Approved ZBA Mtg Mins
Zoning Board of Appeals
Meeting Minutes
November 15, 2018 7:00 pm
Wellfleet Senior Center
Attendees: Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger, Trevor Pontbriand, Wil Sullivan, and Reatha Ciotti,
Regrets: Jessica Dalby and Mick Lynch
18-19 Michael Simons & Margaret Sagan, 55 Alves Rd., Map 15, Parcel 136: Application for a Variance pursuant M.G.L. c. 40A, s 10 and Wellfleet Bylaws 8.4.3 and 5.4.2 seeking a five-foot variance from front setback and installing a conforming 10’ x 10’ shed on the property within the front setback. The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger, and Wil Sullivan. Attorney Ben Zehnder gave an overview of the project, stating the lot is almost entirely in the buffer zone. He stated the Conservation Commission does not allow any new construction within the 50’ buffer zone and hesitates to allow construction within the 100’ buffer zone. He stated the hardship is the topography within the wetlands, and the proposed addition would be approximately 40’ away from the improved portion of the road. He stated this is a very modest home and the property owners would like a larger bedroom and entryway. Attorney Zehnder stated this falls under a variance request because of the topography with the wetlands and the slope of the land. The shed would also be a variance request due to the topography of the back yard. Manny Heyliger stated he would vote for this; Sharon Inger has trouble with the hardship issue; Wil Sullivan feels the criteria was met for a variance for the addition and the 5 foot intrusion is not detrimental, but would be reluctant to include the shed. Bruce Drucker doesn’t feel the applicant has met the 4 tests for a variance, and the 30’ front setback was voted on by several groups and the people of the town. He doesn’t feel this meets a monetary hardship or topographical hardship. Attorney Zehnder disagreed with Mr. Drucker regarding topography and the size of the proposed addition. Bruce Drucker stated this is a nonconforming lot and a nonconforming structure and this could be filed as a Special Permit. Wil Sullivan stated there is no detriment to the public with this variance request. Attorney Zehnder requested the Board allow the applicant to amend the application for a Special Permit and requested a continuation to January 10, 2019. Bruce Drucker moved to grant the applicant’s request for permission to amend the variance application and reconfigure it to a Special Permit and continue to January 10, 2019; seconded by Manny Heyliger; passed 5-0.
Business
Meeting Minutes: Sharon Inger moved to approve the 11/1/18 amended meeting minutes; seconded by Manny Heyliger; passed 7-0.
Christine Bates advised the Board she and Chair Roger Putnam were going to meet with a representative from Habitat for Humanity on Wednesday, November 28, 2018.
Bruce Drucker moved to adjourn at 7:45 pm; seconded by Sharon Inger; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary