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Approved ZBA Mtg Mins

Meeting date: 
Thursday, January 18, 2018

APPROVED

Zoning Board of Appeals

Meeting Minutes

January 18, 2018   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, Trevor Pontbriand, Reatha Ciotti,

Regrets:  Manny Heyliger and Don Palladino 

7:00 pm

17-34  Dennis Melvin, 35 Holbrook Ave., Map 20, Parcel 138, Application for a Special Permit under WZB 6.1.5 to demolish and rebuild two structures on same location, but raise houses 8 feet up on piers and a floodplain exemption pursuant to WZB 6.13 and 6.14 (Cont’d).  A letter from Eliza Cox, attorney, was read into the record requesting a withdrawal without prejudice.  This project has yet to be approved by the Board of Health and Conservation Commission.  Bruce Drucker moved to allow the application to be withdrawn without prejudice; seconded by Mick Lynch; passed 6-0.

7:05 pm

17-40  Laurel Nomination Trust (Zimmerman, owner),  715 Chequessett Neck Rd, Map 19, Parcel 113: Application for a Special Permit under WZB 6.1.5.2 and WZB 8.4.2 to demolish and construct new dwelling

The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Trevor Pontbriand and Mick Lynch.  Attorney Sarah Turano Flores represented the applicant and stated she believed zoning requirements have been met with this application, but the lot is undersize.  The property is on the market.  All setbacks are met by the proposed dwelling, and the lot was formed in 1944.  Everything on the property will be removed and replaced with the new dwelling outside of the buffer zone.  A new septic system will be installed.  The dwelling will be 1,140 square feet in size and all new landscaping will take place, enhancing the environment.  There will be screening from the water as well as from the road.  The use will not change nor increase.  This project was approved by the Conservation Commission.  A letter from Mark Rheault, abutter, supporting the project was read into the record.  Attorney Ben Zehnder questioned why this came before the Board and didn’t receive a permit by right.  He stated if the structure meets all the bylaws, doesn’t increase the volume, meets setbacks, etc.  people should be able to build by right.  Building Inspector Justin Post stated the lot size was questionable to him and he and Ms. Flores wanted the abutters to be aware of the projectMs. Flores stated she would like the Board to make a finding that the projected didn’t need a Special Permit.  The rest of the Board concurred.

Sharon Inger moved for Findings of Fact; seconded by Bruce Drucker; passed 5-0.

  1. This is an application for a Special Permit to demolish and rebuild a new dwelling under WZB 6.1.5.2 and WZB 8.4.2 at 715 Chequesset Neck Road
  2. The property is in the R2 District, which is pre-existing and nonconforming in lot size.
  3. The proposed rebuild will be a conforming dwelling in all respects.
  4. There will be a slight increase in volume.
  5. There will be a slight increase in footprint.
  6. There will be no change in use.
  7. There will be no increase in use.
  8. There are no objections from abutters.
  9. The rebuilding will not be more substantially detrimental to the neighborhood than the existing structure.
  10. No Special Permit is technically required in this case, but the application was filed in order to give abutters notice of the project and an opportunity to comment at a public hearing.

Bruce Drucker moved the Findings of Fact; seconded by Sharon Inger, passed 4-1. Bruce Drucker moved to grant the Special Permit; seconded by Sharon Inger, passed 4-1.

7:35 pm

18-01  Ronald and Julia Lavoie, 402 Wilson Ave, Map 30, Parcel 627, Application for a Special Permit under WZB 6.1.5 and 6.24 to construct a second story on the same footprint.  The Board consisted of Roger Putnam, Sharon Inger, Bruce Drucker, Mick Lynch and Reatha Ciotti.  David Amoto represented the applicant.  He gave an overview of the project, and stated the applicants wish to make the dwelling their full-time residence.  No letter was received from the National Seashore.   A letter from the Health Agent, Hillary Greenberg-Lemos, was read into the record regarding the number of bedrooms and an ad the applicants placed on-line for a dwelling sleeping 6 people.  The Assessor’s card identifies the property with 2 bedrooms, sleeping 4 people.  Hillary Greenberg-Lemos requested the response letter from Julia Lavoie not be read because she wanted to have a discussion with Ms. Lavoie first.  Sharon Inger noticed the numbers are not matching on the calculation sheet and architectural plans.  Bruce Drucker stated the applicant will have to get a stamped site plan by an engineer verifying the lot coverage, etc.  and calculations of the increase in living area as required by the WZBL.  Bruce Drucker moved to continue to 03/01/18; seconded by Mick Lynch; passed 5-0. 

Business

A letter from the Cape Cod Commission was read into the record regarding an antenna extension.

Meeting Minutes – to be addressed at the next meeting.

Ben Zehnder recommended that if someone disagrees with the Building Inspector regarding a building permit, they should appeal the decision as a person aggrieved to the ZBA.

Ben Zehnder is trying to find a way to eliminate paperwork and establish an electronic filing system for applications.  There was discussion. The Board would entertain the idea and believes the concept of electronic filing is efficient & convenient, but the board is concerned about whether Wellfleet will provide staff and structural support for electronic filing & the use of electronically filed applications during hearings

Bruce Drucker moved to adjourn at 8:00; seconded by Sharon Inger; passed 6-0.  8:00 pm. 

Respectfully submitted,

Christine Bates, Committee Secretary