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Approved ZBA Mtg Mins

Meeting date: 
Thursday, May 5, 2016

Approved

                          

Zoning Board of Appeals

Meeting Minutes

May 5, 2016   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Manny Heyliger, Don Palladino, Mick Lynch, Sharon Inger and Trevor Pontbriand

7:15 pm

  1. J. Dale Sherratt and Beatrice Sherratt, 110 Cliff Road, Map 24, Parcel 120:  Application for a Special Permit under WZB 6.1.5.2(b) to move dwelling from marine scarp¸ reducing it’s size from 2,445 sq. ft to 1,630 sq. ft..  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Don Palladino and Mick Lynch.  Mick stated he has worked on the house in the past.  Attorney Ben Zehnder represented the applicant.  Peter Coneen, designer of the dwelling came to the table as well.  The owners will be removing the two bedrooms from the first level as well as the garage and putting the bedrooms downstairs.  The house will be reduced to 2910 sq. ft   The National Seashore was in favor of the project.  The deck will be reduced in size by half.  Approval was received from the Conservation Commission and Board of Health.  The walls will remain at the location due to potential erosion and be removed in the future.  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 8.4.2 and M.G.L.c 40A,s 6 to alter a pre-existing, non-conforming structure.
  2. The Zoning Board of Appeals has received and reviewed the plans and drawings pertaining to the project all of which are in the file.
  3. The Zoning Board of Appeals has made a site inspection of the subject lot.
  4. The lot is located in the National Seashore Park District.
  5. There were no objections from abutters.
  6. Applicant’s counsel B. Zehnder represented that he spoke with National Seashore planner Lauren McKean on Monday, May 2, 206, and that she told him that they do not have any concerns regarding the application.
  7. The lot contains 52,000 ft.² of land area, a portion of which is not buildable upland, in a district requiring three acres minimum lot area;
  8. The lot has 200 linear feet of frontage on Cliff Road in a district requiring 200 linear feet.
  9. There is an existing dwelling of approximately 3905 ft.² of floor area with approximately 1,121 ft.² of decks.
  10. The dwelling is a lawfully pre-existing nonconforming structure. The nonconformities include intrusion onto the front (easterly) and southerly side yard setbacks.
  11. The lot is nonconforming in that it is undersized.
  12. The dwelling is threatened by encroaching erosion of the easterly coastal dune.
  13. The applicant proposes to remove the westerly garage and first floor two bedroom portions of the dwelling, relocate the two westerly first floor bedrooms to the southeast ground floor area, and move the structure to within 5.0 feet from the easterly sideline of Cliff Road.
  14. The altered dwelling will have approximately 2,910 ft.² of floor area and approximately 835 ft.² of decks.  This will be a reduction of approximately 995 ft.² of floor area and approximately 286 ft.² of decks.
  15. The Board of Health and the Conservation Commission have approved this project.
  16. The area surrounding Locus is comprised of a mix of naturally vegetated land, traveled dirt ways, and cottages and residential structures.  It is located within the Cape Cod National Seashore.  The proposal is consistent with the predominant residential uses in the area and will not support or damage any of the nearby land uses.
  17. Locus is within the subdivision laid out by the Wellfleet By The Sea / A.H. Buffum plan.  It is located off of Cliff Road by way of Pilgrim Road.  Both roads are unimproved dirt ways which provide adequate access to the properties.  The area is sandy loam and has excellent drainage.  Locus is served by existing electrical and telephone service.
  18. There are no known protected habitats or vegetation on site.  Locus has excellent natural drainage and is not sensitive to siltation or groundwater or surface water contamination.  The property is situated near the coastal bank at the Atlantic Ocean which is susceptible to coastal erosion.
  19. The proposal does not contribute to the diversity of services within the Town or the local housing opportunities.
  20. There are no seasonal consequences, including peak period congestion.
  21. There are no preference to local or regional markets or to year-round in preference to seasonal activities:
  22. The applicants expect no effect on year-round residents from their proposal.
  23. There are no public ways or public scenic views at Locus.  The applicants propose moving the existing residence further back from the coastal bank, which will either be neutral towards or improve the scenic views towards the Atlantic Ocean from the nearby privately owned developed property.
  24. The proposed parking area will be in approximately the same location as the existing parking area, and is a simple driveway.  There are no proposed service areas.
  25. There is no public access to the shoreline at Locus.  Existing public access along the shoreline will not be affected by the applicants’ proposal.
  26. The benefits to the Town outweigh any adverse effects upon the Town.

Bruce Drucker moved to accept the Findings of Fact as submitted; seconded by Mick Lynch; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch; passed 5-0.

 7:09 pm

  1. Albert and Pamela Grandin, 22 Kendrick Ave, Map 21, Parcel 110:  Application for a Special Permit under WZB 6.1.5.1(b) to expand an existing deck within the required side yard.  The Board consisted of Roger Putnam, Sharon Inger, Bruce Drucker, Don Palladino and Trevor Pontbriand.  Stephanie Sequin of Ryder and Wilcox gave an overview of the project. The building is non-conforming from the side property line, and the deck will be expanded to 15.8’ from the setback.  There will be landing and stairs to grade.  The septic system will be upgraded and be 5’ above the ground due to ground water problems.  The deck will have to be rebuilt in order for the septic system to be put in.  There will be a door to the decking to allow for a second egress for the dwelling.  Trevor Pontbriand moved for Findings of Fact; seconded by Don Palladino; passed 5-0. 
  1.  This is an application under WZB 6.1.5 (b) to expand an existing deck within the required side yard.
  2. The structure is a prior existing non-conforming structure having been built in 1963 according to the Assessor records.
  3. The non-conformities are lot size, front and side yard setbacks.
  4. The deck will be extended by 20” to the top of the retaining wall required by the Board of Health.
  5. There will be no increase in building volume.
  6. There will be no change in lot coverage.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. The use conforms to the uses of the R1 District.
  10. There are no objections from abutters.
  11. This alteration will not be substantially more detrimental to the neighborhood than the present non-conforming structure.
  12. This alteration will not be a significant development.

Eugena Schafer, abutter, stated she had no objection to this project.

Trevor Pontbriand moved the Findings of Fact; seconded by Don Palladino; passed 5-0.  Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker, passed 5-0.  

7:00 pm

  1. Suzanne Grout Thomas, (Town of Wellfleet), 70 Kendrick Ave, Map 20, Parce4l 6,  Application for a Special Permit under WZB 7.3 to hang two 5’ x 10’ posters on the tennis court to advertise free Shakespeare and to place sandwich boards at split rail fence bordering Kendrick Ave.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Mick Lynch.  Suzanne Thomas stated the signs will advertise Shakespeare events and also place  sandwich boards. At split rail fence.  Roger Putnam moved for Findings of Fact, seconded by Bruce Drucker; passed 5-0.
  1.  This is an application on behalf of the Town of Wellfleet for a Special Permit under WZB 7.3 to hang two 5’ x 10’ posters on the tennis court to advertise free Shakespeare and to place sandwich boards at split rail fence bordering Kendrick Ave.
  2.  The posters and sandwich boards have been utilized for many years by the Town of Wellfleet to promote the Shakespeare performances and other recreational activities during the tourist season.
  3.  The posters and sandwich boards publicize a valid public purpose and have never resulted in public welfare and safety concerns and are unobtrusive.
  4.  There are no objections from abutters or anyone else.
  5.  The posters & the sandwich boards will be in place from approximately June 1, 2016 through September 5, 2016 and are temporary in nature.
  6.  After considering the District Objectives for the zoning district as provided for in WZBL 3.2, the relevant criteria set forth in WZBL 8.4.2, and the objectives of the sign bylaw as provided for in WZBL 7.1 the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.

Manny Heyliger moved the Findings of Fact; seconded by Bruce Drucker, passed 5-0.  Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0.

7:04 pm

  1. Suzanne Grout Thomas, Town of Wellfleet, 35 Kendrick Ave., Map 20, Parcel 9, Application for a Special Permit under WZB 7.3 to hang a 6’ x 14’ banner advertising Summer Recreation Programming on basketball court fence.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Mick Lynch.  Suzanne Thomas stated the signs will be the same as in the past years. Mick Lynch moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.

1.  This is an application on behalf of the Town of Wellfleet for a Special Permit     under WZB 7.3 to hang a 6’ x 14’ banner advertising the Town’s Summer Recreation Programming on the Kendrick Ave. basketball court fence

2.  The banner has been utilized for many years by the Town of Wellfleet to publicize the Summer Recreation Programming during the tourist season.

3.  The banner publicizes a valid public purpose and has never resulted in public welfare and safety concerns and is unobtrusive.

4.  There are no objections from abutters or anyone else.

5.  The banner will be in place from approximately June 1, 2016 through September 5, 2016 and is temporary.

6.  After considering the District Objectives for the zoning district as provided for in WZBL 3.2, the relevant criteria set forth in WZBL 8.4.2, and the objectives of the sign bylaw as provided for in WZBL 7.1 the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.

Mick Lynch moved the Findings of Fact; seconded by Manny Heyliger, passed 5-0.  Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.

Business - none           

Meeting Minutes:    To be addressed at the next meeting.

Roger stated Town Counsel will come to talk to the Board regarding procedures. 

Mick Lynch moved to adjourn at 7:45 pm; seconded by Don Palladino; passed 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary