Minutes of Zoning Board of Appeals Public Meeting
Date: February 26, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, William Nicholson, Roger Putnam, Manny Heyliger, Tom Reinhart, Sibel Asantugrul and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker, Don Palladino and Robert Hankey
Chair Jacob opened the meeting at 7:00 pm and gave an overview of the procedures.
Vern Jacob requested the Board make a motion for a six month leave of absence duration for Don Palladino. Tom Reinhart moved to approve the absence; seconded by Roger Putnam, with him adding that he would like a note sent to the Selectmen that Don Palladino is an asset to the Board.
timeMinute2Hour197:02 pm
07-04 MacDonald/Young, 31 9th St., Map 40, Parcel 147, Request for Extension on Order of Conditions. The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Roger Putnam and Tom Reinhart. A letter from Christina Young was read into the record requesting a two year extension. Nicholson moved to approve the two year extension; seconded by Putnam, passed 5-0.
7:05 pm.
08-32 Simpson, 780 Ocean View Dr, Map 17, Parcel 3, Application for a Special Permit under WZB 5.1.5 to relocate pre-existing structure due to erosion of the coastal bank and add a full foundation with full bath and one bedroom (Cont’d from 11/7/08). The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Roger Putnam and Tom Reinhart. Jacob read the meeting minutes of 11/7/08. Attorney Ben Zehnder reiterated the application request, stating the Conservation Commission had approved the project. Zehnder stated this is the same structure with the addition of the walk out basement, thus it would not be more
detrimental to the neighborhood; that there will be no view of the rear of the house from abutters or the neighborhood. Jacob reread the letter from the National Seashore dated October 20, 2008. After Simpson gave an explanation of various pictures he had taken, identifying elevations and the walk out basement, the Board expressed their concerns regarding the height of the dwelling and the siting of the dwelling so close to the road. There was also concern regarding public safety. Zehnder requested a continuation in order to provide new plans. Putnam moved to continue to May 14, 2009; seconded by Nicholson; passed 5-0.
7:45 pm
09-08 Hay (Mac’s Shack), 91 Commercial St., Map 21, Parcel 129, Application for a Special Permit pursuant to MGL Ch. 40-A to relocate the existing walk-in refrigeration system approximately 8 feet to the south and to convert/replace temporary awning with a permanent wooden awning. The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Roger Putnam and Tom Reinhart. Attorney Ben Zehnder and Mac Hay stated the walk in cooler is located very close to the marsh edge and needs to be placed in a different location. Hay stated a permanent awning would offer better protection to the patrons and employees as well as reduce the noise
level from the kitchen area by adding plywood or comparable material to the sides, also improving security to the building. Letters from Stedman, Gutierrez and Hergott, Andrews, and Schnare were read into the record, objecting to the permanent awning. David Schnare, an abutter, stated the neighborhood has changed and he doesn’t enjoy his property anymore based on the noise, traffic, and all day intrusion.
Zehnder stated the application is for the walk in cooler and to convert/replace the temporary awning, not changing the use in any manner. He stated this is a mixed use neighborhood at an intersection of Commercial and Railroad Ave. The Board did not object to moving the walk in cooler, but had concerns regarding the awning, such as changing the Central District’s character and lot coverage.
Attorney Zehnder requested the application be amended to remove the request for altering the awning and for the Board to vote on the relocation of the walk in cooler.
Roger Putnam moved to approve the request; seconded by Tom Reinhart; passed 5-0.
Nicholson moved for Findings of Fact:
1. The structure was built in approximately 1800 according to the Assessors office.
2. The structure is pre-existing, nonconforming
3. The new walk in cooler will result in approximately 40 square foot increase in lot coverage.
4. There is no change in use.
5. The walk in cooler will not be physically observed from the street; therefore, it will not be more detrimental to the neighborhood.
6. The existing freezer is in deplorable condition and needs to be replaced.
7. MacGregor Hay is the owner of the adjacent property which the freezer will be on the property line.
8. MacGregor Hay has a 20 year lease agreement with the owner of the property and has 17 years remaining on the lease.
Roger Putnam moved the Findings of Facts as presented; seconded by William Nicholson; passed 5-0. Based on the Findings of Fact, Roger Putnam moved to grant the Special Permit; seconded by William Nicholson; passed 5-0.
8:40 pm
09-09 Juster, 30 Indian Neck Rd., Map 28, Parcel 44, Application for a Special Permit to replace old decking with new and extend three feet out towards back of property within side setbacks. The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Roger Putnam, and Tom Reinhart. Maria Juster gave an overview of the project, stating they would like to enlarge the decking due to the possibility of a family member being in a wheelchair. A letter from Janet Young, abutter, objected to the project due to blocking their view. The Board in general did not have a problem with the project.
Roger Putnam moved for Findings of Fact:
1. The decking will be a minimal intrusion into the setback.
2. There is no change in use.
3. There was one objection from an abutter.
4. This is a preexisting, nonconforming dwelling.
5. This is a nonconforming parcel.
Putnam moved the Findings of Fact as presented; seconded by Reinhart; passed 5-0. Based on the Findings of Fact, Putnam moved to approve the Special Permit; seconded by Reinhart, passed 5-0.
8:50pm
09-10 Malcynsky, 115 Kendrick Ave., Map 20, Parcel 10: Application for a Special Permit under WZB 6.1.5.1 and 6.14.3 for construction of screen porch and deck and relocation of outdoor shower. The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Roger Putnam and Tom Reinhart. Attorney Jennifer Parkas Ellis represented the applicant and gave an overview of the project, outlining how the project does not conform to Wellfleet’s Zoning Bylaws. The outdoor shower will be located outside of the buffer zone, and the decking will be 15 feet inside the 100 foot buffer zone. There would be 11.5% lot coverage with the
additions. Roger Putnam moved for Findings of Fact:
1. There will be no change in use
2. There will be no increase in use
3. This is a preexisting, nonconforming property
Roger Putnam moved the Findings of Fact; seconded by Tom Reinhart; passed 5-0. Roger Putnam moved to approve the Special Permit based on the Findings of Fact; seconded by Tom Reinhart; passed 5-0 with the following conditions.
1. Have the contractor contact Historical Review Board
2. Determine if the property is listed on the state registry of historical buildings
Other Business
Roger Putnam moved to adjourn at 9:05 pm; seconded by Sibel Asantugrul; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary .
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