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Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
October 17, 2013
Sr. Center
Attendees: Vern Jacob, Bruce Drucker , William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch, and Sibel Asantugrul
Regrets: Sharon Inger and Don Palladino, and Sibel Asantugrul
Chair Jacob opened the meeting at 7:00 pm.
7:00 pm
13-25 Susan Behan, 265 Ridgeway Rd (Map 234, Parcel 146) and 280 Pilgrim Rd (Map 25, Parcel 6): Application for a Special Permit under WZB 6.1.5.2 and 6.24 to remove existing structure at 280 Pilgrim Rd. combine the two parcels of land, and alter the pre-existing dwelling and cottage at 265 Ridgeway Rd. The Board consisted of Vern Jacob, Bruce Drucker , Roger Putnam, Manny Heyliger and William Nicholson. Attorney Ben Zehnder and Peter Coneen, architect, represented the applicant. Attorney Zehnder stated Ms. Behan owns both parcels and the dwelling located at 280 Pilgrim Road is in jeopardy of going over the coastal bank. He stated there was not a quorum at the Conservation Commission so the hearing was continued to November 6, 2013. The applicant proposes to replace habitable space
from the 280 Pilgrim Rd. cottage on the ocean to both units at 265 Ridgeway Road and to combine both lots . Mr. Zehnder provided a narrative identifying the changes in livable floor area and deck area. The single lot will become approximately 40,000 sq. ft. with two dwellings on the one lot which are grandfathered. Attorney Zehnder stated the letter received just prior to the hearing from the National Seashore will require additional time for him to review. He feels this is a net benefit to the town, creating a larger single lot, eliminating a dwelling, opening up a view shed, decreasing site coverage, decreasing habitable space, removing a dwelling from the buffer zone and decreasing vehicle traffic. Attorney Zehnder will speak with surveyor David Lajoie regarding the lot size.
The Board pointed out the site plan is incorrect. There was a question regarding the lot size due to erosion on the coastal bank. Mr. Zehnder explained how the lot size was determined based on the bylaws. The issues with the National Seashore needs to be resolved. The Board questioned the habitable space being utilized in the other dwellings. Attorney Zehnder stated the plan would have to go before the Planning Board for an ANR. Attorney Zehnder stated the project is not increasing the lot coverage and will review the deeds and calculate upland square footage.
Attorney Jack McCormick, who represents two abutters, stated his clients are concerned with the traffic / activity closer to them. Ms. Behan stated she does not rent the property. Attorney McCormick stated his clients are concerned with additional parking and vehicle trips. Peter Coneen stated the bedroom count will not change as it is a permitted shared septic system. Attorney Zehnder stated both dwellings were built prior to 1935 and prior to the enactment of zoning bylaws. Vern Jacob moved to continue to 11/21/13; seconded by Roger Putnam; passed 5-0.
7:40 pm
13-26 Peter Balboni, 175 Nauhaught Bluff Rd., Map 21, Parcel 16: Application for a Special Permit under WZB 6.1.5 for dormer addition, stair bump out and 16’ x 16’ addition. The Board consisted of Vern Jacob, Bruce Drucker , Roger Putnam, Manny Heyliger and William Nicholson. David Karam represented the applicant and stated a dormer to the main structure is within the setbacks along with a bump out for a stairway to the 2nd floor. The 16’ x 16’ addition is not within the setbacks. Mr. Karam distributed a new site plan identifying the existing and proposed lot coverage. Mr. Karam gave an overview of the proposed project and stated the height of the building will not change. The proposed living room will be placed on the existing deck. Mr. Karam stated the
septic system has to be reviewed by the Board of Health because the as-built did not match up with the site plan. An e-mail from abutters Kevin Miller and Herbert Acevedo supported the project. Abutter James Reider objected to the project via e-mail. Mr. Karam stated the property is used as a rental and the second floor is being renovated to increase the height of the ceilings. The Board expressed concern with the lot coverage increasing to 19% from about 12%. Mr. Karam requested a continuation to discuss the project with his client. Bruce Drucker moved to continue to 11/21/13; seconded by Roger Putnam; passed 5-0.
Meeting Minutes
Bruce Drucker moved to approve the amended 09/17/13 meeting minutes; seconded by Roger Putnam; passed 5-0.
Vern Jacob reported Harry Terkanian, Town Administrator, wanted each board to review the Open Meeting laws which has been done by the ZBA.
Vern Jacob motioned to adjourn at 8:45; seconded by Bruce Drucker ; passed 7-0.
Respectfully submitted,
Christine Bates
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