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ZBA 11/19/15 Mtg Mins

Meeting date: 
Thursday, November 19, 2015

Approved

Zoning Board of Appeals

Meeting Minutes

November 19, 2015 7:00 pm

Wellfleet Senior Center

Attendees: Chair Roger Putnam, Sharon Inger, Don Palladino, Trevor Pontbriand, and Manny Heyliger

Regrets:  Bruce Drucker, Mick Lynch and Vern Jacob

Acting Chair Roger Putnam called the meeting to order at 7:00 pm.

8:10 pm

  1. Edward Miller and Teresa Parker, 805 Long Pond Road, Map 16, Parcel 634:  Application under WZB 6.1.5 and 6.24 to make alterations to an existing non-conforming residential structure with an increase in volume within the National Seashore Park District.

The Board consisted of Roger Putnam, Manny Heyliger, Sharon Inger, Don Palladino and Trevor Pontbriand.  Mr. Miller and Ms. Parker gave an overview of the project which is increasing the volume of the dwelling.  He stated repairs are needed within the house due to ancient plumbing, termites, mold, etc.  He stated they wanted to provide a safer access to the attic storage area and would like an interior staircase.  They want to reconfigure the bathroom and bedroom area of the house and add a second bathroom to accommodate older relatives.  There will be no increase in the footprint and a small decrease in the setback.  He provided calculations as required by the National Seashore.  The Board felt the volumetric increase is minor and felt the project was fine.  Manny Heyliger moved for Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.

  1. This is an application for a Special Permit under Wellfleet Zoning Bylaws 6.1.5 and 6.24 to enable the alteration of a single family dwelling.
  2. The dwelling is a lawfully preexisting on-conforming dwelling.
  3. The dwelling was constructed in 1950, according to the Assessor’s records.
  4. The non-conformities include side yard and rear setbacks.
  5. The revised structure will be built on the current footprint.
  6. There will be a 4.5% increase in volume, which will be on the revised second floor.
  7. The uses conform to the objectives of the CCNSP district in which the property is located.
  8. There will be no change in use.
  9. There will be no increase in use.
  10. A letter supporting the project was read at the meeting.
  11. The alterations will not be substantially more detrimental to the neighborhood than the existing non-conforming structure.
  12. The side yard setback intrusion will be slightly reduced.
  13. Public and private views will not be affected.
  14. The proposal is not a significant development.

Manny Heyliger moved to approve the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Don Palladino moved to grant the Special Permit based on the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.

   

7:00 pm

  1. Mia Saunders, 265 Main St., Map 15, Parcel 56:  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 / use by removing the kitchen from the existing apartment residential dwelling and renovating the existing barn to create a habitable dwelling (Cont’d).  The Board consisted of Roger Putnam, Sharon Inger, Manny Manny Heyliger, Don Palladino and Trevor Pontbriand.  Attorney Ben Zehnder stated he has applied for an additional Special Permit for a pre-existing use (apartment).  He reviewed the Findings of Fact which were presented at the November 3, 2015 meeting and stated he disagrees with some of them.  Discussion included the use of the property, the history of the property and the Central  District.  There was never an apartment at the rear of the main house.    Attorney Zehnder stated there is nothing in the bylaws which states that you can’t move one apartment to another location on the property.  He provided Assessor field cards for properties located in Map 15 which have several units in them.    He stated by changing the use into the accessory building, it will not change the look of the property in any way.  Attorney Zehnder provided the applicant’s proposed Findings of Fact, differing somewhat from the Findings of Fact provided by Mr. Drucker at the 11/3/15 meeting. 

An e-mail from Sarah Pechukas Slivka was read into the record and supports the project.  She feels this would allow better use of the property.  Tony Gisone stated Ms. Saunders is a plus to the community and allowed her to have Lunacy Studio for over 9 years at a premium rent.  She stated because of her shop, she met several people and owes that to Mia.  The apartment supplied year round living for several people at affordable rents before it was turned into a gallery.  Judy Goldman, an immediate abutter, stated everything done on the property has been thoughtful.  Stewart Oburst stated Mia is a great neighbor and he has no problem with the use of the accessory building being used.  Amy Marsegila, from Sweet Briar Realty, stated this application is well thought out and it would allow her to reduce the cost of the main house which is on the market.  Richard Wilson stated this is a good idea and the town needs small apartments/living accommodations.  Mia Saunders stated the gallery was in use in 2006, basically using one of the bedrooms.  She rented it to Tony Gisone and allowed her to do what she wanted to do.

Trevor Pontbriand stated that as long as a stove was on the property, it is still considered an apartment and not abandoned.  Discussion regarding the use of the accessory building being used as an apartment took place.  Attorney Zehnder stated 40 A Section 6 allows this as long it is not a more detrimental use.

Attorney Zehnder wanted to add that there are no letters of objections added to the Findings of Fact.  He stated the gallery use will be discontinued.  He stated the problem with the bylaws is that there is protection for the bylaws for Affordable housing but none for the medium range.  He feels the town needs additional housing.

Roger Putnam requested Trevor Pontbriand read the Findings of Fact provided by Attorney Zehnder.

  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 / use by removing the kitchen from the apartment in the existing dwelling and renovating the existing accessory building to create a habitable dwelling.
  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 Central District.
  5. There were  no letters or appearances in opposition to the application.
  6. There were multiple letters and appearances in support from direct abutters.
  7. The lot contains 16,982 ft.² in a district requiring 20,000 square feet minimum lot area;
  8. The lot has 110.03 linear feet of frontage in a district requiring 125 linear feet.
  9. There is a 1641 ft.² dwelling constructed in approximately 1800 per the assessor’s office and a detached 600 ft.² structure constructed in 1992.
  10. The dwelling is a lawfully pre-existing nonconforming structure. The nonconformities include intrusion onto the front and side yard setbacks.
  11. The lot is nonconforming in that it is undersized and there is inadequate frontage.
  12. The application states that the dwelling consists of a main residence and an apartment. The apartment appears to be a kitchen, bedroom and bathroom within the dwelling. Since the dwelling contains two dwelling units it is a multiple family dwelling per the definitions of Wellfleet Zoning Bylaw 2.1
  13. Pursuant to Wellfleet Zoning Bylaw 5.3.1 multiple family dwellings are a prohibited use in all of Wellfleet’s zoning districts other than the Commercial District.
  14. The applicant has submitted a November 3, 2015 email from the Wellfleet Building Commissioner determining that the property is a pre-existing, nonconforming two family use.

15. The application agrees to abandon the multiple dwelling use and the retail use of the main house

16. The application serves to establish a single family dwelling unit in the existing accessory structure. 

17. The applicant has submitted an unsworn affidavit of Judith Howland indicating that the apartment was rented as early as 1953 and was in the dwelling until the house was sold to the applicant in or about 1989.

  1. The apartment was not separately rented or used as a dwelling from approximately 2006 through the present since the applicant rented this portion for use as a gallery, but the kitchen and dwelling facilities were maintained intact.
  2. There was no intention on the part of the applicant to discontinue any use of the apartment, as evidenced by her testimony and her maintenance of the kitchen facilities.
  3. The use of the accessory structure for the second dwelling will not be  more substantially detrimental to the neighborhood than the existing use of the accessory structure for storage 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 central district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.

Trevor Pontbriand moved to accept the Findings of Fact; seconded by Manny Heyliger; passed 4-1.  Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 4-1.                 

Business - none

Meeting Minutes

Sharon Inger moved to approve the amended 11/3/15 meeting minutes; seconded by Don Palladino; passed 5-0.

Roger Putnam moved to adjourn at 8:45 pm; seconded by Sharon Inger; passed 5-0.

Respectfully submitted,