Minutes of Zoning Board of Appeals Public Meeting
Date: September 13, 2007
Time: 7:00 PM
Attendees: Trevor Pontbriand, Bruce Drucker, Robert Hankey, William Nicholson, Roger Putnam, Manny Heyliger and Don Pallidino.
Regrets: Vern Jacob
Chair Pontbriand called the meeting to order at 7:00 p.m. and gave an overview of the hearing process.
Public Hearings:
7:04 pm 05-25 Kenney, 1937 State Hwy, Map 29, Parcel 269.A, Amend Special Permit to enlarge sunroom. This is an amendment to a Special Permit granted on October 12, 2006; Pontbriand read the Findings of Fact from that permit. The Board did not feel the revision to the proposed plans would change the Findings or alter the decision. Pontbriand moved to approve the amendment; seconded by Roger Putnam, passed 7-0.
7:08 pm 07-26 MacGibbon / Richardson, 354 Main St, Map 14, Parcel 8, Application for a Special Permit under WZB 5.3.2 to demolish two retail buildings and replace with one retail structure. Manny Heyliger recused himself. The Board consisted of Trevor Pontbriand, Robert Hankey, Bruce Drucker, William Nicholson and Roger Putnam. Gail MacGibbon, Phil Richardson and Hank Alter gave an overview of the project. The project has been approved by the Conservation Commission and Board of Health, as well as receiving a positive verbal remark from the historical commission. There will be one retail space in the proposed building and there will be no change in use. Pontbriand moved for Findings of Fact:
1. The lot is non-conforming due to insufficient area and frontage.
2. There are presently three (3) structures on the property containing retail trade businesses.
3. The main structure, located at the front of the property, and its uses will remain unaltered.
4. The two structures located in the rear of the property will be demolished and reconstructed as one building of a similar square footage.
5. There will be a significant reduction of the intrusion into the west side setback, notwithstanding the main building.
6. There will be a minimal increase of .6 feet of intrusion into the east side setback.
7. The proximity of the rear structure to the wetlands will be increased.
8. There will be a reduction in the intensity of use of the property.
9. There was no objection from abutters.
10. There will be no change in use.
11. The proposal is not more substantially detrimental to the neighborhood than the existing non-conforming use.
Robert Hankey moved the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey, passed 5-0.
Manny Heyliger returned to the Board.
7:19 pm 07-27 Savage, 400 Nellie Rd., Map 30, Parcel 623.1: Application for a Special Permit under WZB 6.1.5 and MGL c.40A & 6 or in the alternative, a Variance under WZB 5.4 and MGL c.40A & 10 to demolish existing single family dwelling and rebuild a single family home with regard to lot coverage and setbacks. The Board for this hearing was Trevor Pontbriand, Robert Hankey, Bruce Drucker, William Nicholson, and Manny Heyliger. Attorney Ben Zehnder, Architect Peter Coneen, and Suzanne Savage presented an overview of the project. The project has been approved by the Board of Health and the bedroom count will remain the same. The current structure has a crawl space ranging from 2½ to 4 feet. The proposal calls for a full foundation
with the deck remaining on piers. Ms. Savage gave an overview of her history in Wellfleet. Pontbriand read letters of support from Jean Morrow, the Kaddy’s, Steve Rice, the Sexton’s, the Brown’s, the James, and Gigi Ladkowski. A letter from George Price, Superintendent of the National Park Service, expressed their opposition to the project based on lot size, setbacks, lot coverage, no perceived hardship, and the decking being within two feet of the National Seashore property. Sam Genovese, direct abutter, expressed several concerns including the lack of a plan for the west side of the house (the elevation of the proposed house which would hinder his view of the ocean), excavation, truck traffic, potential road damage, and the possibility that his water and/or septic could be affected. Dan Hagen, questioned if this would be considered a three story building and feels it would be detrimental to the neighborhood. Bryton Brown,
abutter, stated he doesn’t feel any views would be obstructed. Laura McKean, National Seashore, stated that voluntary demolition would take away any rights with respect to nonconformity. Attorney Zehnder stated the National Seashore is referencing the language of their own bylaws, and they also referenced Truro’s Bylaws in the letter, not Wellfleet’s. He added that the court cases referenced in the letter are misleading to this hearing. The Board noted that Ms. Savage’s driveway is on National Seashore property. Discussion took place regarding the specific construction of the decks and the related impact on lot coverage. Drucker questioned McKean about the decking on the sideline and how it would be detrimental to the National Park, to which she replied there is potential for spill-over use, and that Ms. Savage has already gone beyond her property bounds. Attorney Zehnder stated there was a deed restriction on the
property which was carried over from the previous owner, but the deed restriction has since expired. Drucker requested Coneen provide some renderings of the proposal in context. Further discussion took place regarding the size of the decking, the height of the dwelling, the driveway intrusion on National Park land, and the need for better plans. The Board requested the applicant provide a site plan showing two parking spaces within the bounds of the property, a plan showing the west elevation, renderings of the proposal, as well as a plan detailing the deck construction. The Board will write a letter to town counsel for clarification on the Seashore’s concerns, and have received permission from Genovese to go on his property to see how this project may affect his views. Pontbriand moved to continue to 10/11/07; seconded by Putnam; passed 5-0.
8:17 pm 07-28 Lamb, 82 Ione Rd, Map 28, Parcel 67: Application for a Special Permit under WZB 6.1.5 and MGL c.40A & 6 or in the alternative, a Variance under WZB 5.4 and MGL c.40A & 10 to demolish existing single family dwelling and rebuild a single family home with regard to lot coverage and setbacks. Trevor Pontbriand recused himself. The Board consisted of Vice Chair Bruce Drucker, Robert Hankey, William Nicholson, Roger Putnam and Don Pallidino. Attorney Ben Zehnder, Architect Alan Dodge, Mrs. Lamb and son, Joe Lamb gave an overview of the project. Joe Lamb stated the structure is a family vacation home, not rented, and is used only in the summer months. A letter from abutter Lyford was favorable and a letter from
David Wright, abutter, objected to the project, and a statement from Health Agent Greenberg indicated it is a three (3) bedroom septic system. Drucker questioned the allowance of 3 bedrooms because a declaration and restrictive order from the Board of Health stated no increase in habitable space is allowed so he will check with the Health Agent. The house was built in 1983 and was built within the setbacks. Drucker questioned if the current dwelling is noncompliant because it wasn’t built with a permit within setbacks, which would make it unable to receive a special permit. Attorney Zehnder stated the lot was formed in 1965 and the deed was given to the Lamb’s in 1966. Zehnder stated the house was not a pre-existing nonconforming dwelling when it was built and feels this house could be considered nonconforming. Drucker stated he will contact Town Counsel for clarification. Ben feels this could go under a variance based on
land issues. Members of the Board expressed concern about an increase in use with the additional bedroom, Wright’s concerns, and the height of the building. Roger Putnam moved to continue to 10/11/07; seconded by Bruce Drucker; passed 5-0. Ms. Lamb stated all the houses around her are two stories.
Trevor Pontbriand returned to the table.
8:56 pm 07-29 Seibert, 20 Mountain Ave, Map 35, Parcel 79: Application for a Special Permit under WZB 6.1.5 and MGL c.40A & 6 or in the alternative, a Variance under WZB 5.4 and MGL c.40A & 10 to add a second floor on a non-conforming dwelling located on a non-conforming parcel. The Board consisted of Trevor Pontbriand, Bruce Drucker, Robert Hankey,William Nicholson and Manny Heyliger. Attorney Ben Zehnder gave overview of the project and history of the property. David McPartland, builder, stated there will be no change in the footprint, and the expansion will be on the front portion of the house. The applicant has to appear before the Board of Health for the increase in habitable space. The enclosed porch will remain as is. After further discussion,
Pontbriand moved for Findings of Fact:
1. The building is pre-existing non-conforming, having been constructed in 1928 according to the Assessors office records.
2. The lot is non-conforming due to insufficient area and frontage.
3. The existing structure is non-conforming due to intrusions into all four (4) setbacks.
4. The proposal is to construct a 2nd story over the front portion of the existing structure.
5. The footprint will remain the same.
6. There will be no further intrusion into the setbacks.
7. There were no objections from abutters.
8. There will be no change or increase in use.
9. The proposed alteration is not more substantially detrimental than the existing structure
Robert Hankey moved the Findings of Fact; seconded by PersonNamePersonNameBruce Drucker; passed 5-0. Trevor Pontbriand moved to approve the Special Permit based on the Findings of Fact with the following conditions: the applicant obtain Board of Health review pertaining to the 09/30/05 letter. Bruce Drucker moved to withdraw the condition based on the Board of Health’s approval of the proposal this year (2007). Attorney Zehnder is to supply a letter from Agent Greenberg documenting said approval. Pontbriand restated his motion to approve the Special Permit; seconded by William Nicholson; passed 5-0.
9:13 pm 07-30 Chivian and Danforth, 129 Way 657, Map 4, Parcel 18: Application for a Special Permit under WZB 5.3 for private stable to house two horses and fowl.
The Board consisted of Trevor Pontbriand,Bruce Drucker, Robert Hankey, William Nicholson, and Roger Putnam. Audrey Danforth stated she has received approval from the Board of Health for the stable. A letter from Chivian stated this is a private stable and gave a background of the stable’s use on the property. Danforth stated the stable is for two horses and three turkeys. The location of the stable is 100 feet from the well and the wetlands. Trevor Pontbriand moved for Findings of Fact:
1. The proposed use is allowed within the district with a Special Permit.
2. The lot area, being nearly three (3) acres, is sufficient for the proposed use.
3. The neighborhood is sparsely populated and is suitable for the proposed use.
4. There was no objection from abutters.
Roger Putnam moved the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. Trevor Pontbriand moved the Special Permit based on the Findings of Fact with the following conditions:
1. The fence be installed subject to the requirements of, and review by, the Board of Health and the Building Department.
2. The number of horses is limited to two (2) and the number of fowl is limited to three (3) turkeys.
Seconded by Robert Hankey; passed 5-0.
Other Business
Roger Putnam moved to approve 06/14/07 meeting minutes as written; seconded by Bruce Drucker; passed 3-0.
Robert Hankey moved to approve 06/28/07 meeting minutes as written; seconded Trevor Pontbriand; passed 6-0.
Roger Putnam moved to approve the 07/12/07 meeting minutes as written; seconded by Bruce Drucker; passed 7-0.
Wednesday, Sept. 27, business meeting at Town Hall at 8:00 am.
Hankey moved to adjourn at 9:40 pm; seconded by Pontbriand; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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