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Approved ZBA Mtg Mins

Meeting date: 
Thursday, March 15, 2018

Attendees:  Roger Putnam, Sharon Inger, Mick Lynch, Trevor Pontbriand, Reatha Ciotti, and Will Sullivan

Regrets:  Manny Heyliger and Don Palladino and Bruce Drucker

7:00 pm 

Roger Putnam, Chair, explained to the audience who had come to have a discussion regarding Medical Marijuana locations in the Town of Wellfleet, that the Board could not have any discussion because they had not received any application to date.  Copies of the Zoning Bylaw regarding Medical Marijuana were distributed to those people to review.

 

7:05 pm

18-04  Evan Wadsworth and Marie-France Roy, 50 Daniels Drive, Map 14, Parcel 66:  Application for a Special Permit under WZB 6.1.5 for an addition of a screened-in porch within the rear setback.  The Board consisted of Roger Putnam, Sharon Inger, Mick Lynch, Reatha Ciotti, and Trevor Pontbriand.  Mr. Wadsworth gave an overview of the project, stating the screened porch will be within the setback, lining up with the house.   Mr. Wadsworth believed there was a previous addition on the house which the porch will line up with.  Trevor Pontbriand questioned if this dwelling is noncompliant or non-conforming.  Justin Post, Building Inspector, stated if the addition was built over 6 years ago, it would be considered non-conforming.  A letter from Mary Fox, abutter, supported the project.  Mr. Wadsworth stated he had contacted all his abutters and many replied to him they supported the project.  Mr. Wadswoth stated the original site plan included a proposed accessory building, but deleted it with the revised plan.  The current lot coverage is 9.29% and the proposed lot coverage will be 11.65%.  Mick Lynch moved for Findings of Fact; seconded by Reatha Ciotti; the motion did not pass.  There was further discussion that the dwelling was grandfathered and if the dwelling was noncompliant / non-conforming.  The applicant will work with the Building Inspector to gather the history of the dwelling.

Mick Lynch moved to continue to April 5, 2018; seconded by Sharon Inger; passed 5-0. 

7:25 pm

18-01  Ronald and Julia Lavoie, 402 Wilson Ave, Map 30, Parcel 627, Application for a Special Permit under WZB 6.1.5 and 6.24 to construct a second story on the same footprint.

The Board consisted of Roger Putnam, Trevor Pontbriand,, Sharon Inger, Mick Lynch  and Reatha Ciotti.  David Amado represented the applicant.  A revised Cape Cod Nat’l Seashore  computation were presented and the height question was answered.  The basement will be used for storage and the former habitable are removed.  The height of the basement is 6’6”.  Justin Post, Building Inspector, told the board that Tim Brady did a site visit with him and confirmed he would provide an as built to confirm the height of the roofline.  A letter from the National Seashore was read into the record with their concerns.  The volumetric increase is less than 50%   Mick Lynch 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 and 6.24 to construct a second floor on an existing structure.
  2. The dwelling is pre-existing having been constructed in 1960.
  3. The property comprises of 5,625 square feet in an area requiring 3 acres.
  4. The lot is non-conforming as to front yard, side yard and rear yard setbacks.
  5. There is no change in use.
  6. There is no increase in use.
  7. The proposal is not consistent with the objectives of the Cape Cod National Seashore as set forth in WZB 6.24.3
  8. There are no objections from abutters.
  9. The granting of this Special Permit will not create a situation substantially more detrimental to the neighborhood than the present existing non-conforming structure.
  10. This is not a significant development.

Sharon Inger moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.  Mick Lynch moved to grant the Special Permit subject to the following condition; seconded by Sharon Inger; passed 5-0. 

CONDITION:

  1. Any Special Permit issued per this application shall require that a signed certificate from a Registered Professional Engineer certify that the height of the structure does not exceed 28 feet as measured from average elevation of the four corners of the foundation.

7:40 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 salable and buildable lots.  At the request of Attorney Ben Zehnder, Mick Lynch moved to allow the applicant to withdraw the application without prejudice; seconded by Sharon Inger, passed 6-0.

 Business

Meeting Minutes: 

Mick Lynch moved to approve the amended 02/15/18 meeting minutes; seconded by Sharon; passed 6-0.

Mick Lynch moved to approve the amended 03/01/18 meeting minutes; seconded by Sharon; passed 6-0.

 

Mick Lynch moved to adjourn at 8:00 pm; seconded by Sharon Inger; passed 6-0.

Respectfully submitted,  Christine Bates, Committee Secretary