Approved ZBA mtg mins

Meeting date: 
Thursday, August 17, 2017

Approved

 

Zoning Board of Appeals

Meeting Minutes

August 17, 2017   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, Manny Heyliger, Don Palladino, Trevor Pontbriand, Sibel Asantugrul, and Reatha Ciotti

7:00 pm

17-31  Joseph and Phyllis DiBianco, 52 Ione Rd., Map 28, Parcel 63, Application for a Special Permit under WZB.   6.1.5.1.b for 2nd floor expansion of 149 sq. ft. of living area and 85 sq. ft exterior deck.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch and Reatha Ciotti.  Manny Heyliger recused himself.  Jay Horowitz represented the applicant and gave an overview of the project.  The lot coverage will remain the same.  There will be a new septic system which was approved by the Conservation Commission and Board of Health.  The upper level is being reconfigured, adding a deck.  The net increase in floor area is 149 square feet.  There will be no increase in bedrooms, or encroachment into the setbacks.  Bruce Drucker moved for Findings of Fact; seconded by Mick Lynch, passed 5-0.

  1. This is an application for a Special Permit under WZB 6.1.5.1b for a second-floor expansion of 149 square feet and an exterior adjoining deck.
  2. The lot is in the R District.
  3. The lot is lawfully pre-existing, non-conforming, having been built in 1980.
  4. The additional structure will be built entirely within the current footprint.
  5. There will be an increase in volume.
  6. There will be no change in use.
  7. There will be no increase in use.
  8. There are no objections from abutters.
  9. The alteration will not be more substantially detrimental to the neighborhood than the present nonconforming structure
  10. The proposal is not a significant development.

Bruce Drucker moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch; passed 5-0.

7:08 pm

17-24  Community Housing Resource, Inc., 120 Paine Hollow Rd., Map 29, Parcel 300, Application for a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections

20 – 23 to construct two structures each containing four units for a total of eight affordable rental units on the subject property containing approximately 4.96 acre (Cont’d).  The Board consisted of Roger Putnam, Trevor Pontbriand, Mick Lynch, Manny Heyliger and Don Palladino.  Chair Putnam stated correspondence from the Fire Chief feels the grade for the access to the property will not allow easy access for vehicles and could present safety issues.  Justin Post stated he attended a meeting with the Fire Chief, as well as David Michniewicz of Coastal Engineering, the peer consultant.  David Michniewicz will provide additional information regarding the grade of the road and a water suppression system.  Malone stated these are two buildings with a non-combustible break with no shared hallways.  They were designed as two buildings, although there will be 8 units.  Justin Post had recommended a less expensive suppression system be used, which will be discussed in the future.  The 10,000-gallon tank should be adequate, according to Tim Brady, Engineer.   Don Palladino questioned how to resolve the fire suppression issue due to the Fire Chief’s recommendations.   The peer review of the water quality satisfied all concerns.  Soil testing has not been performed at this point.  Mick Lynch questioned if the board could deny the permit based on the grade of the driveway.  Tim Brady stated in order to change the driveway from 12% to 10%, there would be a four- foot change in the design (covers 200 feet).  Ted Malone referenced the catch basins for the board to review.  He stated a retaining wall could be built at the driveway, which would increase in height.  The side slopes would be higher as well as the retaining walls higher.    It would be a significant impact to the slopes.  He stated this is not a road traveled by the public; it is a driveway.  He stated every road would be slippery in the winter months, regardless of the grade.  Sharon Inger referenced 40B regulations and the approval of the Fire Chief.   Judy Barrett recommended to have a work session between the parties, including the Fire Chief, the Police Chief, the Building Inspector, member of the Board, and the applicant.  All parties agreed to the meeting.  Further research is required regarding the 35,000-gallon water tank.  Bruce Drucker recommended a letter from the Engineer representing the applicant stating why the grade has to be at 12% if unable to reach the goal of 10% grade.  Tim Brady stated there is a pond across the street which might be able to be used with a fire hydrant, if necessary for water.

Brian Carlson will schedule a workshop prior to our next scheduled meeting of September 21, 2017.  He will also make recordings.  Brian told the audience that any documents can be distributed from his office

Steve Bergie (ck spelling) asked to read Coastal Engineer’s response.   Trevor Pontbriand asked why the access is not from Lewis Paine Road (which is owned privately).  An easement would be required to provide access.  Ted Malone stated he had looked into that but there was resistance from the property owners.  Tom McDounna stated he had to purchase an easement on Aaron Rich Road for access to his property.  Mick Lynch moved to continue to September 21; seconded by Manny Heyliger, passed 5-0.  It was recommended the Fire Chief attend the meeting the September 21 meeting.    

Meeting Minutes:  Bruce Drucker moved to approve the 07/20/17 meeting minutes; seconded by Roger Putnam, passed 8-0. 

Business 

KP Law’s letter of August 10, 2017 – Sharon Inger’s issue regarding the Habitat for Humanity appeal.  This will be discussed / resolved at the September 7, 2017meeting.

Bruce Drucker moved to adjourn at 8:20 pm; seconded by Mick Lynch; passed 9-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary

 

 

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