50:  Application for Affordable Accessory Dwelling Unit under WZB 6.21.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Trevor Pontbriand and Sibel Asantugrul.  Mr. Magar explained the egresses, referring to the photographs and diagram he made for the floor plan.  He proposed two options for egress from the unit:  1) the window in the bedroom could be changed to an egress window by removing some of the foundation and utilize the stairway up to the main floor and 2) Construct a full door at the bottom of the stairway and utilize the stairway to the main floor.  He stated additional lighting will be put in the unit as well as fire break doors in the basement where the furnace is.  Trevor Pontbriand stated the unit has to have 2 doors from the unit, and cannot have an egress into the main floor unit.  There was further discussion regarding building codes and that the decision would have to be made by the Building Inspector in regards to the egresses.  It was recommended Mr. Magar provide additional information and plans which can be stamped by the Board regarding the unit.  Bruce Drucker moved to continue to March 2, 2017; seconded by Sharon Inger; passed 5-0.   

7:25 pm

17-02  Pamela Hudson and Toni Caputo,

 

A site visit was made and there were no questions from the Board and no letters of objection.  Trevor Pontbriand moved for Findings of Fact; seconded by Bruce Drucker; passed 5-0.

  1. Applicants seek a Special Permit under WZB 6.1 for a volumetric increase on the second floor of their dwelling for a proposed bathroom and dormer within the setback.
  2.  The ZBA has conducted a site inspection of the subject lot & has reviewed the plans for the proposed alteration.
  3. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2
  4. The existing non-conformities regarding the structure include intrusion into the front & side setbacks.
  5. The proposed dormer is a relatively minor alteration to the structure; it will be constructed on the rear second-floor the building where it will be inconspicuous; it will not involve a further intrusion into the setback other than a volumetric increase; it will be constructed entirely on the current footprint; it will not increase the lot coverage of the dwelling; and there will be no increase in the height of the dwelling.
  6. There will be no change in use.
  7. The use conforms with the objectives of the District
  8. There were no appearances or correspondence either for or against the project.
  9. The proposed alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure and the applicants have 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 district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.

Sibel Asantugrul moved 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 Sibel Asantugrul; passed 5-0. 

Business:  The Board requested Christine Bates to follow up with the lawyers representing Cumberland Farms for site plans, and plans identifying the wood sided gas pump.   She was also requested to follow up with Town Counsel for findings of fact.   

Meeting Minutes:    Roger Putnam moved to approve the amended 12/15/16 meeting minutes; seconded by Sharon Inger; passed 6-0.

Bruce Drucker moved to adjourn at 7:45 pm; seconded by Sharon Inger; passed 6-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary