Approved ZBA mtg mins
Zoning Board of Appeals
Meeting Minutes
September 7, 2017 7:00 pm
Wellfleet Senior Center
Attendees: Roger Putnam, Sharon Inger, Manny Heyliger, Mick Lynch, Don Palladino, Trevor Pontbriand, Sibel Asantugrul, and Reatha Ciotti
Regrets: Bruce Drucker
7:25 pm
17-32 Brian Kelley, 145 School Street, Map 15, Parcel 19: Appeal from Person Aggrieved (MGL Ch. 40-A, S.8) Building permit denied due to topographical depression on land which may or may not be actual natural grade or mechanical removal of soil
Manny Heyliger recused himself. The Board consisted of Roger Putnam, Sharon Inger, Trevor Pontbriand, Sibel Asantugrul and Reatha Ciotti. Attorney Shealey and Brian Kelley came before the Board and stated it appears the lot was excavated in approximately 1860, based on records they reviewed. The top of the foundation would be at the level of the street. Attorney Shealey stated the applicant would like to return the parcel back to the natural level of the street for safety reasons. The property has been perked and the septic system designed. Roger Putnam stated a topography map identified that the land sloped steadily at one time and the town may have removed the clay to create School Street which was widened to 40’. He stated the Board would like a certified geologist to take a two (2) foot core sample to determine if the land is disturbed or not. A letter would be adequate. A certified sight plan will be presented. Trevor Pontbriand moved to continue to September 21, 2017; seconded by Sharon Inger; passed 5-0.
7:00
17-33 Timothy B. Thompson and Rachel Romano, 5 Holbrook Ave, Map 21 Parcel 105, Application for a Special Permit under WZB 6.1 to replace a pre-existing, non-conforming residential dwelling, and a floodplain exemption pursuant to WZB 6.13 and 6.14. At the request of the applicant, Sharon Inger moved for a continuation to October 19, 2017, seconded by Trevor Pontbriand; passed 8-0.
7:05 pm
17-34 Dennis Melvin, 35 Holbrook Ave., Map 20, Parcel 138, Application for a Special Permit under WZB 6.1.5 to demolish and rebuild two structures on same foundations, but raise houses 8 feet up on piers and a floodplain exemption pursuant to WZB 6.13 and 6.14. The Board consisted of Roger Putnam, Sharon Inger, Don Palladino, Trevor Pontbriand, and Sibel Asantugrul. Manny Heyliger recused himself as an abutter. David Sadowski, engineer, represented the applicant. He stated he intends to place the new buildings on the current foundations and elevate the houses on 10’ piers with 40’ extending (if necessary) into the ground. He stated our bylaw has a 28’ height requirement and with the piers, the height may exceed the 28 feet. He stated they would like to have roof decking with hand railings. There is currently four 4 existing bedrooms between the two structures and they want to form 4 individual condominiums. He stated there could be parking under the houses. Roger Putnam questioned the abandonment of the property. Sadowski stated he didn’t feel there was abandonment because the one house was lived in and the site was used. The electrical service on the one building was removed by the fire department. The enclosed stairway is considered construction on the bottom floor. Mr. Sadowski stated he has been to the Conservation Commission which has been continued and he needs to return to the Board of Health for approval of tight tanks. Roger Putnam stated there are issues with the application: abandonment, violation for more than 1 dwelling on a lot if the guest house is considered abandoned and there is no grandfathering for the proposed 4 units. Access to the property has to be a consideration since it is difficult to make a left turn out of the driveway onto Holbrook Avenue and, difficulty entering the driveway taking a sharp right turn into the driveway from Holbrook Avenue. Fire proofing would have to be considered if the structures are turned into 4 condos. Sharon Inger moved to continue to November 2, 2017; seconded by Trevor Pontbriand; passed 5-0.
Business
Roger Putnam stated the 120 Paine Hollow property is subject to land review and historical review based on correspondence from the Dept of Environment Protection. .
Roger Putnam read a letter from Town Council regarding the Habitat for Humanity hearing. A judge ruled the case closed due to issues with the Mullin Rule. Habitat for Humanity is considering filing a new application.
Sharon Inger stated she will not be at the 9/21/17 meeting.
Trevor Pontbriand moved to adjourn at 7:50 pm; seconded by Sharon Inger; passed 8-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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