Approved Zoning Board Meeting Minutes
Approved
Wellfleet Zoning Board of Appeals
January 9, 2020, 7:00 pm
Council on Aging
Attendees: Sharon Inger, Bruce Drucker, Manny Heyliger, Mick Lynch, Trevor Pontbriand, Wil Sullivan, and Jan Morrissey
Regrets: Reatha Ciotti
7:05 pm
19-30 Barisano, 1115 Cahoon Hollow Road, Map 17, Parcel 10, Application for a Special Permit pursuant to M.G.L.c.40A, s. 6 and Bylaws 6.1.5 and 6.24 to alter a pre-existing, non-conforming single family residential dwelling within the Seashore Zoning District by removing the current structure and building a new dwelling.
The Board consisted of Sharon Inger, Bruce Drucker, Trevor Pontbriand, Mick Lynch and Wil Sullivan, substituting for Reatha Ciotti. Attorney Ben Zehnder represented the applicant. He stated the house will be moved further away from the abutter’s property line with the septic system to be located in the back. The Regan’s, abutters, agreed with the new project location and design of the house. The Regan’s requested a condition be added that states the lower level will not be habitable space and the Barisano’s agreed to planting a buffer with trees. The septic system was approved by the Board of Health. Bruce Drucker moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.
This is an application for a special permit under WZBL 6.1.5 (b)& 6. 24 & MGL c40a, s 6. pursuant to which the applicant seeks to demolish the existing one-story, two- bedroom dwelling and replace it with a one-story, two -bedroom dwelling.
The board has inspected the subject lot and dwelling and has reviewed the application and all documents submitted with the application.
The lot is in the NSP District.
The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1950 according to the Assessor’s Office.
The existing non-conformities regarding the structure are inadequate lot area (3,000 SF where 3 acres is required), front yard setback (4’ existing to dwelling, negative 3’ existing to deck where 50’ is required), side yard setbacks (6’ existing to south, 16’ existing to north where 35’ is required), rear yard setback (32’ existing to dwelling, 27’ existing to deck where 35’ is required), and maximum NSP gross floor area (17.6% lot coverage [527 sq. ft. on 3,00 sq. ft lot] existing where 5% maximum building coverage is allowed for lots containing less than 10,500 sq. ft. of lot area. )
The proposed new dwelling, placed close to the existing footprint, will continue non-conforming in the following areas: front setback 11’ from the dwelling and 2’ from the deck where 50’ is required, side yard setback 9’ from the south and 7’ from the north where 35’ is required, rear yard setback 27 where 35’ is required, maximum NSP gross floor area (24.9 % lot coverage where 5% is allowed for lots containing less than 10,500 sq. ft. of lot area. ).
According to NPS calculations, the property may be increased by 252 square feet to 756 square feet; the applicants propose an increase to 748 square feet.
The current structure is in a state of disrepair. The applicant will remove the current overhead utility lines and replace them with underground electric service thereby improving the physical access to the property and general appearance of the area.
There will be no change in use.
There will be no material increase in use.
The use conforms with the objectives of the NSP district.
A letter was received from the attorney for the nearest abutters in support of the application. The National Seashore Park indicated that they have no objection to the project.
The roads, drainage, and other public services are adequate for the project.
The project has received approval from the Board of Health.
The Board has found pursuant to WZBL 6.24.3:
Landscape will be preserved to the extent possible. A stone retaining wall is proposed to prevent erosion
The applicants propose to install underground utilities
Lighting will be consistent with Wellfleet building code regulations
Lot coverage will be approximately 5 times the required 5%.
The Board has found that pursuant to WZBL 8.4.2.3:
Scenic views from public ways and developed properties have been considerately treated. The proposed new structure will be on or close to the existing property. The proposed new structure will be higher than the existing structure; however, since neighboring home is at a higher elevation then the proposed new structure the increased height of the new structure should not obstruct the neighbor’s view. and, therefore, the board finds that scenic views have been considerately treated by the applicant.
Reasonable efforts have been made to minimize visibility of parking and service areas from public streets.
Traditional public access to or along the shoreline has been maintained.
The proposal will not be more substantially detrimental to the neighborhood (herein considered to be the Ocean View Drive area) than the existing nonconforming structure, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the District Objectives for the National Seashore Park district as provided for in the Wellfleet Zoning Bylaws regarding alteration of non-conforming structures and lots and for granting of a National Seashore Park Special Permit.
In granting the Special Permit, the Board imposed the following condition:
The basement will not be converted into habitable space.
Bruce Drucker moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.
Bruce Drucker moved to grant the Special Permit based on the Findings of Fact with the condition the basement area be non-habitable; seconded by Mick Lynch; passed 5-0.
7:05 pm
19-27 Davis’s Corner LLC, 1446 State Highway, Map 30, Parcel 6: Application for a Special Permit under WZB 5.1 for retail use in Commercial District and WZB 6.3.13 Approval of development of significant impact (Cont’d)
At the applicant’s request, Bruce Drucker moved to withdraw the application without prejudice; seconded by Jan Morrissey.; passed 5-0. Trevor Pontbriand and Mick Lynch recused themselves.
7:30 pm
17-33 Amendment: Thompson / Romano, 5 Holbrook Ave., Map 21, Parcel 105, Modify previously approved Special Permit to replace first floor deck with a first floor enclosed, pervious deck.
The Board consisted of Sharon Inger, Bruce Drucker, Mick Lynch, Manny Heyliger, and Trevor Pontbriand. Attorney Ben Zehnder represented the application. He reviewed the history of the property and the granting of the original special permit. Attorney Zehnder stated the first-floor deck was subsequently enclosed with screens in the warm weather and windows in the colder weather which was not approved at the first hearing. Chair Inger opened the discussion to the public. David Rowell stated the deck was enclosed without permission. He also stated this is a three-story building. He doesn’t feel work should come to the board “after the fact” when the original condition stated construction must meet approved plans. Kathleen Bacon stated she was at the original hearing in 1917 and has watched the construction of the dwelling. She feels there is more square footage than was in the original building and what was approved. She expressed concern with the additional egress on the top floor. She requested the Board follow through with the original conditions. A letter was read into the record from Donna Pickard, abutter, identifying the conditions which were placed on the original special permit and her objection to any changes. Mr. Thompson stated they screened the porch in because they hadn’t been told they couldn’t do it. He stated the Conservation Commission approved all the activity, which didn’t include the porch. Comments were then delivered by Board members. Manny Heyliger expressed concern with the applicant failing to abide by the condition imposed which stated “This building will be built precisely as shown on the approved drawings. No Certificate of Occupancy will be issued unless it does so”. Mr. Thompson stated the Building Inspector had given him approval to build the enclosed porch. Mr. Heyliger stated the enclosed porch should go back to the way it was originally approved. Although there is no roof over the enclosed porch, Mr. Heyliger feels it creates additional living space.
Mr. Thompson stated they were concerned with the safety of their child. The Board asked Building Inspector, Justin Post, if permission was granted and he replied he had requested new plans and never received them from the contractor. Mick Lynch stated he agrees with Mr. Heyliger’s request to return the porch to the original plans. Bruce Drucker stated the applicant is coming forward to make the change legal. Wil Sullivan stated although he was not at the original hearing, it’s obvious the Board didn’t want an enclosed porch. Trevor Pontbriand stated other applicants have come back to the Board, but doesn’t recall the Board imposing this type of condition. Sharon Inger stated she doesn’t consider this a screen porch, it has glass and feels the applicant went outside the conditions. Attorney Zehnder questioned if the applicant can keep the porch or do something smaller. Construction is completed and paid for and he asked if the Board would consider not making the applicant take it down and start over. Attorney Zehnder then requested to withdraw the application without prejudice. Mr. Thompson stated the storm windows that are in there now are can be removed and asked if he can just use the screens. He stated he has done so much for the house which was an eyesore and did everything he could do to make the property better. Trevor Pontbriand recommended the glass windows and screens be removed and leave the knee wall which would be an open deck. After further discussion. the Board requested new plans that show there will be no enclosed porch. Jeanne Shaffer, neighbor, stated she is supporting the application. Attorney Zehnder requested a continuation to February 13, 2020. Trevor Pontbriand moved to continue the hearing to February 132020; seconded by Bruce Drucker; passed 5-0.
Chair Inger stated the Board we received notification from the Court of an order of dismissal for the Bromberg / Coady.
Bruce Drucker moved to approve the December 12, 2019 amended meeting minutes; seonded by Mick Lynch; passed 7-0.
Bruce Drucker moved to adjourn at 8:15 pm; seconded by Trevor Pontbriand; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary