Minutes of Zoning Board of Appeals Public Meeting
Date: June 12, 2008
Time: 7:00 PM
Attendees: Roger Putnam, Manny Heyliger, William Nicholson, Don Palladino, Vern Jacob, Manny Heyliger, Helen Miranda Wilson, Tom Reinhart and Christine Bates, Committee Secretary
Regrets: Bruce Drucker and Robert Hankey
Acting Chair William Nicholson called the meeting to order at 7:00 pm. and gave an overview of the hearing process. Helen Miranda Wilson stated she was not going to vote on any hearings tonight.
Public Hearings:
7:05 pm
04-08 Rodolphe Bessette, 2683 State Highway,, Map 15, Parcel 129: The Board consisted of William Nicholson, Vern Jacob, Roger Putnam, Manny Heyliger, and Don Palladino. Mr. Bessette requested a one year extension for his Special Permit. He stated Mobile/Exxon is selling all the Mobile/Exxon properties and is requesting an extension in order to get the property in order for a potential sale. Vern Jacob moved to grant the one year extension; seconded by Roger Putnam; passed 5-0.
7:15 pm
08-16 Douglas Taylor, 2393 Rte 6, Map 23, Parcel 211: Application for a Special Permit under WZB 5.3: Transfer of Leasee Business Ownership for Units #2 and #3. An e-mail from the applicant requested he be allowed to withdraw his application without prejudice. The Board consisted of William Nicholson, Vern Jacob, Roger Putnam, Manny Heyliger, and Don Palladino. Roger Putnam moved to grant the withdrawal without prejudice; seconded by Vern Jacob; passed 5-0.
7:19 pm
08-17 Eunice W. Crosen, 321 Bradford St and 370 Ocean View Dr., Map 24, Parcels 43 & 56: Application for a Special Permit under 6.1.1, 6.1.5.1 and MGL.c.40A & 6 to alter two pre-existing nonconforming structures. Remove cottage 5 and increase Unit 1 and Unit 10. The Board consisted of William Nicholson, Vern Jacob, Roger Putnam, Manny Heyliger and Don Palladino. Attorney Ben Zehnder represented the applicant and gave an overview of the project. Nine cottages are on one parcel of land and cottage #10 is on a separate parcel; cottage #5 is located close to the coastal bank and needs to be removed. A portion of materials from
cottage #5 will be used in cottage #1, adding one additional bedroom and the remainder will be used in Cottage #10, adding a bedroom and additional living space with a second floor. The project has received approval from Board of Health and the Conservation Commission. A letter dated 6/11/08 from the National Seashore was read into the record. Although there are two separate parcels, Zehnder stated the history of all previous hearings in the town have come under one application. There is a private road separating the two parcels which cannot be extinguished; it is part of a filed sub-development plan. Even though they are listed as condominiums according to the Assessor’s records, the cottages cannot be sold because of the regulations in the National Seashore regarding public access. Zehnder stated cottage #10 could be sold separately in the future and should be considered a single family dwelling.
There was discussion regarding the National Seashore’s letter with their concern regarding cottage #10. Discussion took place regarding parking for Cottage #10, as well as the volumetric increase. The basement living area is 587 square feet; the first floor will be 624 square feet and the second floor will be is 360 square feet. The current square footage is 624 square feet. Cottage #10 will be moved to a new location on the lot to accommodate a new septic system, which will provide for parking. Roger Putnam moved for Findings of Fact:
1. This is a pre-existing nonconforming lot due to area, setbacks, lot size, and lot coverage having been built in 1953 according to the Assessors records.
2. The proposal mitigates the setbacks of the original lot to some degree.
3. The proposed structure will not be any more detrimental to the neighborhood.
4. The National Seashore considers this as one property.
5. The volumetric increase of cottage #1is to some extent, mitigated by the volume transferred from cottage 5 on the adjacent property.
6. Half of the volume of cottage 5 will be transferred to cottage 1# and half to cottage #10.
7. The property containing cottage #10 can be sold as a separate lot.
8. Bradford Road is part of a subdivision and the difficulty of ascertaining includes abandonment. .
9. The previous existing square footage for all ten cottages was 5,845 square feet.
10. The proposed building coverage for nine cottages will be 5,751 sq. ft.
11. The total number of bedrooms will be unchanged.
12. There is no objection from abutters, but there is a letter from the National Seashore with some concerns.
13. The Board of Health approved the septic upgrade in April 2008 and the Conservation Commission approved this project with an Order of Conditions.
14. The two bedrooms removed from cottage # 5 will be distributed between cottage #1 and cottage #10.
Roger Putnam moved the Findings of Fact as presented; seconded by Manny Heyliger; passed 5-0.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson with conditions:
Condition:
1. The owner must take the necessary steps to ensure no encroaching on adjacent public land and that private use be confined to private land.
Passed 5-0.
8:10 pm
08-18 Andrew K. Parent, 1446 State Highway, Map 30, Parcel 6: Application for a Special Permit under WZB 5.2, 5.3.2 and 8.4.2 for use of center portion of existing building and 12’ x 16’ shed for retail and office space and 2) WZB 5.2, 5.3.2 and 8.4.2 for placement of up to 12 sheds on property to function as retail inventory, and 3) WZB 5.2, 5.3.2 land 8.4.2 for outdoor seating to accommodate public and patrons of bike path. The Board consisted of William Nicholson, Vern Jacob, Roger Putnam, Manny Heyliger, and Don Palladino. Attorney Ben Zehnder and Andrew Parent stated there is an area available for two retail operations in the
General Store, one of which is for the Wellfleet Candy Company. The adjacent area has not been leased as yet. There are currently two sheds on the property for display and the applicant stated he would like to add an additional ten (10) sheds which will be for sale. The applicant would also like to provide seating for people utilizing the bike trail. A letter dated 6/11/08 from the Blakely’s was read into the record supporting the project. The following abutters expressed concern with parking, traffic on LeCount Hollow Road, handicapped spaces available, and the general traffic safety of the area: James Williams, Gail Adams, Elizabeth Lord and Mick Lynch. There were no disclosures regarding Board members associations with the owners of the property. It was determined the impact of traffic to the area will be different for each business and that the seating for the bike trail is permissible because no food
service will be provided.
Attorney Zehnder recommended removing the sheds and seating for the bike trail from the application and go forward with the retail space portion of the application. Zehnder stated the other retail area would be tourist related provided the building inspector approves the business. Zehnder understands the site plan provided for the shed and seating area for the bike trail is not sufficient for the Board.
William Nicholson moved to allow the applicant withdraw the request for sheds and seating without prejudice; seconded by Roger Putnam; passed 5-0. Zehnder stated there will not any changes necessary in the parking for the retail area. Paul Murphy, Building Inspector, stated he did not see an issue with the parking regarding this portion of the application. Zehnder stated they will look at the parking situation when they submit a new application for the sheds and seating area..
Roger Putnam moved for Findings of Fact for section 1 of the application (candy shop and adjacent area)
1. There is no change in use.
2. There is no increase in the size of the structure.
3. One letter supporting the proposal was received.
4. Concern was expressed by abutters with further expansion of use on the property.
Roger Putnam moved the Findings of Fact as presented; seconded by Manny Heyliger; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Vern Jacob with conditions:
Condition:
1. The use of the additional space must be approved by the Building Inspector or at his discretion the ZBA.
The motion passed 5-0.
Roger Putnam moved to authorize Don Palladino to sign the decision as approved by the Board; seconded by William Nicholson; passed 5-0.
Other Business
The Board agreed that all questions regarding the June 26, 2008 Appeals hearings are to be directed to Chuck Sabatt on an individual basis.
Roger Putnam moved to adjourn at 9:20; seconded by Helen Miranda Wilson; passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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