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ZBA-Minutes

Meeting date: 
Thursday, February 14, 2019

Approved

Wellfleet Zoning Board of Appeals

COA, 7:00 pm

Meeting Minutes of February 14, 2019

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

Regrets:  Bruce Drucker, Wil Sullivan and Jessica Dalby

7:00 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. (Continued).  The Board consisted of Roger Putnam, Sharon Inger, Manny Heyliger, Mick Lynch, and Reatha Ciotti.  Attorney Ben Zehnder requested a continuation of the application to March 14, 2019 to enable the Planning Board to review the request.  Mick Lynch moved to continue to March 14, 2019; seconded by Manny Heyliger; passed 5-0.

7:28 pm

18-19  Michael Simons & Margaret Sagan, 55 Alves Rd., Map 15, Parcel 136:  Application for a Variance pursuant M.G.L. c. 40A, s 10 and Wellfleet Bylaws 8.4.3 and 5.4.2 seeking a five foot variance from front setback and installing a conforming 10’ x 10’ shed on the property within the front setback. (Continued).  The Board consisted of Roger Putnam, Mick Lynch, Manny Heyliger, Shiaron Inger, and Trevor Pontbriand.  Attorney Ben Zehnder requested the application be withdrawn without prejudice.  Sharon Inger moved to allow the application be withdrawn without prejudice; seconded by Manny Heyliger; passed 5-0. 

7:30 pm

19-01  Michael Simons & Margaret Sagan, 55 Alves Rd., Map 15, Parcel 136:  Application for a Special Permit under M.G.L. c.40A,s. 6 and WZB 6.1.5 to construct a 132 sq. ft. addition to the front of the pre-existing, non-conforming single family dwelling, to enlarge their bedroom and add a mudroom entryway at the front entrance.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  Attorney Ben Zehnder represented the applicant and stated the shed would be eliminated from the application.  The front setback would be minimal.  Mr. James Hood wrote a letter in favor of the project.   Mick Lynch moved for findings; seconded by Manny Heyliger; passed

5-0

  1. The property comprises of approximately 15,800 square feet of land and 100 feet of frontage in the R1 zoning district.
  2. The property is nonconforming as to lot area, frontage and sideline setback.
  3. The applicant proposes to construct a small 132 square foot addition on the east (front yard) side of the existing single-family dwelling in order to enlarge a bedroom and create an entry room.
  4. This addition will be 25 feet from the front lot line where 30 feet is required.
  5. Lot coverage will be minimally intensified, going from 9.6^ to 12.9% but will remain conforming.
  6. The proposal will not be substantially more detrimental to the neighborhood than the existing dwelling, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effect on the Town and the vicinity after considering the Special Permit Granting Objectives as set forth in Section 8.4.2 of the Wellfleet Zoning Bylaws.Mick Lynch moved the Findings of Fact; seconded by Manny Heyliger, passed 5-0.  Mick Lynch moved to grant the Special Permit; seconded by Manny Heyliger, passed 5-0.

7:40 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, Reatha Ciotti, Manny Heyliger, Sharon Inger, and Mick Lynch.  Roger Putnam stated he would like to postpone the hearing for the Historical Board to review the project.  Attorney Zehnder’s abutter list did not match the abutter list provided to the Committee Secretary for abutter notification of the hearing.  Attorney Zehnder requested a continuation to March 14, 2019 to discuss the differences in the abutter list with the Assessor’s office.  Mick Lynch moved to continue to March 14, 2019; seconded by Manny Heyliger; passed 5-0. 

7:05 pm

09-06 Amendment,  Andrew Parkington, Massasoit Hills, Inc., 210 West Road, Map 46, Parcel 1: Amendment to Special Permit 09-06 pursuant to MG.L. c. 40A s. 6 and WZB 6.1.1 to reduce the number of manufactured home units, increase the maximum footprint of units and permit the installation of garden sheds.  The Board consisted or Roger Putnam, Sharon Inger, Manny Heyliger, Mick Lynch and Trevor Pontbriand.  Attorney Ben Zehnder and Andrew Parkington came to the table.  Attorney Zehnder stated the conditions imposed on the trailer park at the harbor were added to the 09-06 Decision for Massasoit Hills Park.  Andrew Parkington wants to reduce the number of units in the park, reducing the number from 113 to 105.  The project will also increase the size of the individual lots to allow people to add a small shed (limited to 80 square feet).  The Conservation Commission has approved the project.  Mr. Parkington stated if the tenants want to do anything on their site, they will require permission from him.    At maximum buildout, including sheds, the lot coverage will be below 15%.  The conditions of Special Permit 09-06 were read into the records.  Decking will not be included in lot coverage.  Mick Lynch moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.

  1. The is an application by Andrew Parkington dba Massasoit Hills Inc. to amend Special Permit 09-06 pursuant to MGL c 40A s 6 and WZB 6.1.1 to reduce the number of manufactured home units, increase the maximum footprint of permitted units and permit the installation of garden shed.
  2. The total number of manufactured homes permitted in the park will be reduced from 113 to 105 units.
  3. The area allowed for each site for lot coverage purposes will be increased from 800 square feet to 1025 square feet.
  4. The total area is 728,553 square feet.
  5. Lot coverage at buildout, if it ever occurs, would be 107,625 square feet, and within the required 15% lot coverage limit of 109,283 square feet.
  6.  Lot coverage would be 14.8%.
  7. Existing lots B21, B16, C20, D1 and M10 exceed the above limits, but any replacement would require conformity with the revised standards. (see above).
  8. The maximum permitted shed area shall not exceed 80 square feet.
  9. There are no objections from abutters.
  10. This plan provides more space per unit of 1,025 square feet, including one shed per unit of no more than 80 square feet, exclusive of uncovered decks.
  11. This plan has been approved by the Conservation Commission.
  12. In all other r3espects, the applicant requests that the conditions imposed in Permit No. 09-06 be retained.
  13. The proposal will not be substantially more detrimental to the neighborhood than the existing dwelling(s), and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effect on the Town and the vicinity after considering the Special Permit Granting Objectives as set forth in Section 8.4.2 of the Wellfleet Zoning Bylaws.

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

Business

There was a discussion regarding starting the meetings at 6:00 pm.  The March 14 will start at 7:00 pm.  The Board will consider starting at 6:00 pm at the March 14, 2019.

Upcoming vacations:  Mick Lynch may be out of town in April 2019.

Mick Lynch talked to Jessica Dalby regarding her position as an Alternate Member and she expressed her desire to stay on the Board. 

Meeting Minutes

Sharon Inger moved to approve the 11/15/18 meeting minutes; seconded by Mick Lynch; passed 6-0.

Mick Lynch moved to adjourn the meeting at 8:00 pm; seconded Trevor Pontbriand; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary