Minutes of Zoning Board of Appeals Public Meeting
Date: June 14, 2007Time: 7:00 PM
Attendees: Jeffrey Stewart, Vern Jacob, Charles Amsler, Bruce Drucker, William Nicholson, Roger Putnam and Christine Bates, Committee Secretary.
Regrets: Trevor Pontbriand and Robert Hankey
Jeffrey Stewart, Acting Chair, called the meeting to order at 7:00 p.m. Stewart gave an overview of the hearing process.
Public Hearings: 7:04 pm
07-14 Santos-Lord, 121 Indian Neck Rd., Map 28, Parcel 138, Application for a Special Permit under WZB 6.1.5: Extend front of structure 12 feet for additional living area (Cont’d from 05/24/07). Meeting minutes of 4/12/07 were read into the record. The Board consisted of Jeffrey Stewart, Bruce Drucker, Vern Jacob, Charlie Amsler and William Nicholson. Hayward gave an overview of the revised plans which consisted of a second floor with a dormer, eliminating the 12 foot extension to the footprint. The Board was in consensus that the applicant provided the additional materials requested. Jeffrey Stewart moved for Findings of Fact:
1. The property is pre-existing, nonconforming due to lot size.
2. The structure is pre-existing, non conforming due to setbacks on both sides.
3. There will be no change in the footprint.
4. The only new intrusion will be volumetric in nature.
5. No increase or change in use.
6. No objections from abutters.
7. The building inspector will accept the drawings as presented.
Jeffrey Stewart moved to approve the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Jeffrey Stewart moved to approve the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0. .
7:18 pm 07-20 Dixon, 95 Commercial St., Map 21, Parcel 128: Application for a Special Permit under 5.3.2 to sell yoga products. The Board consisted of William Nicholson, Jeffrey Stewart, Bruce Drucker, Roger Putnam and Vern Jacob. Zack Dixon gave an overview of his proposal to be able to sell yoga products at his studio. He would like to sell prepackaged food products as well. The Board discussed the proposal and determined it was appropriate for his yoga studio.
Jeffrey Stewart moved for Findings of Fact:
1. The requested use selling yoga related products is a permitted use in the Central District.
2. It is an accessory use to the yoga studio to which the ZBA has granted a permit.
3. There were no objections from abutters.
4. There was a retail business in the previous space.
Jeffrey Stewart moved to approve the Findings of Fact; seconded by Roger Putnam; passed 5-0. Jeffrey Stewart moved to approve the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
7:24 pm 07-15 Nickerson Lumber, 45 Commercial St., Map 15, Parcel 102, Application for a Special Permit under WZB 5.3.2 and Flood Plain Exemption for the installation of two lumber storage racks within a paved surface yard (Cont’d from 05/10/07). Meeting minutes of 05/10/07 were read into the record. The Board consisted of William Nicholson, Bruce Drucker, Jeffrey Stewart, Roger Putnam, and Vern Jacob. Attorney Duane Landreth agreed to Stewart and Jacob
replacing Robert Hankey and Trevor Pontbriand. Attorney Landreth gave an overview of the additional materials submitted. The package included photographs identifying elevations, samples of shingles, samples of the rack roofing materials, and new surveyed site plans. Landreth stated by taking the materials off the pavement it will improve the appearance of the property, keep materials off the ground and provide a better traffic flow. There was discussion regarding lot coverage and any increase would fall under the request for a Special Permit and it was determined it is already pre-existing and nonconforming. Paul Murphy stated in 1985 the bylaws excluded the marshes and wetlands in lot calculations. He feels the lot was created prior to the change in laws and feels it is grandfathered. It was determined the proposed racks will be within the setbacks and at the proper height. It was noted the Conservation Commission
approved the proposal. Jeffrey Stewart moved for Findings of Fact:
1. This is a pre-existing, non-conforming lot which goes back to at least 1940.
2. The proposed racks will raise building materials that are presently on the ground above the ground.
3. There were no objections from abutters.
4. There is no change or increase in use.
5. The racks are outside of the setbacks.
6. Because the storage racks will remove storage from the ground, it will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws as specified in ZBA
6.14.3.1.
7. The storage racks are to be in compliance in all respects with the State Building Code, as specified in ZBA 6.14.3.2.
8. The project has the approval of the Wellfleet Conservation Commission in accordance with MGL Chapter 131, S. 40, the Wetlands Protection Act, and with the Town of Wellfleet’s Environmental Protection Bylaw.
Bruce Drucker moved the Findings of Fact; seconded by Roger Putnam; passed 5-0.
Jeffrey Stewart moved to approve the Special Permit; seconded by Bruce Drucker; passed 5-0. Bruce Drucker moved to grant the Exemption from the Floodplain bylaw based upon the Findings of Fact; seconded by William Nicholson; passed 5-0.
08:00 pm 07-21 Harper, 335 North Circuit Rd., Map 24, Parcel 99, Application for a Special Permit under WZB 6.1.5 to demolish existing structure and replace with another structure. The Board consisted of Jeffrey Stewart, William Nicholson, Bruce Drucker, Charlie Amsler and Vern Jacob. Attorney Ben Zehnder and Kevin Harper came to the table. Zehnder gave an overview of the project. The structure was built in approximately 1950 and is a pre-existing, non-conforming lot and
dwelling. The new structure will be the identical dimensions and the deck will be reduced by 32 square feet.. The proposal is for a 1 and ½ story home. It will become more conforming on the eastern and northern sidelines. Mr. Harper has received permission from the Health Agent to move the septic system.
An e-mail from abutter Ross to Attorney Zehnder stated he and the applicant had reached an agreement to revise the plan and move the house over to the south an additional five to six feet away from their property and that he had no objection to the project. An e-mail from Scottee Nista of the Cape Cod National Seashore dated 06/11/07 was read into the record stating they objected to the volumetric increase and lot coverage. Lauren McKean of the Cape Cod National Seashore sent an e-mail dated 06/12/07 expressing concerns about the demolition and new construction and stated the lot and its structure would lose any non-conforming zoning status and also cited two court cases. Paul Murphy, Building Inspector, stated he does not agree with the National Parks’ concerns. Attorney Zehnder stated
there is no regulation on volumetric increase in the bylaws. Zehnder stated the cases referred to by the National Seashore (Miller v. Angus and Siepel v. Tainer) were an interpretation of the language in the bylaws of that town and Zehnder distributed paperwork regarding the cases to the Committee Secretary to keep in the record. There was discussion among the Board regarding the National Seashore’s concerns for this case and the Seashore’s previous e-mails and letters for past Special Permit requests. Harper stated he attempted to locate the dwelling as compliant as he could. The elevation of the dwelling will be 26’5”. The volumetric increase will be 57%. There was discussion regarding Wellfleet’s bylaws and the Seashore’s statements regarding condemnation. The Board noted there was no representation from the National Seashore at the meeting to discuss their concerns. Jeffrey Stewart
moved for Findings of Fact:
1. The subject lot is pre-existing, nonconforming by virtue of lot size and frontage.
2. The existing structure is pre-existing, nonconforming by virtue of being on the east and north setbacks.
3. The proposed dwelling will be less intrusive on the setbacks than the existing dwelling.
4. There will be no change in use.
5. There will be a volumetric increase of 57% to the dwelling.
6. One abutter has written in support of the project and the US Department of the Interior has e-mailed an objection to the project stating they “do not agree with the volumetric increase due to proposed section 6.1.5.4 plus lot coverage exceedances in non-conformities and it’s on a small lot” as well as … “concerns about the demolition and new construction proposal…”
7. The proposed dwelling will be brought up to building code.
8. The roof will increase in height 8 ½ feet.
9. The existing structure will be demolished and a new structure will be built in a different location on the property.
10. The dimension s of the footprint will remain the same.
11. The square footage of the decking will be reduced in dimension.
12. The east side setback went from 3’ 7” to 20’; the north side setback went from 6’7” to 20’, the south side setback went from 55’ to 52’ and the west side setback went from 52’ to 35’.
Jeffrey Stewart moved to approve the Findings of Fact; Bruce Drucker seconded; passed 5-0. Jeffrey Stewart moved to approve the Special Permit based on the Findings of Fact with the following condition; seconded by Bruce Drucker; passed 5-0.
CONDITION: The project requires the Board of Health approval.
8:55 07-22 Krasting, 180 Cliff Rd., Map 2w4, Parcel 84, Application for a Special Permit under WZB 6.1.5 to relocate existing structure due to erosion of the coastal bank.
William Nicholson moved to continue the hearing to June 28, 2007 per the applicant’s request; seconded by Bruce Drucker; passed 5-0.
Jeffrey Stewart moved to adjourn the meeting at 9:05 pm; seconded by Vern Jacob; passed 5-0.
Respectfully submitted,Christine Bates, Committee Secretary
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