ZBA Meeting Minutes

Minutes of Zoning Board of Appeals Public Meeting

Date:               June 5, 2014

Time:              7:00 PM

Location:        Wellfleet Sr. Center

Attendees:      William Nicholson, , Roger Putnam, Sharon Inger, Mick Lynch and Christine Bates, Committee Secretary.

Regrets:          Vern Jacob, Bruce Drucker, Manny Heyliger, Don Palladino and Sibel Asantugrul

Acting Chair William Nicholson opened the meeting at 7:14 p.m. and stated the meeting was being recorded.   

 Public Hearings:

7:00 pm

Debra Orr, 320 North Circuit Rd., Map 24, Parcel 111, Application for a Special Permit pursuant to M.G.L.c. 40A. s 6, WZB 6.1.5 and 6.24 to remove and replace the existing residential structure to add a new foundation with basement level, alter the first floor, second floor and roof, and add an inset deck.  The Board consisted of Acting Chair William Nicholson, Roger Putnam, Mick Lynch and Sharon Inger.  Attorney Zehnder stated the Board of Health and Health Agent Hillary Greenberg-Lemos deemed this a one bedroom dwelling.  The proposal is to remove the structure and the concrete surround and build the structure on the same footprint with 280 square feet of cinderblock removed.  The lot coverage is 17.58%.   The foundation will be cantilevered into the hill and the room in the foundation will be a living area.  The structure meets the National Seashore guidelines of 150% ; the structure will not be visible from other roads and the height of the roof will not impact the abutters to the rear.  The septic components have been upgraded to include UV.  Attorney Zehnder stated there will be a decrease in usage based on the use of the loft by the previous owner and the portion of the foundation does not have headroom due to being built into the hill.  Landscaping will be restored to the original state due to removing the concrete and there will be no damage to environmental resources.  Attorney Henchy, representing the Morrell family, stated they are generally in favor of this project but want a guarantee for strict compliance to ridge heights and roofline and requested they be verified at the time of framing instead of post construction.    

Acting Chair Nicholson read the letter from the National Seashore dated June 2, 2014 expressing their concern of lot coverage and objected to the room in the basement considered by them as being a bedroom.  The owner of the property stated the area would be used as an office.  Roger Putnam requested information on the average height above grade and Attorney Zehnder stated he would get that information from Chet Lay.  Attorney Zehnder addressed the Seashore letter stating they are sending letters to revoke the Certificate of Suspension of Condemnation and he pointed out that an approved Special Permit is not the same as receiving a variance per the 1963 Federal law.  He feels the language in some of the seashore’s letter is not correct because they are questioning the local Health Agent’s determinations as well as questioning the local zoning bylaws.  The board members discussed the merits of the request, and expressed concern with the lot coverage, the increase in habitable space, and materials deconstruction and construction materials going on the National Seashore property.   Attorney Henchy stated he is adamant about the certification of the ridge height which differs from the paperwork submitted and requested the Board require a plan be submitted.  Attorney Zehnder requested a continuation to June 19, 2014.  Roger Putnam moved to continue to June 19, 2014; seconded Mick Lynch, passed 4-0.   

Meeting Minutes

To be addressed at the next meeting.

Sharon Inger stated she had a discussion with an applicant who had received a Special Permit.  The owner had stated she received a letter from the National Seashore and she reduced the amount of work that had been approved.

Mick Lynch moved to adjourn at 8:00 pm; seconded by Sharon Inger; passed 4-0.

Respectfully submitted,                                                

Christine Bates, Committee Secretary