Approved ZBA Mtg Mins

Meeting date: 
Thursday, April 5, 2018

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, Trevor Pontbriand, and Reatha Ciotti,

Regrets:  Manny Heyliger, Wil Sullivan, and Don Palladino 

7:00 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 (Cont’d)  The Board consisted of Roger Putnam, Mick Lynch, Sharon Inger, Trevor Pontbriand, and Reatha Ciotti.  Building Inspector, Justin Post, stated he found the original building plans from 1982, he went to the Assessor’s office, and there was a building permit for the addition 32 years ago.  Anything that has been in existence for 10 years is now considered a pre-existing, non-conforming structure.  Trevor Pontbriand appreciated the review done by the Building Inspector.  Since there is no objection from abutters, this will not be more detrimental.  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 to add a screened porch to the existing dwelling, which will also be within the rear yard setback.
  2. This is a pre-existing, non-conforming structure, having been built in 1982.
  3. The lot coverage will increase from 9.39% to 11.04 %.
  4. The project falls under the 10-year protection coverage of MGL.
  5. The rear setback of the proposed porch will increase the existing intrusion into the rear setback by 1 foot.
  6. There is one letter of approval from an abutter.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. The proposed addition will not be significantly more deleterious to the neighborhood than the existing building.
  10. This is not a significant development.

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

At 7:10 pm, Chair Roger Putnam announced that Hearings 18-05, 18-06, and 18-07 would be heard at the same time in order to have discussion / questions regarding the applications.

18-05   Martha R. Wilson, Trustee of The Martha R. Wilson Living Trust Agreement, 56 Indian Neck Road, Map 28, Parcel 48, Appeal from Person Aggrieved regarding Stop Work Order dated January 18, 2018.  The Board consisted of Roger Putnam, Sharon Inger, Bruce Drucker, Mick Lynch and Reatha Ciotti.  Attorney Andrew Singer, Attorney for Ms. Wilson, stated there are 3 applications.  He reviewed the property dimensions and what is currently on it.  He stated Ms. Wilson has been in Wellfleet for approximately 35 years.  She would like to have the garage for storing materials.  The immediate abutter (to her west) has sued Ms. Wilson in the past.  He stated this is a pre-existing non-conforming lot which was developed prior to Wellfleet zoning bylaws.  A building permit was issued in 2010 for the main dwelling and garage, and a COO was issued in 2012 for both buildings.  In November 2017, another building permit was issued in error for the garage and the Building Inspector issued a stop work order.  Attorney Singer feels the stop order was issued in error because it could have been completed with the 2010 building permit or under the 2017 permit.  The setbacks have been set by the court case and analysis of the title history was provided to the Board and the Building Inspector.  The garage itself complies with the setbacks, except for the side setback, and feels it is permitted under the court case as well as paperwork documenting common ownership with any adjacent land since at least 1955.  M.L.G. 40A, Section 6 and WZB 6.1 meets the setbacks on grandfathered residential lots.  The setbacks are protected and the Building Inspector’s decision is in error and building should commence.

Attorney Jean Kampas from Nutter represented Miriam Eisinger, the abutter.  She stated all requests from Ms. Wilson be denied due to the size of the proposed two-story accessory garage and studio, plus a large sundeck.  The project is the size of a primary residential structure rather than an accessory garage/studio structure.  The project does not satisfy existing side yard setback requirements which would be located at approximately 5.8 feet from the westerly property line.  The 2010 Building Permit cannot lawfully authorize the 2017 project.  This is not a vacant lot, and cannot claim there are no setbacks.  The 2010 building permit has expired and it didn’t allow accessory buildings on this lot due to size.  She stated this project was abandoned for the 2010 permit.  Ms. Wilson is planning on living in the dwelling on a full time basis. 

Attorney Singer stated Ms. Eisinger’s property has 2 principal dwellings and has a setback issue as well which is within approximately 8 feet from the setback.  He stated he feels the setback is still protected.

Letters of support for Ms. Wilson were read into the record from Doris Toko Glennon, Dale Donovan, Sylvia Smith, and Lois Rustia.  Maureen Schraut, abutter, stated Ms. Wilson has been a good citizen, and she went through the previous court cases with her.  Attorney Sarah Turano- Flores stated she was involved in the previous court case which was for the septic system and potable water, and the original plan for the dwelling was a larger  house.  Ms. Eisinger is concerned with the bathroom and studio and the impact on water and septic.  Attorney Singer stated Ms. Wilson built a 3-bedroom dwelling in 2010 and the bathroom in the studio will not affect the water or septic since it is bedroom count that matters.  He referenced the state law regarding setbacks that were previously developed.  

     

Ms. Wilson stated it had been her intent to live at the property in 2002, and she would like to live there permanently now.   She has rented the property for several years to recoup financially.  She stated there is no basement in the house and the current garage will not fit her van or lawn furniture.  She doesn’t intend to live in the studio.    

Roger Putnam suggested both parties have a discussion to try and solve the problem and ask for a continuation.   

Reatha Ciotti stated she is concerned with setback issue, Bruce Drucker stated this is not a variance case or a special permit case if there is a pre-existing non-conforming structure on the property.  He feels the accessory building would be considered detrimental to the neighborhood.  The issue is the so-called grandfathering – does 40 B Section 6 work with the accessory building being built after the main dwelling is constructed.  He recommended the parties try to work it out. 

Attorney Singer requested a continuation to April 19, 2018.  Mick Lynch moved to continue all 3 hearings to April 19, 2018; seconded by Sharon Inger; passed 5-0.

18-06  Martha R. Wilson, Trustee of the Martha R. Wilson Living Trust Agreement,  56 Indian Neck Road, Map 28, Parcel 48, Application for a Special Permit under WZB  6.1.5 and 8.4.2 and M.G.L. Chapter 40A, Section 6, to complete construction of a detached accessory two-car garage with art studio above.

Same board: 

16-07  Martha R. Wilson, Trustee of the Martha R. Wilson Living Trust Agreement, 56 Indian Neck Road, Map 28, Parcel 48, Application for Variance under WZB .4.3 and M.G.L., Chapter 40A, Section 10 from the provisions of Sections 5.4 and 6.2 to complete construction of a detached accessory two-car garage with art studio above.

Business - none

Meeting Minutes:  Sharon Inger moved to approve the amended 03/15/18 meeting minutes; seconded by Mick Lynch; passed 5-0.

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

Respectfully submitted,

Christine Bates, Committee Secretary