Minutes of Zoning Board of Appeals Public Meeting
Date: March 26, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Manny Heyliger, Roger Putnam, Tom Reinhart, Sibel Asantugrul and Christine Bates, Committee Secretary.
Regrets: Don Palladino
6:45 pm Water Commission presentation with Emily Beebe.
Emily Beebe gave an overview of the proposed warrant / article to be presented at Town Meeting for the construction of a public water system for the central district. She stated the Water Commission had been going to all the Boards and Committees requesting their viewpoints. She stated it is important to go forward with this now because there are many wells that are contaminated and there are approximately 40 people on the wait list for town water. She gave an overview of the anticipated number of hook ups, the anticipated cost of installation, and the benefits to the Town.
Chair Jacob opened the public hearings at 7:07 pm and gave an overview of the procedures.
Public Hearings:
7:07 pm
09-11 Kepes, 305 Way #625, Map 16, Parcel 32: Application for a Special Permit to renovate pre-existing nonconforming studio pursuant to Wellfleet Zoning Bylaws Section 6.1.5 and 6.24. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, Robert Hankey , and William Nicholson. Attorney Ben Zehnder represented the applicant, stating this is an 8 x 8 screened porch addition to the studio and the property consists of a main house, a studio, and a cottage, as well as a shed and privy. The Kepes want to move the kitchen from the cottage to the studio. Zehnder stated this application would not fall under the National Seashore
bylaws but under a Special Permit. The response from the National Park was read into the record stating they had no problem with the addition.
The Board stated this is a minor intensification. The Board questioned if there would be any change or intensification of use with the moving of a kitchen from one building to another.
Vern Jacob adjourned this case at 7:23 pm and stated the Board required additional time to review paperwork provided.
timeHour19Minute247:24 pm
09-12 Freeman, 331 North Circuit Rd., Map 24, Parcel 99: Application for a Special Permit to alter a pre-existing nonconforming structure pursuant to Wellfleet Zoning Bylaw Section 8.4.2 and M.G.L.c 40A S 6 and WZB 5.4.3.1, 6.24.2 and 6.24.3 The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, Robert Hankey and Sibel Asantugrul. William Nicholson recused himself. Attorney Ben Zehnder read the decision of approved Special Permit, 08-22, dated September 24, 2008 and discussed Special Permit 07-21 which was approved prior to the new National Seashore bylaws and could be constructed. Zehnder distributed a copy of the
Certificate of Suspension Condemnation. He requested the Board take into consideration the previous letters of support for 08-22. Zehnder reminded the Board of the changes Freeman made to the plans to accommodate the ZBA which included a reduction in lot coverage, decking, volume, and reduction in height of structure. Zehnder requested the Board review the letter dated 3/25/09 from David Phillips, architect, and described the calculations provided. Zehnder reviewed the considerations of the National Seashore bylaws that the Board would need to consider, covering all the natural resource issues. He stated this project would not have a significant adverse impact on the neighborhood.
A letter of support from T. Colvin was read into the record. A letter from the National Seashore was read into the record dated 3/25/09 objecting to the project. Jacob asked Building Inspector, Paul Murphy, if the project increases the nonconforming nature of the structure. Zehnder stated the letter from the seashore does not identify any specific facts regarding the bylaws.
The Board expressed their concerns regarding the new bylaws and how they apply to this application and the fact that Special Permit 07-21 is still valid. The Board weighed the two Special Permits against each other and determined Freeman’s plans approved in
08-22 were more appropriate for the site. They stated this was a unique hearing because of the previously approved Special Permits and it will set no precedent in any future applications within the National Seashore. There was discussion regarding how future applications should be handled and what information the Board will require. Bruce Drucker moved for Findings of Fact:
1. The subject lot is preexisting nonconforming by virtue of lot size and frontage.
2. The existing structure is preexisting, nonconforming by virtue of being on the east and north setbacks.
3. There will be no change in use.
4. There will be a volumetric increase of approximately 100% to the dwelling.
5. Several abutters have written in support of the project and the US Dept. of Interior has objected to the project.
6. The proposed dwelling will be brought up to building code.
7. The proposed dwelling is not more detrimental to the neighborhood than the existing dwelling.
8. The existing Special Permits 08-22 and 07-21 are active.
9. The project meets the standards and criteria of Paragraph 1-6 of Section 6.24.3 of the Wellfleet Zoning Bylaws.
Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to approve the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Chair Jacob adjourned the meeting at 8:38 pm to allow the Board to review paperwork regarding the Kepes hearing and reopened the meeting at 8:47 pm.
The Kepes hearing, 09-11, was reopened at 8:47 pm with the same Board. Drucker stated the property is lawfully preexisting with a studio, main house and a small cottage with outhouse. He expressed concern with changing the use on the property with two full residences. Zehnder stated the assessors office provided the year the buildings were built and stated this is a multiple dwelling use on one lot, and 40A, Section 6 allows changes. He doesn’t feel this is detrimental to the neighborhood because it is not visible to the neighborhood and the structures are not winterized. There was further discussion regarding the intensity of use in the studio. Zehnder stated once the kitchen is taken out of the cottage, it will become an accessory building.
Vern Jacob moved for Findings of Fact:
1. The subject property is located in the National Seashore District.
2. The main dwelling, studio and cottage are lawfully pre-existing, non-conforming built in the middle of the 20th century.
3. There will be a minimal additional increase on the studio of approximately 64 square feet which does not intrude into any setbacks.
4. The stove will be removed from the cottage and a stove will be placed in the studio.
5. There is no objection from abutters and the project has been approved by the National Seashore.
6. The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming use.
Manny Heyliger moved to accept the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Bruce Drucker moved to approve the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Bruce Drucker moved to adjourn the meeting at 9:25 pm; seconded by Manny Heyliger; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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