ZBA-Minutes

Approved

Wellfleet Zoning Board of Appeals

COA, 7:00 pm

Meeting Minutes of March 14, 2019

Attendees:  Roger Putnam, Bruce Drucker, Manny Heyliger, Reatha Ciotti, Sharon Inger, Trevor Pontbriand, Mick Lynch, Wil Sullivan and Christine Bates, Committee Secretary

Regrets:  Jennifer Dalby

7:00 pm

19-03  Susan Leavitt, 180 Commercial Street, Map 21, Parcel 91, Book 31226, Page 106:  Application for a Special Permit under WZB 6.1. to add a porch to front of dwelling, remove larger deck located in back of dwelling, and convert house from two- family to one-family dwelling with reduction of use and lot coverage.   The Board consisted of Reatha Ciotti, Sharon Inger, Trevor Pontbriand, Manny Heyliger, and Mick Lynch.  Tim Dickey represented the applicant.  The deck located on the second floor will be removed.  The structure will become a one-family unit, and a new staircase will be added inside the dwelling.  The Historic Review Committee approved the project.  Sharon Inger moved for Findings of Fact; seconded by Mick Lynch; passed 5-0. 

This is an application for a Special Permit under WZB 6.1 to add a porch to the front of the structure, remove larger deck from the rear of the structure and convert house from a two-family dwelling to a one-family dwelling.

The lot is located in the Central District.

This is a lawfully pre-existing, non-conforming structure having been built in 1863.

The use will be changed from a two-family dwelling to a one-family dwelling.

The use will diminish in going from a two-family to a one-family use.

The lot size is 3,80 square feet.

The lot coverage will increase from 26.7% to 30.7%.

There will be no volumetric increase.

The ZBA has determined that the benefits of this proposal outweigh any adverse effects on the Town and the neighborhood after considering the Special Permit Objectives as set forth in Sec. 8.4.2 of the Wellfleet Zoning Bylaw.

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

15-36  Frederick and Lauren Bromberg (remand hearing); 195 Samoset Ave, Map 28, Parcel 97:  Pursuant to the Memorandum and Order of the Massachusetts Appeals Court in the matter of Janice Coadv v. Frederick and Lauren Bromberg and the Zoning Board of Appeals of Wellfleet, Docket No. 17-P-1255, and the Order of Remand issued by the Land Court in Case No. 16 MISC 000004, the Wellfleet Zoning Board of Appeals for a Special Permit pursuant to the Wellfleet Zoning Bylaws Section 6.1 and G.L. c. 40A, Section 6 to demolish an existing single-family dwelling and construct a new single-family dwelling and grant a floodplain exemption under the Wellfleet Zoning Bylaws Section 6.13 and 6.14 on property located at 195 Samoset Avenue, Wellfleet MA, as shown on Assessors Map 28, Parcel 97 and located in the Residential 1 District.  This matter is remanded to the Wellfleet Zoning Board of Appeals pursuant to the Memorandum and Order of the Massachusetts Appeals Court in the matter of Janice Coady v. Frederick and Lauren Bromberg and the Wellfleet Board of Appeals of Wellfleet, Docket No. 17-P-1255 and the Order of Remand issued by the Land Court in Case No. 16 MISC 000004.

The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger and Mick Lynch, and Attorney Katherine Laughman, [SI1] Town Council joined the Board at the table.   Attorney Ben Zehnder spoke on behalf of the Bromberg’s and gave an overview of the previous hearing held in 2015.  The case was appealed and Land Court upheld[SI2]  the findings of the ZBA.  The Appeals Court remanded the case back to the ZBA to the Board state what is relevant to the criteria of WZB 8.4.2 

Town Counsel advised the Zoning Board of Appeals that ZBA member, Bruce Drucker, could participate in the remand hearing despite not being a member of the Board when the original petition was heard. 

Counsel for the Applicants, Attorney Ben Zehnder, provided the Board with proposed Findings of Facts, which Town Counsel advised the Board could use as an outline for making the Findings required pursuant to the Remand Order, provided the Board reviewed each proposed finding and make its own determination as to whether the criteria was germane and whether the evidence submitted at the original hearing and on remand supported an affirmative Finding that the criteria had been met.  In addition, the Board received and reviewed material submitted by Attorney Robert on behalf of the abutters, which included the Affidavit of David Bennet of Bennet t Environmental Associates, Inc. 

Attorney Jim Roberti represented the Coady’s.  He provided a hand out.  He identified Coady’s house location on a copy of the Assessor’s map as well as all the abutters.  He stated the project would be detrimental to the neighborhood.  Mr. Roberti noted the[SI3]  wells are very close together and are all drawing off the same vein.  Any larger home will use more water and impinge on the neighbors.  Bennett Environmental did a study of the wells and the water.  Although the bedroom count will not change, the house will be impacted with more people and more water use.  In regards to the view, the appraiser stated there will be an 11% loss of view and will impact Coady’s value of his property.  Mr. Roberti proceeded to identify many owners of property in the area which will be affected by the 2nd story.  He stated the Bromberg’s will have a loss of privacy as abutters will be able to look into their windows.  He expressed concern regarding the septic system and its effects on abutters.  He stated there will be an increase in road(s) traffic.  He requested the Board make a site visit and look at the neighborhood.  He stated they will have to build according to FEMA standards.   

Attorney Ben Zehnder represented the Bromberg’s and stated they are here for the remand and that the board has to ascertain clear findings of fact according to our bylaws.  The remand is not here for view, septic, etc. which was already reviewed by the courts.   He stated it is common for people in the neighborhood to add second stories, this one being kept below the maximum height level as well as being moved out of the flood zone.  The Board of Health approved the two-bedroom count, and an alternative septic system would be used.  He stated this is a private road and there is no proof this project will deteriorate the road.  The house was moved away from the FEMA zone and redesigned to reduce impact on abutters.  Attorney Zehnder stated the challenge for the Board is supporting the Findings of Fact.   

Mr. Roberti requested the Board make explicit findings regarding any detriment to the neighborhood, review the file, make a site visit, look at the roads, and review the order from the Court. 

Attorney Roberti and Attorney Zehnder Ben will provide paperwork for the Board to review.  Attorney Laughman, Town Council, stated the Board must provide facts regarding their findings.  Attorney Zehnder stated the Judge did not look at the septic / water issues presented by Bennett Environmental in great depth.  Bruce Drucker noted the remand order states we must review everything under 8.4.2. 

The Board will review paperwork prior to the next hearing.    

Roger Putnam moved to continue to 3/28/19 at 6:00 pm; seconded by Bruce Drucker; passed 5-0             

7:10 pm

18-18  Dana and Colleen Barisano and John and Karen Regan, 1105 and 1115 Cahoon Hollow Road, Map 17, Parcels 9 and 10:  Application for a Special Permit pursuant to M.G.L.c 40A s. 6 and WZB 6.1.5 to alter a pre-existing, non-conforming single family residential dwelling by removing the current structure and build a new dwelling at a relocated lot (Cont’d)

At the request of the applicant, Mick Lynch moved to continue to 04/11/19; seconded by Sharon Inger; passed 5-0.

7:13 pm

19-02  Mark and Erin Popeleski, 99 Holbrook Ave., Map 20, Parcel 136:  Application for a Special Permit under M.G.L. c 40A s. 6 and WZB 6.1.5 to alter a pre-existing, non-conforming single family residential dwelling structure by constructing additions to the south side of the house and constructing a deck and roof deck.   The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger and Mick Lynch.  Attorney Ben Zehnder represented the applicant and requested the Board allow the application to be withdrawn without prejudice; approved unanimously.

Business

 Meeting Minutes

 Sharon Inger moved to approve the 02/14, 19 meeting minutes; seconded by Manny Heyliger; ; passed 5-0.

Bruce Drucker moved to adjourn at 8:35; seconded by Sharon Inger; passed 5-0.