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Approved ZBA Mtg Mins

Meeting date: 
Thursday, September 20, 2018

Approved

Zoning Board of Appeals

Meeting Minutes

September 20, 2018   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger, and Reatha Ciotti,

Regrets: Trevor Pontbriand, Wil Sullivan and Mick Lynch. 

7:00 pm

11-24  Cumberland Farms, Inc., 2586 State Hwy, Map 23, Parcel 139:  (Decision of the Zoning Board of Appeals after remand pursuant to Cumberland Farms v. Board of Appeals of the Town of Wellfleet, et.al., Appeals Court decision dated December 2, 2016 in Case No. 16-P-0014, on appeal from the Land Court C.A. No. 12 MISC 459503 (KCL):  Request for one-year extension under WZB 8.4.2.4 and MA General Laws, Chapter 40A, Section 9.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Reatha Ciotti.  Dawn Johnson, Planning Department Manager of Cumberland Farms, Inc. stated the company is requesting a one-year extension in order to have time to fill out the permit applications.  There will be no change to the approved plans.  Bruce Drucker questioned the town providing water to the area, and she replied the town had asked for an extension and the Department of Transportation   stated it would take five years.  The Town submitted a new application to DOT.  To date, it is Ms. Johnson’s information that the Town is in contact with the DOT.  The expiration for the Special Permit Extension Request will be January 26, 2020.  Bruce Drucker moved to grant the one-year extension to the Special Permit; seconded by Sharon Inger, passed 5-0.    

18-15  Abigail O’Hara, 35 Way 60, Map 19, Parcel 16, Application for Variance from the 30 foot front lot line setback for an 8 x 10 shed.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger and Manny Heyliger and Reatha Ciotti.  The Board made a site visit to the site. Ms. O’Hara stated she had previous discussions with her abutters regarding the shed.  Two letters from abutters were read into the record with no objections.  Ms. O’Hara stated she had found a location for the shed but after excavation removing evasive shrubs, the area was on a slope.  Building Inspector, Justin Post, stated he had a discussion with Mr. Grumbach, an abutter, regarding the process of filing with the ZBA.  Roger Putnam stated the road has impinged on Ms. O’Hara’s property and according to the Assessor’s Office, the road goes 12 to 14 feet into her property.  Bruce Drucker stated this is not a case for a variance with regards to the shed.  Sharon Ingers recommended this be filed under a Special Permit based on the setback issue.  Sharon Inger moved to convert the application from a variance request to a special permit; seconded by Reatha Ciotti; passed 5-0.  Bruce Drucker moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.

  1. This is an application for a Variance from the 30 foot front setback for an 8 foot by 10 foot shed.
  2. The dwelling on the lot is a prior existing nonconforming structure having been built in 1945.
  3. The travelled way has encroached upon the front of the lot by 10 feet or more.
  4. The topography is such that the rear (west side) of the cottage is on a sharp drop off.
  5. The site of the shed abuts this same drop off.
  6. The shed will intrude into the front yard setback from the front line by 11 feet.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. There were no objections from abutters (one concern regarding process).
  10. After discussion, the Board deemed a Special Permit adequate to resolve the issue of proximity of the shed to the traveled portion of the way.
  11. The shed placement will not be substantially more detrimental to the neighborhood than the present nonconforming structure.
  12. This is not a significant development.

Bruce Drucker moved the Findings of Fact; Sharon Ingers seconded; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0.

Business 

It was recommended the ZBA have one meeting per month in 2019 based on the number of applications received, and having the ability to schedule additional meeting as necessary. 

Meeting Minutes

Sharon Inger moved to approve the amended Sept 6, 2018 meeting minutes; seconded by Reatha Ciotti; passed 5-0.

Bruce Drucker moved to adjourn at 7:46 pm; seconded by Sharon Inger; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary