ZBA 10/15/15 Mtg Mins

Minutes of Zoning Board of Appeals Public Meeting

Date:               October 15, 2014

Time:              7:00 PM

Location:        Wellfleet Sr. Center

Attendees:      Vern Jacob, Don Palladino Roger Putnam, Sharon Inger, Trevor Pontbriand and Mary Rogers, Committee Secretary.

Regrets:          Bruce Drucker, Manny Heyliger, William Nicholson, Mick Lynch

Roger Putnam opened the meeting at 7:00 p.m.

15-26   Ennis, 180 Kendrick Ave., Map 20, Parcel 21:  Application for Exemption, Flood Hazard District Regulations under WZB 6.14.3 for an addition to replace an existing bedroom with a master bedroom/bath and modest sunroom.

Roger Putnam said that the applicant asked to withdraw the application without prejudice.  Sharon Inger moved to accept the withdrawal without prejudice; Don Palladino seconded, and the motion carried 5-0.

Public Hearing:

7:02 p.m.

15-31 Saunders,  265 Main St.,  Map 15, Parcel 56, Application for a Special Permit under WZB  6.1.5 and M.G.L. c 40A, §6 to alter a pre-existing, non-conforming structure/use by removing the kitchen from the existing apartment residential dwelling and renovating the existing barn to create a habitable dwelling.  The Board consisted of:  Roger Putnam, Trevor Pontbriand, Vern Jacobs, Don Palladino, and Sharon Inger.

Attorney Ben Zehnder, Mia Saunders and Peter Coneen were present to explain the proposal.  Ben Zehnder reviewed the plan to remove a kitchen from the existing house and put one into the barn.  He stated this will not create an increased use of the property, nor is there an intent to have an intensity of increased property[S1] .  The property is permitted for six bedrooms.  The applicant will be connecting to the Town Water System.  Roger Putnam said another bedroom would not be allowed, but that should be determined with the Board of Health.

Roger Putnam questioned the plan of the bedrooms for the apartment, main dwelling and the barn.  Ms. Saunders, the owner of the property, explained the designation of the outbuilding as a “barn.”  She said that it had been built in 1990 and has been used for storage.  Mia Saunders did not have a date for when the apartment was added to the house.  She said she intended to live in the barn dwelling and sell the main dwelling. Sharon Inger said the plan creates a lot with two houses on it.  The property would become a condominium, according to Ben Zehnder.  Peter Coneen, designer for Ms. Saunders, said that the septic system would be approved by the Board of Health.

Vern Jacobs reviewed that the purpose of the application was to convert the barn into a one-bedroom dwelling.  Trevor Pontbriand said that it seemed to be creating an intensity of use.  He asked for proof that indicates the existing structure is a two-family unit.

Ben Zehnder said the character of the neighborhood would not be changed.  The Building Inspector recognizes the two-family use, according to Attorney Zehnder.  He is willing to get a memo from the Building Inspector indicating the existing two-family status of the main dwelling. Trevor Pontbriand suggested that the Building Inspector conduct an inspection after the changes have been made.

Don Palladino asked what would happen if an owner wished to reestablish an art gallery.  He also asked what would happen if the applicant intended to build a new accessory building and later make it habitable.

Roger Putnam polled the Board about conditioning the Special Permit with proof of the two-family status and with abandonment of the art gallery.  The members had reservations about conditional approval, and Vern Jacobs also asked that the word barn be changed.

Ben Zehnder will get a letter from the Building Inspector stating that the existing dwelling is a two-family unit.  He will adjust the language to better reflect the current use of the accessory building.

Trevor Pontbriand moved to continue to Thursday, November 5, 2015.  Sharon Inger seconded, and the motion carried 5-0.

Don Palladino moved to go into Executive Session for a legal matter.  Sharon Inger seconded.  Trevor Pontbriand, Vern Jacobs, Roger Putnam, Don Palladino and Sharon Inger each said yes,.

 The regular meeting was suspended at 7:44 p.m.

Respectfully submitted,                                                

Mary Rogers, Committee Secretary