Minutes of Zoning Board of Appeals Public Meeting
Date: October 11, 2007
Time: 7:00 PM
Attendees: Trevor Pontbriand, Bruce Drucker, Roger Putnam, Vern Jacob, Manny Heyliger and Don Pallidino.
Regrets: William Nicholson and Robert Hankey
Chair Pontbriand called the meeting to order at 7:00 p.m. and gave an overview of the hearing process.
Public Hearings:
7:02
01-32 Berry, Dale Ave., Map 23, Parcel 3: Application for a Special Permit under WZB 5.3: Construct 10’ x 12’ horse stable. The Board for this hearing was Trevor Pontbriand, Bruce Drucker, Vern Jacob, Roger and Don Palladino. Kevin Berry stated there will be one horse, and the barn will be located on Berry’s father’s property. Trevor Pontbriand moved for Findings of Fact:
1. The application is for the construction of a 10’ x 12’ horse stable on the applicant’s father’s property, identified as Map 23, Lot 1.
2. The above property is of sufficient size for the proposed use, being over
2½ acres.
3. The proposed use is allowed within the zoning district, with a Special Permit.
4. There was no objection from abutters.
5. The property owner has given permission for the use of his land.
6. Upon testimony from C. Bates, the applicant has received permission from the Board of Health.
Roger Putnam moved the Findings of Fact; passed 5-0. Trevor Pontbriand moved to approve the Special Permit with the following conditions:
1. A stable as defined is an accessory building, and as such, must not be located within the front and/or side setbacks, but it may be located up to 10’ from the rear property line.
2. The Special Permit is for one horse.
Seconded by Bruce Drucker, passed 5-0.
7:15 pm
01-31 Blaustein, 70 Sandpiper Hill Rd., Map 22, Parcel 4: Application for a Special Permit under WZB 6.1.1: Construct 10’ by 12’ shed within setbacks. The Board for this hearing was Trevor Pontbriand, Bruce Drucker, Vern Jacob, Don Palladino and Manny Heyliger. Mr. Blaustein gave an overview of the project, stating the property has a steep sloping rear, so there are not many options for the location of the shed, which he wants to house bikes in. The rear of the property contains a right-a-way so the shed cannot be located there. Pontbriand stated this would not be creating a new nonconformity because the house is
already within the setbacks, however sheds are specifically not permitted within the front setback. Mr. Blaustein stated it would be set approximately 15 to 18 feet from the front property line. The Board discussed other options for the shed, either reducing the size of it, or placing it further back from the front setback. Mr. Blaustein stated there are safety issues as he has tripped several times taking the bikes down the stairs at the rear of the house. Drucker recommended Blaustein come back with a different plan or other options and to request a continuation. Trevor Pontbriand moved to continue to 10/25/07; seconded by Bruce Drucker; passed 5-0.
7:25 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 (Cont’d from 09/13/07). The Board consisted of Trevor Pontbriand, Bruce Drucker, Manny Heylinger, with Don Palladino replacing Robert Hankey, and Roger Putnam replacing William Nicholson. Pontbriand read the meeting minutes of 09/13/07. Drucker read a letter dated 10/5/07 from the National Seashore which revoked their objection to the project. Trevor Pontbriand read a letter dated 10/2/07 from Kopelman and Paige, Town Counsel, commenting on the
application. Ben Zehnder, attorney, stated he concurred with Mary Giorgio’s findings regarding voluntary demolition and not losing their rights. Peter Coneen, architect, gave an overview of the new design, which included reducing the size of the second floor, lowering the elevation, dropping the roof pitch, reconfiguration of the deck location, and providing a construction protocol. The Seashore property will be blocked off and revegetated with native plants. There will be 705 sq. ft. on first floor; and the second floor will be 512 sq. ft. The foundation has been lowered and the height of the ceilings has been reduced. The decking has been reduced in size. The lot coverage is 768 sq. ft., or 16%. The height of the proposed dwelling is 23 feet. The second story deck will not be considered a roof and will allow water to flow through. There was discussion regarding the size of the proposed dwelling in the
neighborhood. Dave James, an abutter one street over, stated half the houses are now two stories. Heyliger questioned if the ceiling in the foundation could be lowered to 7 feet. Coneen stated this is area is being used as storage, a laundry room, and mechanical space, and does not believe the applicant will want this for habitable space. Drucker stated this is the first house to go to two stories on the road and suggested that it may be detrimental. He also expressed concerns about living year round in the National Seashore area. Trevor Pontbriand moved for Findings of Fact:
1. The existing lot is non-conforming due to area and frontage.
2. The existing structure is non-conforming due to intrusions into all setbacks, as well as exceeding the lot coverage.
3. The proposal is to demolish the existing building and construct a two story dwelling on the existing footprint.
4. There will be no increase in lot coverage (16%).
5. There will be a volumetric increase within all four setbacks.
6. The existing setback violation on the east side created by the deck will be reduced by 3 feet.
7. The ridge of the proposed structure will be 7 feet higher than the existing ridge.
8. The proposed decks will be constructed so as not to contribute to lot coverage.
9. The existing intrusions on the National Seashore property, including the driveway, are to be eliminated.
10. The applicant has addressed the concerns of the National Seashore.
11. The existing building is a pre-existing non-conforming structure, having been constructed in 1955.
12. The proposed project is not substantially more detrimental to the neighborhood than the existing home.
Trevor Pontbriand moved the Findings of Fact as written; seconded by Bruce Drucker; passed 4-1.
Trevor Pontbriand moved to grant the Special Permit based on Findings of Fact with the following conditions:
01 The construction protocol, as prepared by the applicant, is to be followed as written (attached to permit).
A discussion followed regarding the National Seashore’s ability to enforce their rights.
The motion to grant the Special Permit was seconded by Bruce Drucker; passed 4-1.
Ben Zehnder requested the removal of the request for a variance; Bruce Drucker moved to remove the variance request; seconded by Trevor Pontbriand; passed 5-0.
7:55 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 (Cont’d from 09/13/07). Trevor Pontbriand recused himself. The Board consisted of Vice Chair Drucker, Roger Putnam, Vern Jacob replacing Robert Hankey, Manny Heyliger replacing William Nicholson, and Don Palladino.
Attorney Ben Zehnder requested a continuation in the hopes there would be a bylaw change at Town Meeting for noncompliant versus nonconforming parcels. After discussion, Zehnder requested a withdrawal without prejudice. Bruce Drucker moved to accept the withdrawal without prejudice; seconded by Roger Putnam; passed 5-0.
Other Business
Denny O’Connell of the Planning Board came forward to discuss a possible change to the Zoning Bylaws regarding non-compliant structures. The Board discussed the proposal, but declined to comment on it formally.
Trevor Pontbriand suggested to O’Connell that the Planning Board may want to consider regulating decks with respect to lot coverage.
Ben Zehnder suggested the Town review the regulations for the National Seashore district regarding lot coverage within the Wellfleet bylaws.
The National Seashore will come to our October 24 business meeting at 8:00 for informal discussion. Site visits will follow.
Roger Putnam moved to approve the 08/09/07 meeting minutes as amended; seconded by Bruce Drucker, passed 4-0.
Roger Putnam moved to approve the 09/13/07 as presented; seconded by Trevor Pontbriand; passed 5-0.
Trevor Pontbriand moved to adjourn at 9:18 pm; seconded by Bruce Drucker; passed 6-0.
Respectfully submitted,
Christine Bates,
Committee Secretary
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