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Minutes of Zoning Board of Appeals Public Meeting
Date: May 14, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vernon Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Manny Heyliger, Roger Putnam, Tom Reinhart, Sibel Asantugrul, Donald Palladino and Christine Bates, Committee Secretary.
Chair Jacob opened the meeting at 7:00 pm and gave an overview of the procedures of the public hearings.
Roger Putnam moved to approve the April 23, 2009 meeting minutes as amended; seconded by Bruce Drucker; passed 5-0.
Public Hearings:
7:02 pm
08-36 Schiffrin, 174 Samoset Ave., Map 28, Parcel 89, Application for a Special Permit for alteration of residential structures under WZB 6.1.5 to remove and rebuild two preexisting nonconforming dwellings (Cont’d from 3/26/09). A letter from Phi Home Designs dated 4/29/09 requested the application be withdrawn without prejudice. Robert Hankey moved to allow a withdrawal without prejudice; seconded by Roger Putnam; passed 5-0.
7:11 pm
08-32 Simpson, 780 Ocean View Drive, Map 17i, Parcel 3: Application for a Special Permit under WZB 6.1.5 to relocate pre-existing structure due to erosion of the coastal bank and add a full foundation with a full bath and one bedroom (Cont’d from 2/26/09). The Board consisted of Vernon Jacob, William Nicholson, Sibel Asantugrul, Roger Putnam and Tom Reinhart. Chair Jacob read the 2/26/09 meeting minutes into the record. Attorney Zehnder stated the new plans demonstrate the height of the house being lowered as well as the removal of the walk out door in the basement. Simpson identified two abutters whose dwellings are 20 to 25
feet from the road. Attorney Zehnder stated there is no change to the design or structure of the house other than a foundation. The Building Inspector was asked if the building plans were sufficient and he stated he feels they should be done by a professional because the project is so large. The Board agreed they would like professional plans and don’t want the height of the structure to exceed 18 feet. Bruce Drucker stated the application requires being heard under the new bylaws. Attorney Zehnder requested a continuation to allow an amendment to the application to include WZB 6.24 . Roger Putnam moved to allow the applicant amend the application and continue the hearing to June 11, 2009; seconded by Robert Hankey; passed 5-0.
7:46 pm
09-06 Harry and Kathleen Parkington, 210 West Road, Map 46, Parcel 1, Book 15661, Page 28: Application for a Special Permit under WZB 8.4.2 and MGL c. 40A, Section 6, petitioner seeks Permit under 6.1.1 and 6.1.5.1 to alter, by replacing 90 existing mobile home units with mobile home units having a maximum of 840 square feet of roofed coverage, but to replace existing mobile home units having over 840 square feet with mobile home units of no more than the same size and to relocate 23 mobile home units having a maximum of 840 square feet of roofed coverable exclusive of decks (Cont’d from 03/12/09). The Board consisted Vernon Jacob, William Nicholson, Tom Reinhart, Roger Putnam, and Sibel Asantugrul. Tim Brady of East Cape
Engineering stated the property line setbacks are identified, noting some units were located to comply with setbacks and the control building for the waste treatment system is identified. He stated four units moved back from the Parkington Hill Road area from the wetlands. Attorney Zehnder stated because this is one parcel, it would be difficult to lay out a site for each unit. He stated the Conservation Commission would not make a ruling regarding the project at this time because there has not been a formal filing. Zehnder stated he has not heard from the Fire Department nor from MA Audubon.
Vernon Jacob opened the meeting to the public. Attorney Kraus, representing residents, stated they feel the Fire Department’s input is important and that residents on A street should have a choice of relocation within the park due to the construction of the septic and street relocation, and provided photographs of the current construction. He stated there is no timetable available to the residents on when the waste water system will be completed. Attorney Ganek, abutter, stated the new plan is better than the original and requested the Board to consider moving back two trailers from the Parkington Hill Road location. Paul Murphy stated he has no objection to the project and has nothing to add.
The Board continued their discussion, including the current construction and how it is impacting residents. The Board would like to see additional vegetative screening continue along West Road. Bruce Drucker recommended Attorney Zehnder provide findings of facts and conditions for the next meeting and provide Attorney Kraus a copy. Based on these, the Board will determine if it needs a site plan. Building Inspector, Paul Murphy, requested the Board make a motion regarding the location of the control building which is within the setbacks. Attorney Zehnder requested the Board make a motion. Vernon Jacob moved to separate the control building location from the balance of the request and deal with it separately; seconded by Roger Putnam; passed 5-0. Roger Putnam moved to continue to June 11, 2009; seconded Robert Hankey; passed 5-0. Vernon Jacob requested that Attorney Zehnder file for a separate hearing on the control building set
back issue.
8:38 pm
09-14 Slackman Inc. (Pearl Restaurant) , 250 Commercial St., Map 21, Parcel 106: Application for a Special Permit pursuant to G.L.c.40A, Section 6 for construction of roof over a portion of northerly first floor deck. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey and Manny Heyliger. Attorney Zehnder introduced Dana Heilman, operator, and Steve Swain, designer and builder, and explained they constructed a roof over the decking which was not approved on the signed plans. Building Inspector Paul Murphy cited the violation by letter and demanded immediate removal. Attorney Zehnder stated the roofing increases
the lot coverage from 22.4% to 23.4%. Swain stated the roofing will collect rain water to provide for flushing the toilets. He also stated Eastham allowed a similar awning. Paul Murphy, Building Inspector, stated they violated their Special Permit, and ruled it a permanent roof. The Board discussed the fact that the applicant ignored the Special Permit and built the roof. The ZBA considers the roof a structure and questioned why the roof had not removed per Paul Murphy’s letter. Attorney Zehnder stated he had advised the applicant not to remove the roof until they heard from the Board. Paul Murphy, Building Inspector, stated that when he writes a letter and the applicant contacts an attorney, he is satisfied the applicant is doing something about the violation. This structure was removed from the original plan and does not appear on the approved plan. Bruce Drucker stated that Heilman and Swain had made a contract with the
Town which they knowingly unilaterally breached. Jeffrey Stewart, member of the audience, stated he took Murphy’s words verbatim, and the applicant should have acted on removing the roof.
Attorney Zehnder requested the application be withdrawn without prejudice. Bruce Drucker moved to allow the applicant to withdraw without prejudice; seconded by Vernon Jacob, passed 5-0. Swain asked if they removed the metal from the roof, leaving the frame, could they place fabric covering on the frame. Murphy stated he would not consider that an awning because of the permanent framing. He gave examples of awnings as Mac’s Shack and the Wellfleet Market.
7:07 pm
09-16 Edwards, 1562 State Highway, Map 30, Parcel 31: Application for a Special Permit under WZB 5.4.13 to convert second floor office and conference area to a residential area.
The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey and Manny Heyliger. Tom Edwards gave an overview of the project, advising that Paul Murphy, Building Inspector, had made a site visit to the property and informed Edwards he was in violation of the Special Permit because of the removal of vegetation. After some discussion Murphy and Edwards left the room at 7:10 pm. The hearing was resumed at 7:30 pm. Murphy stated he and Edwards discussed the replanting and he is comfortable that the disturbed areas will be replanted and suggested the ZBA make the replanting a condition of this Special Permit. Edwards stated he would move the trailers out of the area. The Board recommended a landscaping plan be submitted. Robert
Hankey moved to continue to 5/28/09; seconded by Vernon Jacob; passed 5-0.
Other Business
Drucker moved to adjourn at 9:15 pm; seconded by Roger Putnam; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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