Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
November 21, 2013, 7:00 pm
Wellfleet Senior Center
Attendees: Vern Jacob, William Nicholson, Many Heyliger, Roger Putnam, Sharon Inger, Don Palladino, Sibel Asantugrul, and Mick Lynch
Regrets: Bruce Drucker
Meeting called to order at 7:00 pm
7:00 pm
13-19 MA Audubon Society’s Wellfleet Bay Wildlife Sanctuary, 291 Route 6, Map 46, Parcel 16: Application for two Variances: WZB 6.5.1.2 (windmills) for a height of 120 feet from grade to the center of the rotor and WZB 6.5.1.4 to allow for a 43 foot diameter of the rotor. At the request of the applicant’s attorney, Roger Putnam moved to allow the applicant to withdraw without prejudice; seconded by Manny Heyliger; passed 5-0. The attorney had also asked the Board if it would be possible to return the filing fee. Roger Putnam moved that there would be no rebate and should there be a new application filed, the full application fee would be required; seconded by Manny Heyliger, passed 5-0
7:05 pm
13-30 Elizabeth J. Mellor c/o Financial Sense, 790 Ocean View Dr., Map 17, Parcel 4, Application for a Special Permit under 6.1.5.2(b) to move dwelling away from coastal bank and construct addition. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Roger Putnam and Mick Lynch. Attorney Zehnder and Chet Lay came to table and new architectural plans were provided for the Board identifying the ridge height. Attorney Zehnder stated the basic plans have not been changed and the applicant still wants a two car garage with a 5’ setback from the road. A letter from the National Seashore dated 11/20/13 was read into the record. Barbara Austin supported the application. After discussion, the Board unanimously agreed they had concerns with a five foot setback from the road. Ed Simpson, abutter, stated he was not sure what his setback was when his special permit was issued, The Board had concerns the calculations were incorrect based on the letter from the
National Seashore. Bob Hayden, builder, volunteered to provide information regarding the moving of the dwelling. Attorney Zehnder stated he will provide new plans identifying the setback as well provide figures of expansion, etc. and requested a continuation. Roger Putnam moved to continue to 12/5/13; seconded by Manny Heyliger; passed 5-0.
7:30 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 (Cont’d from 10/17/13). The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Roger Putnam and Mick Lynch. Attorney Zehnder represented the applicant and he stated a 40’ x 100’ imminent domain was taken by the National Seashore. A revised plan and calculations had been provided to the Board and there were no further changes to the dwellings. The question concerning the paper road on the site plan has been clarified. A letter from the
National Seashore dated November 20, 2013 was read into the record which referred to 6 bedrooms on one lot. Ms. Behan stated there would be a loft area and didn’t feel it would create any additional parking issues. Attorney McCormick, representing abutters, stated his clients are concerned with having additional intensity of use closer to their property. MCCormick stated there are two individual properties that don’t comply and if one of the dwellings is demolished due to coastal erosion, the two properties should not be joined. He stated the existing structures are in the road. Attorney Zehnder stated you can improve pre-existing dwellings according to the bylaws and this project will reduce the intensity of use in the area. Attorney Zehnder circulated a copy of the Elbing’s assessor’s card which identifies the size of their dwelling. The Board of Health approved a septic plan for 6 bedrooms. Ms. Behan stated
access for the construction would be from Ridgeway Road. Further discussion took place regarding the joining of the two properties to one. Attorney Zehnder stated they would be going before the Planning Board which would identify the Pilgrim Road property as unbuildable. Attorney McCormick referenced 6.24 (Nat’l Seashore bylaw), reiterated this is two separate lots which he doesn’t feel can be combined, and questioned mean high water levels, subject to flooding. Attorney Zehnder stated this parcel is at the 12’ height and not subject to flooding. Roger Putnam moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1. This is an application under WZB 6.1.5.2 and 6.24.
2. This property is within the National Seashore.
3. The lots are pre-existing and non-conforming.
4. There will be a volumetric increase of 96 cubic feet.
5. There will be no increase in use.
6. The use conforms to the objectives of the district.
7. There are adequate roads and drainage.
8. There is objection from two abutters.
9. The alteration will not be more substantially detrimental to the neighborhood than the present nonconforming use.
10. Public and private views were considered.
11. There will be a net increase in lot coverage for the combined dwellings of 198 square feet.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact with
conditions; seconded by Manny Heyliger; passed 5-0.
Conditions:
1. Prior to the Certificate of Occupancy on the two dwellings on Ridgeway Road, the dwelling on Pilgrim Road must be removed.
2. The ANR has to be endorsed by the Planning Board with approval of the combination of lots under one ownership and filed with the county.
7:05 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 (Cont’d from 10/17/13). At the request of the applicant, Roger Putnam moved to allow the application be withdrawn without prejudice; seconded by William Nicholson; passed 5-0.
Meeting Minutes
Roger Putnam moved the approve the amended 11/11/13; seconded by William Nicholson; passed 5-0.
Vern moved to adjourn at 8:30; seconded by Nick; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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