Minutes of Zoning Board of Appeals Public Meeting
Date: February 8, 2007
Time: 7:00 PM
Place: Wellfleet Senior Center
Attendees: Trevor Pontbriand, Vern Jacob, William Nicholson, Charlie Amsler, Roger Putnam, Robert Hankey, and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker and Jeffrey Stewart
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
7:05 pm 06-45 Joyce, Baker Avenue, Map 20, Parcel 57: Application for a Special Permit under WZB 6.1.5 to demolish existing two structures and construct one single family dwelling on existing footprint of current main house (Cont’d from 12/14/06). Meeting minutes of 12/07/06 were read into the record. The Board for the hearing consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, and Charlie Amsler replacing Jeffrey Stewart and Roger Putnam replacing Bruce Drucker, with the applicants’ approval. Joyce supplied new plans for the dwelling as well as a surveyed site plan, as had been requested by the Board. Trevor Pontbriand moved for Findings of Fact:
1. The existing property is nonconforming due to insufficient area and frontage.
2. The existing property is nonconforming due to containing two single family residences.
3. The existing structures are nonconforming due to front, side and rear setback violations.
4. The proposal includes demolition of both structures.
5. The proposal includes rebuilding one new 4 bedroom single family residence substantially within the footprint of the existing easterly structure.
6. The proposal will not create any new nonconformities.
7. The intrusion into the north side setback will be minimally reduced, and the intrusion into the south side setback will be minimally increased.
8. The proposal will significantly reduce the intensity of use of the property.
9. There will be a reduction in lot coverage from 14.87% to 10.56%.
10. There are no objections from abutters.
Trevor Pontbriand moved to approve the Findings of Fact as written; seconded by Robert Hankey, passed 5-0. Trevor Pontbriand moved to approve the Special Permit based on the Findings of Fact, with the following condition:
1. The stairs currently shown off the deck on the south side shall be relocated to the east side of the deck and shall not extend past the east side of the house.
Seconded by William Nicholson; passed 4-1
7:40 pm 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 (Cont’d from 01/11/07). The meeting minutes of 01/11/07 were read into the record. The Board consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, and Vern Jacob replacing Bruce Drucker and Roger Putnam replacing Jeffrey Stewart, with the applicants’ approval. Attorney Ben Zehnder gave an overview of the application. At the previous meeting the Board had questioned the history of the lot; Zehnder provided extensive research on the property.
Discussion took place regarding zoning changes and the effect on conforming and nonconforming lots. Paul Murphy, Building Inspector, stated he has spoken with Town Counsel and they believe the original building permit was granted in error based on the size of the lot and the setbacks, and that the property is not entitled to legal nonconforming status. The proposed new plans would bring the garage 4 feet closer to the house and reduce the setback intrusion by 1 foot. Zehnder asked the Board to consider hearing this as a Variance, and stated how the proposed structure would fit the requirements for a Variance. Trevor Pontbriand stated he would like to get an opinion from Town Counsel to determine if this application should be heard under a Special Permit or a Variance. Pontbriand moved to contact Town Counsel, with a 3-2 resulting vote. Paul Murphy will contact Town Counsel on behalf of the Board, to obtain their opinion.
Pontbriand moved to continue to March 8, 2007; seconded by Robert Hankey; passed 5-0.
8:45 pm 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 (Cont’d from 01/11/07). Trevor Pontbriand read the meeting minutes of 01/11/07 into the record. The Board consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, and Charlie Amsler replacing Jeffrey Stewart and Vern Drucker replacing Bruce Drucker, with the applicants’ approval. Attorney Ben Zehnder and the contractor represented the applicant. Updated site plans were submitted which show no new nonconformity on the south side of the property. Trevor Pontbriand moved to amend the wording in the application to remove the reference to the exterior staircase, which has been eliminated from the proposal; seconded by William Nicholson; passed 5-0. Trevor Pontbriand moved for Findings of Fact:
1. The lot is nonconforming due to insufficient area.
2. The existing structure is nonconforming due to front and rear setback violations.
3. The proposal will not create any new nonconformities.
4. The proposed upper deck will increase the intrusion into the rear setback by 2.5 feet.
5. The proposed project will be under 15% lot coverage.
6. There was no objection from abutters.
7. There is no increase in use.
Robert Hankey moved to approve the Findings of Fact; seconded by William Nicholson; passed 5-0. Robert Hankey moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
8:55 pm 07-09 Hall, 975 Route 6, Map 36, Parcel 188 Application for a Special Permit under 6.1.1, 5.3.2 and 5.4.12 to include outdoor seating with no increase in the allowed number of seats.
The Board consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, Roger Putnam and Charlie Amsler. Peter and Diane Hall gave an overview of the project. A letter from Health Agent, Hillary Greenberg, stated the restaurant is approved for 55 seats. Hall stated the owner of the property wants to keep some of the seats for himself. Hall proposes using approximately 20 seats outside. Trevor Pontbriand moved for Findings of Fact:
1. The maximum seating capacity, as defined by the Board of Health, is 55 seats, to be utilized indoors and/or outdoors.
2. The premises has been used as a restaurant for at least 30 years.
3. There will be no increase in the amount of permitted seating.
4. The proposed outdoor seating will be within the existing fenced area at the rear of the building.
5. There was no objection from abutters.
Robert Hankey moved to approve the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. Robert Hankey moved to grant the Special Permit based on the Findings of Fact; seconded by Trevor Pontbriand, passed 5-0.
Other Business
Trevor Pontbriand moved to adjourn at 9:20 pm; seconded by Robert Hankey; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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