Approved ZBA mtg mins

Approved

Zoning Board of Appeals

Meeting Minutes

March 2, 2017   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Sharon Inger, Reatha Ciotti, Don Palladino, and Trevor Pontbriand, Building Inspector Justin Post and Christine Bates, Committee Secretary

Regrets:  Bruce Drucker, Manny Heyliger, Mick Lynch and Sibel Asantugrul

17-06  Thomas W. Janssen and Rachel Faith Cohen, 255 Old Wharf Road, Map 36, Parcel 167:  Application for a Special Permit under WZB 6.1.5 to construct a 12’ x 22’ addition within the setback.  The Board consisted of Roger Putnam, Sharon Inger, Trevor Pontbriand, Reatha Ciotti, and Don Palladino.  Mr. Janssen had provided new drawings to the Board and explained the new location for the addition which would be going into the setback approximately 4 feet.   Trevor Pontbriand pointed out to the Board that the steps go into the setback and have created a non-conformity already.  Mr. Janssen stated the floor plan will accommodate a wheel chair from the family room into the bedroom and into the proposed bathroom.  Mr. Janssen stated he has discussed the project with his abutters and they had no objection.  Roger Putnam 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 to construct a 17’ by 22’ addition within the setback.
2. The dwelling is a pre-existing non-conforming structure having been constructed in 1961 according to the Assessor’s records.
3. The proposed addition would create an intrusion into the side yard of 3.5’.
4. The lot coverage would increase from 1,048 sq. ft. to 1,369 sq. ft. or an increase in lot coverage from 4.26^ to 5.29%, or 1.03%.
5. There will be no change in use.
6. There will no increase in use.
7. There are no objections from abutters.

 Sharon Inger moved to accept the Findings of Fact; seconded by Reatha Ciotti, passed

5-0.  Don Palladino moved to grant the Special Permit based on the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. 

17-07  Stephen B. Cooney, 3 Kendrick Ave., Map 21, Parcel 112:  Application for a Special Permit under WZB 6.1.5. to extend dwelling and deck along a pre-existing and non-conforming site line and 2) Request for an exemption from the Flood Hazard District under WZB 6.14.3.  The Board consisted of Roger Putnam, Sharon Inger, Trevor Pontbriand, Reatha Ciotti, and Don Palladino.  Attorney Ben Zehnder represented the applicant and Mr. Cooney appeared at the table as well.  Attorney Zehnder stated he didn’t feel this project required a special permit based on the size or setbacks.  However, he did concur it required a special permit for the Flood Hazard District.  He stated the garage level is allowed for storage.  The foundation will meet the requirements for the flood zone.  This is for a single family dwelling.  The utilities will come to the structure underground.  Attorney Zehnder stated the side view will not impact the site view from the road.  There will be a 10 foot high wall which is part of the dwelling and another wall 4 feet high on the opposite side of the dwelling.  There will be 4 parking spaces on the property as well as a 2 car garage.  The building area will be 14.3% (upland area lot coverage calculation based upon the Flood Regulations).  The dwelling is doubling in size but there will be no increase in non-conformity within the setbacks.    Trevor Pontbriand moved for Findings of Fact; seconded by Reatha Ciotti; passed 5-0.

1. This is an application for a Special Permit under WZB 6.1 to extend a dwelling and deck along a pre-existing non-conforming side yard lineans and 2) a request for an exemption from the Flood Hazard District under WZB 6.14.3.
2. This is a pre-existing non-conforming dwelling having been built in 12955 according to the Assessors records.
3. The non-conformities are side yard setbacks.
4. Present dwelling of 1,329 sq. ft. is to be removed, and replaced with a dwelling of 3,079 sq. ft.
5. The current lot coverage of upland is presently 2.53%. and the proposed lot coverage will be 14.3% based upon the 40% of Flood Hazard laws.
6. There will be no volumetric increase with the side yard setback.
7. There will be no change in use.
8. There will be no increase in use.
9. The use conforms to the objectives of the Central District.
10. The project has been approved by the Conservation Commission.
11. There has been no objection from abutters.
12. The alteration will not be substantially more detrimental to the neighborhood than the existing non-conforming structure.

Findings of Fact for the Flood Hazard District regulation:

1. The granting of an exemption 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 existing local laws since the new dwelling will be constructed in accordance with state building code flood zone requirements.
2. The new dwelling will comply in all respects with the State Building Code, including the requirements of Section 744.0 regarding flood zones.
3. The project complies in all respects with M.G.L. Chapter 131, s. 40, the Wetlands Protection Act, and the Town of Wellfleet’s Environmental Protection Bylaw as evidenced by prior approval of an Order of Conditions by the Wellfleet Conservation Commission.

Trevor Pontbriand moved the Findings of Fact; seconded by Reatha Ciotti, passed 5-0.

Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.

Business – Ted Malone requested a special meeting for a 40B application located on Paine Hollow Road for April 27, 2017.  The Board agreed to the special meeting.  (ck for room). 

Meeting Minutes.  Sharon Inger moved to approve the amended January 19, 2017 and February 15, 2017 meeting minutes; seconded by Roger Putnam; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary