Approved ZBA Mtg Mins
Zoning Board of Appeals
Meeting Minutes
February 15, 2018 7:00 pm
Wellfleet Senior Center
Attendees: Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger, Mick Lynch, Trevor Pontbriand, Reatha Ciotti,
Regrets: Trevor Pontbriand and Don Palladino
7:00 pm
18-02 Randall Emmons, 119 Hamblen Farm Road, Map 19, Parcel 13: Application for a special Permit under WZB 6.1 and M.G.L.c.40A for the use and division of locus, a pre-existing, non-conforming lot with two existing residential dwellings, into two separately saleable and buildable lots. The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, and Manny Heyliger. Attorney Ben Zehnder represented the applicant. He gave an overview of the property, currently with a dwelling and a removed structure. He stated the Planning Board could do an ANR, but the property requires relief from the ZBA. He stated that any lot that had previous structures on it would have the right to rebuild on the property. Wil Sullivan questioned how the filing falls under WZB 6.1. Attorney Zehnder responded that the new dwellings are on the same footprint as before, so no new non-conformities will take place. He stated Building Permits were granted previously without any special permit. The division of the land is within the purview of the Planning Board. He stated he wanted to get a Special Permit before going before the Planning Board. Bruce Drucker stated he is familiar with the hunting cabin and doesn’t understand how it changed into a year round dwelling. Mr. Drucker referred to WZB 5.1 which stated the division of land cannot be done as well as WZB 6.1 which does not include the division of land. He stated this division creates 2 lots which are not conforming. He doesn’t see any proof that the hunting camp can be considered a pre-existing dwelling because it has been abandoned for years.
Attorney Zehnder stated the side line requirement is 25’ and is met with the proposed structure and will not create additional nonconformities. He stated the existing structures, if having been there for 10 years, can come before the ZBA for a special permit. Only ¼ of the property is upland on the one proposed parcel. He stated there were 2 residential structures in 1952. The owners are trying to get approval that the lots are separate by a special permit. Attorney Zehnder stated he would go before the Planning Board and come back to the ZBA. Bruce Drucker stated the bylaws don’t permit a special permit as requested. Attorney Zehnder requested a continuation to March 15, 2018 in order to go before the Planning Board and gather additional case studies. Bruce Drucker moved to continue to March 15, 2018; seconded by Mick Lynch, passed 5-0.
Business:
Attorney Zehnder stated he talked to the Planning Board regarding extending Special Permits to three years instead of two. It was reviewed and the Town didn’t want to do it.
Meeting Minutes: Bruce Drucker moved to approve the amended 11/2/17, 11/16/17 and 01/18/18 meeting minutes; seconded by Mick Lynch; passed 6-0.
Sharon Inger moved to adjourn at 7:45 pm; seconded by Manny Heyliger; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary