ZBA-Minutes

Approved

Wellfleet Zoning Board of Appeals

COA, 6:00 pm

Meeting Minutes of March 28, 2019

Attendees:  Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger, Mick Lynch, and Christine Bates, Committee Secretary.  Katherine Laughman, Town Council was also present. 

Regrets:  Jennifer Dalby, Reatha Ciotti, Wil Sullivan, Trevor Pontbriand

6:00 pm

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 held the continued remand hearing 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 was 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. (Cont’d).   The Board consisted of Roger Putnam, Bruce Drucker, Mick Lynch, Manny Heyliger and Sharon Inger.  Mick Lynch moved to close the Public Hearing; seconded by Manny Heyliger, unanimously approved.

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 it could as an outline for making the findings required pursuant to the Remand Order, provided the Board reviewed each proposed finding and made 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 Roberti on behalf of the abutters, which included the Affidavit of David Bennet of Bennett Environmental Associates, Inc. 

The Board reviewed each of the proposed findings and discussed whether to accept the finding as proposed or make specific changes.    

Manny Heyliger moved to approve the proposed Findings of Fact; seconded by Mick Lynch; passed unanimously.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed unanimously.  Manny Heyliger moved to grant a floodplain exemption; seconded by Mick Lynch; passed unanimously.  The Board requested that Town Counsel incorporate the proposed changes into the draft provided by the Applicant’s counsel and provide the Board with the finalized version of the Findings of Fact, with all of the Board’s amendments.

Attorney Roberti requested notification of the date of filing the decision.

Business: 

Roger Putnam stated Jessica Dalby has not attended the required number of meetings necessary to remain on the Board.  Roger Putnam moved to request Jessica Dalby resign as an alternate of the Zoning Board of Appeals.

Roger Putnam stated Jan Morrisey has an interest in becoming a member of the Board. 

There was discussion regarding the upcoming Habitat for Humanity hearing and the necessity of distributing copies of the application to the various Departments and Boards in town. 

Mick Lynch moved to adjourn at 6:55 pm; seconded by Manny Heyliger; passed unanimously. 

Meeting Minutes

To be addressed at the April 11, 2019 meeting.

Respectfully submitted,

Christine Bates, Committee Secretary