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Approved ZBA Mtg Mins

Meeting date: 
Thursday, March 3, 2016

Approved

                                   

Zoning Board of Appeals

Meeting Minutes

March 3, 2016   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Manny Heyliger, Mick Lynch, Don Palladino, and Trevor Pontbriand

Regrets:  Bruce Drucker, Sharon Inger0 and Vern Jacob

7:00

  1. Amendment, Itty Bitty, LLC, 284 Ocean View Drive, Map 24, Parcel 96:  Application for an Amendment to Special Permit 13-04 to construct a roof over 5’ x 6” x 22’ previously approved deck.  Manny Heyliger informed the board he had had previous discussions with the owner but has no financial interest at this time.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Trevor Pontbriand and Don Palladino.  Gary Lucas represented the applicant and stated there was a previously approved special permit for decking and the owner would like to construct a roof over it.  The National Seashore approved the project.  Don Palladino moved for Findings of Fact; seconded by Manny Heyliger; passed  5-0.
  1. This is a request to amend previously granted Special Permit 13-04 to allow construction of a roof over the previously approved deck.
  2. The Findings of Fact for Special Permit 13-04 are hereby included by reference.
  3. There is no change in volume.
  4. There is no increase in livable area.
  5. There is no change in use.
  6. There is no increase in use.
  7. There is no objection from abutters.
  8. The amendment to the previously granted Special Permit will not be more detrimental to the neighborhood than to the alteration granted under Special Permit 13-04.
  9. The alteration is not a significant development
  10.  

Mick Lynch moved the Findings of Fact; seconded by Don Palladino; passed 5-0.  Mick Lynch moved to grant the amendment for the Special Permit; seconded by Don Palladino; passed 5-0.

 7:06 pm

  1.  Regena Parker, 84 Spring Brook Road, Map 47, Parcel 28:  Application for a Special Permit under WZB 5.3.5 for a residential Farm / Stable Permit for chickens.  The Board consisted of Roger Putnam, Mick Lynch, Manny Heyliger, Don Palladino and Trevor Pontbriand.  A site visit was made and the coop and fencing will remain at the location identified on the site plan.  The Board was fine with the project.  Mick Lynch moved for the Findings of Fact; seconded by Manny Heyliger; passed 5-0
  1. This is an application for a Special Permit under WZB 5.3.5 for a private family farm livestock permit to keep no more than 10 chickens (no roosters).
  2. the keep of 10 chickens on the property has been approved by the Board of Health.
  3. the keeping of chickens is permitted in this District upon the granting of a Special Permit under WZB 5.3.5 and 8.4.2.
  4. The ZBA has made a site inspection of the property.
  5. The use conforms with the objectives of the District in which the lot is located.
  6. There was no objection from the abutters.
  7. After considering the District Objectives for the zoning district as provided for in QZB 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.

Manny Heyliger moved the Findings of Fact; seconded by Mick Lynch; passed 5-0. 

CONDITIONS:

  1. There will be no more than 10 chickens kept on the premises.
  2. No roosters will be kept on the premises.

Mick Lynch moved to grant the Special Permit; seconded by Manny Heyliger; passed 5-0.

  7:15 pm

  1. William and Michelle Rice, 345 Cove Road, Map 28, Parcel 35, Application for a Special Permit under WZB 6.1.5.1 b and 6.14.3 to alter an 11’ x 5’ covered porch within setback and a Flood Plain Exemption. The Board consisted of Roger Putnam,  Mick Lynch, Don Palladino and Trevor Pontbriand.  Manny Heyliger recused himself.  Jay Horowitz represented the applicant and explained the original plans were changed in order to remove the construction out of the Flood Plain.  Jay Horowitz stated the applicant would like to cover the entry way into the house, which is within the front setback at 21’ 5” from the northern corner.  Lot coverage is not an issue nor is height of the porch.  The Board had a discussion regarding the site plans not identifying the increased intrusion into the setback.  Jay Horowitz stated he would provide new site plans.  Don Palladino moved for Findings of Fact; seconded by Mick Lynch; passed 4-0.
  1. This is a request for a Special Permit under WZB 6.1.5.1 b to construct a covered unenclosed porch within the setback.
  2. The lot is a lawful lot located within the R-1 District.
  3. The house is a pre-existing non-conforming structure having been built in 1961.
  4. The total proposed addition will increase lot covered from 1330 Square Feet, or 6.92% to 2,220 square feet or 11.54%.
  5. There will be an intrusion of an unenclosed porch into the front setback of 5 feet and an area of increase of 55 square feet.
  6. There will be no change in use.
  7. There is no proposed 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 structure.
  10. The proposal is not a significant development.

Roger Putnam moved the Findings of Fact; seconded by Mick Lynch, passed 4-0.  Roger Putnam moved to grant the Special Permit subject to the proper plot plan and layout being submitted to the town by March 9, 2016 showing the actual front set back of the proposed enclosed porch; seconded by Don Palladino; passed 4-0.   

Business:

Meeting Minutes:  Manny Heyliger moved to approve the amended January 21, 2016 meeting minutes; seconded by Roger Putnam, passed 4-0.

Trevor Pontbriand moved to approve the amended February 18, 2016 meeting minutes; seconded by Manny Heyliger, passed 4-0.

Mick Lynch moved to adjourn at 8:00 pm; seconded by Don Palladino; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary