Minutes of Zoning Board of Appeals Public Meeting
Date: February 11, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey, Sibel Asantugrul, Tom Reinhart and Roger Putnam.
Regrets: Vice Chair Bruce Drucker, and Don Palladino
Chair Vern Jacob opened the public hearings at 7:00 pm. Chair Jacob thanked the Board for conducting the hearing during his absence. He stated the Provincetown Banner reported the ZBA granted the special permit for the Balsch house. He gave an overview of the sequence of events and facts regarding the Blasch Appeal(s) and requested the Board vote to have a letter written to the newspaper to clarify the correct information. Roger Putnam moved to write a letter to correct the facts; seconded by Manny Heyliger, passed 5-1.
Public Hearings:
7:00 pm
10-03 Cohen, 390 Pleasant Point Ave, Map 36, Parcel 192: Application for a Special Permit under WZB 6.1.5.1.b: replace outdoor shower and add canopy on NW face of dwelling. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey and Sibel Asanutrul. Richard Lay represented the applicant and stated the reason for a larger shower is for handicapped access and the proposed canopy is for shelter from the weather. The applicant owns the adjacent non-buildable property. Chair Jacob moved for Findings of Fact:
1. This is a nonconforming lot and nonconforming single family dwelling due to the intrusion of the NW portion of the property
2. The alterations will not be more substantially detrimental to the neighborhood than the existing nonconforming use.
3. Map 35, Parcel 208 is also owned by the applicant.
4. The structure was built in 1985 according to the Assessors office.
5. The project has received approval from the Conservation Commission and Board of Health.
6. There was no objection from abutters.
7. There is no intrusion into the coastal bank.
8. There is a minor change in lot coverage.
William Nicholson moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
William Nicholson moved to grant the Special Permit; seconded by Manny Heylinger; passed 5-0.;
7:20 pm
10-04 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30, Parcel 22: Application for a Special Permit under WZB 8.4.2 and M.G.L.c40A, Section 6: Construct decking to replace outdoor patio eating area. The Board consisted of Vern Jacob, William Nicholson, Robert Hankey, Manny Heyliger and Tom Reinhart. Attorney Ben Zehnder represented the applicant and stated a patio would be easier for patrons to walk on and dine outside, as well as for beverage services without any steps. Because of the 100’ setback in the commercial district, a Special Permit is necessary. Tom Reinhart stated he inspected the property on his own. The patio will not increase the seating capacity. The Board stated the applicant could have a framed removable awning over the patio. Chair Jacob moved for Findings of Fact:
1. The proposal is in the Commercial District.
2. The structure is pre-existing nonconforming due to setbacks on the south and east sides.
3. The structure was built in 1972 according to Assessors records.
4. It is a permitted activity.
5. The Board of Appeals granted a Special Permit on 3/17/09 for the restaurant and bakery.
6. The restaurant has received Board of Health approval with 60 seats.
7. There was no objection from abutters.
8. The Conservation Commission approved the restaurant and bakery on 2/25/09.
Manny Heyliger moved the Findings of Fact; seconded by William Nicholson. Robert Hankey moved to grant the Special Permit; seconded by William Nicholson with one condition; passed 5-0.
Condition: The request for decking will have to receive approval from the Conservation Commission.
7:33 pm
10-05 Miller, 116 Hiawatha Rd., Map 28, Parcel 182: Appeal from Person Aggrieved (MGL Ch. 40A, S.8) Appeal of the determination of Building Inspector that inclusion of braced overhangs in the north and east setbacks are not permissible as a right pursuant to WZB Section 6.1.5.1. Manny Heyliger and Robert Hankey recused themselves. The Board consisted of Vern Jacob, William Nicholson, Roger Putnam, Tom Reinhart and Sibel Asantugrul. Reinhart and Asantugrul stated they made a site visit and reviewed the application. Attorney Ben Zehnder represented the applicant and stated he is appealing the ruling of the Building Inspector because the
existing structure, which will be removed and replaced with a new dwelling, has been oriented to meet the setback requirements, other than the braced overhangs. Zehnder stated Paul Murphy has issued a building permit for the dwelling without the overhangs. Zehnder read ZBL 6.1.5.1 and stated because the proposed dwelling is less intrusive and less nonconforming in nature than the current structure, he feels a Special Permit is not necessary. Building Inspector Paul Murphy stated that when there is reconstruction, you must comply with the bylaws because it is a larger proposal in volume. Letters from abutters Lewis and Fleischner, Katz, and Indek had no objection to the general project, but did request work not be done during the summer months and that no new fencing be placed on the east side of the property. The project has received approval from the Conservation Commission. There was further discussion regarding
ZBL 6.1.5.1 and Chair Jacob stated he would make a recommendation to have Town Counsel review the bylaw. Tom Reinhart moved to continue the hearing to February 25, 2010, seconded by William Nicholson; passed 5-0. Committee Secretary, Christine Bates, will forward paperwork to the Town Administrator requesting legal advice. There was discussion regarding the building timeframe, and the law does not allow the ZBA to determine when building can take place.
8:10 pm
10-06 Miller, 116 Hiawatha Rd., Map 28, Parcel 182: Application for a Special Permit under WZB 8.4.2 and M.G.L. c40A, WZB 6.1.4.1: Construct braced overhangs in the north and east setbacks. William Nicholson moved to continue to 2/25/10; seconded by Vern Jacob; passed 5-0.
Other Business
Vern Jacob moved to approve the 12/10/09 meeting minutes as amended; seconded by Sibel Asantugrul, passed 5-0.
William Nicholson moved to approve the 1/14/10 meeting minutes as amended; seconded by Manny Heyliger; passed 5-0.
Manny Heyliger moved to approve the 1/28/10 meeting minutes as amended; seconded by William Nicholson; passed 5-0.
Vern Jacob moved to adjourn at 8:20; seconded by Manny Heyliger; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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