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Minutes of Zoning Board of Appeals Public Meeting
Date: January 11, 2007
Time: 7:00 PM
Place: Wellfleet Senior Center
Attendees: Trevor Pontbriand, Jeffrey Stewart, Vern Jacob, William Nicholson, Bruce Drucker, Robert Hankey, and Christine Bates, Committee Secretary.
Regrets: Charlie Amsler, Roger Putnam
Chair Pontbriand called the meeting to order at 7:00 pm. Pontbriand welcomed Roger Putnam to the ZBA as a new member. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
06-25 Danforth, 5 Holbrook Ave., Map 21, Parcel 105: Application for a Special Permit from WZB 6.21: Affordable Accessory Dwelling Unit (Cont’d from10/12/06). A written Agreement was signed b y the applicant to continue to 03/22/07. Unanimous vote to allow her to continue.
07-01 Black, 85 Chequessett Bluff Rd., Map 19, Parcel 138: Application for a Special Permit under WZB 6.1.5.1(b) to demolish existing garage and rebuild two-car garage with an office space over it. Trevor Pontbriand recused himself. The Board consisted of Jeffrey Stewart, Acting Chair, Robert Hankey, William Nicholson, Vern Jacob, and Bruce Drucker. A site visit was made. Joy Cummings of Architect Studio Ltd. represented the applicant. She gave an overview of the property which is a non-conforming lot and the existing house and garage are in the setbacks. The applicant agreed to reduce one bedroom in the
dwelling for Board of Health reasons. The garage will be a two-car garage with an office space over it. The property came before the ZBA in 1999 and was approved to expand the living space and add a garage. Drucker stated the third floor of the dwelling was not built with a permit and questioned if the property is eligible because it has lost its status as a legally pre-existing building. Drucker stated the proposed garage will double the intrusion on the setback. He questioned the findings in the 2000 decision stating setbacks were not affected, and feels this is detrimental to the neighborhood. Paul Murphy, Building Inspector, stated that after 10 years, the construction is legally recognized. Joy Cummings confirmed the property has been owned by the applicant and they added the illegal third floor. The Board discussed the distance to the abutter on the left of the property, lot coverage and the fact that the proposed garage
is larger than the existing dwelling. Joy Cummings requested to withdraw the application without prejudice. Bruce Drucker moved to allow the applicant to withdraw without prejudice; seconded by Vern Jacob; passed 5-0.
07-02 Dixon, 95 Commercial St., Map 21, Parcel 128: Application for a Special Permit under WZB 5.3 to change the use from a gallery to a yoga and massage studio (Duck Creek Creative Center) The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. Dixon gave an overview of the project. A letter from Health Agent Greenberg, stated there were no problems with proposed project. A letter from property owner, Mac Hay, supported the project. Letters of
support were also received from Bennett and Arleen Schwartz, Judith Blakely, Laura Brown, Jane Baron, Lucile Burt, and Denise Kelly. The Board determined this is a permitted usage in the Central District. Nick Nicholson moved for findings of fact:
1. The proposed business meets the definition of personal service and is an allowed use in the Central District.
2. The proposed business will provide year-round employment in Wellfleet.
3. There were no objection from abutters.
4. There were several letters of support from the community.
5. The proposed business contributes to the diversity of services.
Robert Hankey moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
Conditions:
1. Hours of operation: 7am to 10:00 pm.
07-03 Hay, 91 Commercial Street, Map 21, Parcel 129: Application for a Special Permit under WZB 6.1.1, 5.3.2 and 5.4.12 to include outdoor seating (Mac’s Shack, Inc.). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. Mac Hay and Attorney Ben Zehnder gave an overview of the project, explaining this is an existing, non-conforming restaurant in the Central District with a 90 seat limit. The restaurant uses the parking lot of the Creative Center. Mac stated the fence would stay at its current location and would be further enclosed with another partition. They
propose to move approximately 10 tables outside which would add diversity to the restaurant. A memo was received from Health Agent Greenberg confirming the seating capacity. A letter from abutters Francis and Sharon McGuire, objected to the project due to potential noise. Irmgard Boriskin, an abutter, had several questions for the Board which included if alcohol was going to be allowed outside, whether there will be entertainment, speakers outside, and stated last year there were problems with people leaving beer cans in her yard, and also recommended monitoring in the parking lot after closing hours to make sure staff has left due to the noise level, which interfered with their sleep. She also asked if the conditions would be transferable to another lease. Mac responded they have submitted an application for a seasonal alcoholic license, there is background music in the restaurant, and they will do their best to stop any littering.
He stated people can bring their own drinks , which has been a history of the restaurant, and alcoholic beverages will be allowed only in the fenced area. Robert Hankey recommended abutters call the Police Department if there is a noise problem. Peter Hall from Van Renssealaer’s stated you cannot bring wine and beer into an establishment that has a license. 10 tables would be roped off in the dining room when outside dining was in use, but would be used in the event of rain or inclement weather, keeping the seating to 90 people. Service would end at 10:00 pm. Jeffrey Stewart moved for Findings of Fact:
1. The maximum seating capacity as defined by the Board of Health is 90 seats.
2. The premises has been used as a restaurant for at least 40 years.
3. There will be no increase in the amount of permitted seating.
Robert Hankey moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Trevor Pontbriand moved to approve with Special Permit based on Findings of Fact with the following conditions:
1. The seating capacity will be set by the Wellfleet Board of Health.
2. If the business is sold or leased, the new entity would have to come before the ZBA.
3. Exterior lighting shall be downward and inward.
Seconded by Bruce Drucker; passed 5-0.
07-04 MacDonald / Young, 30 9th Street, Map 40, Parcel 147: Application for a Special Permit under WZB 6.1.5.1 and 8.4.2 to add a deck and garage within front setback or alternately, an application for a variance to construct deck and garage within front yard setback. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. Attorney Ben Zehnder and Christine Young, applicant, gave an overview of the project. The garage would have a storage area over it. The proposal has received approval from the Conservation Commission. Bruce Drucker noted the existing house was
built in 1984 and within the setbacks. Zehnder was unable to locate a Special Permit for building the dwelling and believes the house was able to be built due to the topography. Paul Murphy, Building Inspector, stated at the time the lot was created, there were no setback regulations or “0” setbacks; therefore, the house was built lawfully. Zehnder stated the property has marsh on one side and 3 roads surrounding it and feels there was no common ownership based on the 1888 plan. Zehnder noted there is already an intrusion into the front setback of 9 feet and the proposed garage would not be further than that. Board members expressed concerns including the garage is not a real need, it is more of an intrusion into the setbacks, and could the proposed garage be reduced in size or moved. Ms. Young stated the location was chosen to allow abutter views, as well as the engineers and Conservation Commission playing a
role in the location. Zehnder requested a continuation to February 8, 2007. Trevor Pontbriand moved to continue to February 8, 2007; seconded by Robert Hankey;
passed 5-0.
07-05 Himmelsbach, 140 Grandview St., Map 14, Parcels 117 and 118: Application for a Special Permit under WZB 6.1.5.1 to construct a 13’ x 14’ dining room and exterior staircase or alternately, an application for a variance to construct a dining room and exterior staircase . The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Bruce Drucker. Attorney Ben Zehnder and the contractor gave an overview of the project. The house was built in the 1920’s . The new decks will be at grade on the first floor of the house, and the upper decking will be expanded to be flush with the
stairway. The Board expressed concern with creating new non-conformities, and if the applicant would consider reducing the size of the dining room or matching the construction to the existing upper decking. Attorney Zehnder requested a continuation. Trevor Pontbriand moved to continue to February 8, 2007; seconded by Bruce Drucker; passed 5-0.
Other Business
06-46 Town of Wellfleet, Fire Department, 2896 State Highway, Map 13, Parcel 3: Demolish existing structure and replace with municipal fire station: Application for Variances under WZB 8.4.3 and MA General Laws Chapter 40A, Section 10 from WZB 5.4.2 to allow building within 100 feet of Rte 6 without wood siding, reduce minimum vegetative cover and WZB 5.4.4 permit building to be in excess of 28 feet; and Special Permit under WZB 6.12 for alternative landscaping and perimeter buffering and parking lot plantings specifications (Cont’d from 1212/14/06). This case was continued to January 18, 2007; however, a letter from Attorney Ben
Zehnder dated January 5, 2007 requested a withdrawal of the application without prejudice. Trevor Pontbriand moved to allow the applicant to withdraw the application without prejudice; seconded by Bruce Drucker; passed 6-0.
Trevor Pontbriand moved to adjourn the meeting at 9:45 pm; seconded by Jeffrey Stewart; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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