Print
Share page with AddThis

ZBA Meeting Minutes

Meeting date: 
Thursday, June 19, 2014

Final

Zoning Board of Appeals

Meeting Minutes

June 19, 2014, 7:00 pm

Wellfleet Senior Center

Attendees: Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam, Sharon Inger, Manny Heyliger and Don Palladino

Regrets: Mick Lynch and Sibel Asantugrul

Chair Jacob called to order at 7:00 pm.

7:05 pm

  1. 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.  (Cont’d from 06/05/14).  The Board consisted of Acting Chair William Nicholson, Vern Jacob, Bruce Drucker, Sharon Inger and Roger Putnam.  Attorney Ben Zehnder represented the applicant and stated a plan, for the record, was provided for the average ground elevation and mean ground elevation with the roofline height.    Jeannie Morrow, abutter, questioned if there would be any chimneys or other protruding structures on the roofline and Attorney Zehnder stated that at this point, no.  Attorney Bill Henchy, representing Ms. Morrow, stated there must be strict compliance with the ridge height as shown on the plans, as well as checking on the height during framing and requested there be no new structures on the roofline.  Attorney Zehnder stated there may be some building codes that need to be accommodated such as vents on the roofline.  He was also concerned about the placement of a satellite dish on the property and would be hesitant to have a condition set for it.  Roger Putnam moved for Findings of Fact:
  1. This is an application for a Special Permit under WZB 6.1.5 and 6.24 to remove and replace the existing structure, to add a new foundation with basement level office, alter the first floor, the second floor, the roof, and ad an inset deck.
  2. The property is located at 320 North Circuit Rd., within the CCNS district.
  3. All members serving on the board have visited the property.
  4. The existing structure is lawfully pre-existing and non-conforming.
  5. The non-conformities include lot size, lot coverage and setbacks.
  6. The existing lot coverage exceeds the 5% maximum allowable for the CCNS, with a total of 17.5%.
  7. There will be no increase in lot coverage.
  8. There will be a 50% increase in volume.
  9. There will be no change in use.
  10. There will be no increase in use.
  11. Board of Health Agent Hillary Greenberg has determined that the living area in the proposed basement level is not considered a bedroom according to the Board of Health definition.
  12. The Board of Health has determined that this is a one bedroom structure and has been approved as such.
  13. The proposed alterations conform with the standards and criteria set forth in bylaw section 6.24 National Seashore Park District Special Permit.
  14. The CCNS recommends that a deed restriction be placed on the property to assure that the basement or any basement areas can not be used as a bedroom.
  15. The alterations proposed would not be substantially more detrimental to the neighborhood than the existing structure.
  16. The proposed alterations conform with the district objectives of the National Seashore Park as set forth in section 3.2 of the Wellfleet Zoning Bylaws.

Bruce Drucker moved the Findings of Fact; seconded by Vern Jacob; passed 5-0.

Bruce Drucker moved to grant the Special Permit based on the Findings of Fact with conditions: seconded by Roger Putnam; passed 5-0:

  1. The residence will remain a single bedroom structure and the basement shall not be used as a bedroom.
  2. The minor encroachment by the walkway onto National Seashore Property shall be removed.
  3. The ridge height is to be verified by a licensed engineer after the frame for the structure is in place and before interior finish work begins.
  4. The ridge height is to be limited to two (2) feet increase over the existing ridge height.
  5. No structural aperture(s) including chimneys, to protrude above the ridge line.

Roger Putnam moved the conditions as presented; seconded Vern Jacob, passed 4-1. 

7:00 pm

  1. Robert Bruce and Kathryn Stearns, 105 5th Ave (G Street), Map 40, Parcel 52, Application for a Special Permit under WZB 6.1.5 to increase non-conformity of sideline setbacks with renovation and construction to dwelling which include a master bedroom, outdoor screened porch and boathouse (Cont’d from 05/15/14).  At the request of the applicant, Bruce Drucker moved to continue to 08/07/14; seconded by Roger Putnam, passed 5-0.

7:30 pm

  1. Sarah Groves, 83 Pine Point Road, Map 21, Parcel 50:  Application for a Special Permit under WZB    6.1.5.1(b), 8.2.2 and M.G.L.c. 40A, s.6 to construct an addition and perform alterations to the existing single story wood framed dwelling

Manny Heyliger recused himself.  The Board consisted of Vern Jacob, Bruce Drucker, Roger Putnam, William Nicholson and Don Palladino.  Attorney Ben Zehnder represented the applicant and stated the lot coverage will be 11.84%.  The additions will be on the first (95 sq. ft) and second floor (304 sq. ft) and a front porch was previously approved.  The additions will not be seen by the abutters so there will be no impact in views.  The ridge height will be 22.9 feet.  Roger Putnam moved the Findings of Fact:

  1. This is an application under Wellfleet Zoning Bylaw 6.1.5.1.b to construct an addition at the rear of the property.
  2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2.
  3. The existing non-conformities regarding the structure are intrusion into the side setbacks.
  4. There will be no change in use.
  5. There will be no increase in use.
  6. The building lot coverage will increase from 10% to 11.84%.
  7. There was no objection from abutters.
  8. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.

Roger Putnam moved the Findings of Fact; seconded by Don Palladino; passed

  1. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.

7:47 pm

  1. Robert D. Derow and Joseph A. Wanco, Trustees of Candle Trust of 1999:  Application for a Special Permit under WZB 6.1.5.1(b) and 8.4.2 and M.G.L. c.40A Sec 6 to alter and extend lawful preexisting nonconforming single and two-family residential structures.  Manny Heyliger recused himself.  The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam and Sharon Ingers.  Michele Wanco, Gary Locke and Attorney Lester Murphy came to the table on behalf of the application.  Attorney Murphy gave an overview of the request, stating this is to alter two structures.  There are currently four structures on the property now with 3 single dwellings and one double unit dwelling used as a seasonal rental.  He provided history of a previously approved Special Permit in 2003 allowing two of the structures to be enlarged to two-story dwellings.  Mr. Murphy stated that according to the Assessors office, the property is not defined as a cottage colony.  Three of the buildings are rented year round.  The lot coverage is 8.4%.     He stated the structures are lawfully preexisting.  Gary Locke provided an overview of the increase in structural size and stated the two title 5 septic systems have passed inspection.  He stated the character of the dwellings are in keeping with the neighborhood.  Attorney Murphy referred to the WZB and MGL in arguing that the application meets the criteria of the law.  This property is in Residential 1, the water tests have passed and there will be a reduction in the units from 5 to 4.  The use of the property will not change other than the duplex rented seasonally will become a year round unit.  Attorney Murphy stated this will provide 2 quality year round rental units.

Vern Jacob read a letter of objection from Richard Santorelli,  Richard French stated he had concerns with the project being a cottage colony converting to year round larger residential dwellings, was concerned with the septic and water, and feels there would be more use on the property.  He expressed concern with the amount of congestion on the property and that the care of the property since 2003 has diminished with trash on the property.  He stated fishermen have rented one of the units and their equipment (boats, trailers, etc.) is unsightly and looks like a business on the property.  Mr. French provided a copy of Michele Wanco’s response to him.  Communication from Stuart Gedal and Michele Wanco was read into the record.  Mr. Derow, from the audience, supports this project.

Richard  Pauley spoke as a citizen and stated this is an excellent project for increasingyear round housing.

          

The meeting was closed for open discussion and the Board discussed the following concerns:  The current driveway to the right of the property has an easement through this property, intensity of use, cottage colony cannot be year round and doesn’t fit in our bylaws; the ZBA cannot change the use.  Bruce Drucker stated per the submitted drawings the new unit for the duplex will be 1,100 + sq. ft and the other unit would go from 347 sq ft to 2,220 sq. ft.  The lot coverage changes by 1%.  He stated the 2003 Special Permit doubled the size of the existing year round dwelling and one of the cottages.  He stated the property has been a cottage colony which is a commercial use per the 1975 WZBL and this board cannot change the use to residential.  He stated although the bylaw for cottage colonies is arguably antiquated the board must adhere to it.  A year round structure in excess of 768sf as proposed in the application requires a parcel of 30,000 sq. ft for one structure.  He stated this parcel would be governed by Bylaw 6.1 (cottage colonies).  In reviewing the 2003 special permit, there was no reference for the enlarged cottage being year round.  Chair Jacob polled the Board on their definition of the property and all five agreed they considered this a cottage colony.

 

Chair Jacob stated he feels this should go before the Planning Board for a change in the existing cottage colony by-law and then go before a Town meeting.  Bruce Drucker stated he would request Town Counsel’s opinion on this application through the Town Administrator Chair Jacob moved to continue to 8/7/14; seconded by Roger Putnam; passed 5-0.   

 

Meeting Minutes – to be addressed at the next meeting.

 

Bruce Drucker moved to adjourn at 8:45 pm; seconded by Roger Putnam, passed 5-0.

 

Respectfully submitted,

 

 

Christine A. Bates

Committee Secretary