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Approved ZBA Mtg Mins

Meeting date: 
Thursday, November 1, 2018

Approved

Zoning Board of Appeals

Meeting Minutes

November 1, 2018   7:00 pm

Wellfleet Senior Center

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

7;00

18-16  Michael J. and Regina Palumbo, 90 Aunt Sarah’s Way, Map 42, Parcel 58:  Application for Exemption, Flood Hazard District Regulations.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch and Manny Heyliger.  Bob Freeman represented the applicant and gave an overview of the flood zone restrictions.  He stated the proposal is to add a second story to the dwelling.  Overall, the impact within the flood zone will be reduced.  The lower level cannot be used as habitable space.  The project was approved at the Conservation Commission.  The Building Inspector will verify the height of the building when plans are presented to him.  Mick Lynch moved for Findings of Fact; seconded by Sharon Inger; passed

5-0. 

  1. This is an application for a floodplain exemption under WZB 6.14.3 and from the floodplain bylaw, WZBL 6.13.
  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 in the overlay Floodplain District.
  5. There is a dwelling on the lot which the applicants propose to modify by, among other things, adding a deck & screened porch that will both be partially in the floodplain for which the applicants seek this floodplain exemption
  6. There are no objections from abutters.
  7. The applicants have obtained approval of the Wellfleet Conservation Commission in accordance with MGL Chapter 131, S. 40, the Wetlands Protection Act, and with the Town of Wellfleet's Environmental Protection Bylaw
  8. The Board finds that the granting of the exemption will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws.

 

Mick Lynch moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.subject to the following conditions:

  1. The applicants will comply with the State Building Code, Section 744.0.
  1. The applicants are advised pursuant to WZBL 6.14.4 that the issuance of the exemption may result in increased premium rates for flood insurance.
  1. The applicants will remove all habitable space from the lower level of the dwelling.
  1. The Building Inspector will review all drawings & plans for the alteration of the dwelling for compliance with the Wellfleet Zoning Bylaw, including, without limitation, compliance with Wellfleet Zoning Bylaw 5.4.4 regarding the “Maximum Height of Buildings.”

Bruce Drucker moved to grant the Special Permit based on the Findings of Facts and conditions;.

seconded by Sharon Inger; passed 5-0.   

7:20 pm

18-17  Sanford Rose and Connie VanRheenen, 730 Bound Brook Island Rd., Map 6, Parcel 4, Application for a Special Permit under WZB 5.4.2 and 6.24 for a private studio within National Seashore setbacks (previously approved by former Building Inspector).  The Board consisted of Roger Putnam, Sharon Inger, Trevor Pontbriand, Wil Sullivan and Jessica Dalby.  Mr. Rose read the October 26, 2018 letter from the United States Department of the Interior regarding his property.  The letter detailed the setback requirements for the studio.  Mr. Rose stated he followed the direction of the previous Building Inspector and a circle posted to the plan identified the location for the studio.  The Board expressed concerns with the lack of staking the property, the lack of a site plan, and location of the shed which is different from what was originally presented.  Mr. Sanford stated he had no abutter objection.  Sharon Inger moved for Findings of Fact; seconded by Wil Sullivan, passed 5-0. 

  1. This is an application for a Special Permit under WZB 3.4.2 and 6.24 for a private studio within the National Seashore with reduced setbacks as previously permitted by the then Wellfleet Building Inspector.
  2. The lot is located in the NSP district.
  3. The dwelling is a lawfully pre-existing building have been built in 1945.
  4. The original building permit for the studio was issued in 2016, despite the non-conformity with the WZB.
  5. The studio was completed and approved as acceptable in 2016 by the then Building Inspector.
  6. The inspection and approval granted by the then Building Inspector was issued in 2016.
  7. There will be no volumetric increase.
  8. There will be no increase in lot coverage.
  9. There is no increase in use.
  10. There will be no change in use.
  11. The studio will not be more substantially detrimental to the neighborhood than the existing studio because it is the same structure.
  12. There will be no further intrusions into any setbacks.
  13. This is not a significant development

Sharon Inger moved the Findings of Fact; seconded by Wil Sullivan; passed 5-0.  No living space, no heating, no kitchen, no plumbing.  Sharon Inger moved to grant the Special Permit with the following conditions:  There shall be no habitable space, no heating, no kitchen and no plumbing with regard to the studio; seconded by Wil Sullivan; passed 5-0.     

7:40 pm

18-18  Dana and Colleen Barisano and John and Karen Regan, 1105 and 1115 Cahoon Hollow Road, Map 17, Parcels 9 and 10:  Application for a Special Permit pursuant to M.G.L. c. 40A, s. 6 and WZB 6.1.5 to alter a pre-existing, non-conforming single family residential dwelling by removing the current structure and build a new dwelling at a relocated lot.  Attorney Ben Zehnder represented the applicants.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger and Mick Lynch.  Chair Roger Putnam stated the 1115 Cahoon Hollow Rd property came before the ZBA in 2016 to move the house in order to install a new septic system and the application was withdrawn. Attorney Ben  Zehnder gave an overview of the “land for land” swap of property in order to build a new dwelling with a new septic system.  Attorney Zehnder stated they may go to the Planning Board for an ANR.  There are two pre-existing non-conforming properties and structures.  The proposed new building will have a second story.  Mr. Regan stated they have been working with the Barisano’s and feels this would be a win-win situation.  Wil Sullivan stated WZB by-law 4.1 would prohibit the project.  Attorney Zehnder stated this would not reduce the size of the lot.  He highlighted the site plan identifying the two properties and stated this should be a variance based on topography and requested the Board look at the house plans.  Bruce Drucker stated a Special Permit could be granted to replace the house on the existing lot, but applicant could not build a house on a new non-conforming parcel.  Peter Coneen, Architect/Builder, stated this project came down to views for both properties and public views.  Sharon Inger stated the proposed house is too large, and Roger Putnam stated the project should go before the Planning Board.   At the request of the applicants’ counsel, Bruce Drucker moved to continue to Jan 10, 2019; seconded by Manny Heyliger; passed 5-0.   

Business – none to discuss

 Meeting Minutes:

Sharon Inger moved to approve the 09/20/18 meeting minutes; seconded by Manny Heyliger, passed 5-0.

The Board welcomed Jessica Dalby as the new alternate member.

Mick Lynch moved to adjourn at 8:10 pm seconded by Trevor Pontbriand; passed 9:0

Respectfully submitted,

Christine Bates, Committee Secretary