Minutes of Zoning Board of Appeals Public Meeting
Date: February 25, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Vice Chair Bruce Drucker, William Nicholson, Robert Hankey, Sibel Asantugrul, Roger Putnam, and Tom Reinhart.
Regrets: Manny Heyliger and Don Palladino
Chair Vern Jacob opened the public hearings at 7:00 pm. .
Public Hearings:
7:09 pm
10-07 Machado/Silvetti, 35 Main St., Map 154, Parcel 125: Application for a Special Permit under WZB 6.1.5.1 and M.G.L.c 40A: Construct second story dormer. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey and Sibel Asantugrul. Attorney Ben Zehnder and Bruce Miller, architect, gave an overview of the project, stating there is an existing building permit in place now. A portion of one of the dormers will be within the setback which requires a special permit. The proposal will increase the project by 330 square feet totaling 2,219 square feet or 5.5% site coverage. Paul Murphy stated this
is not an after the fact filing. A letter from Florence Wolsky stated they have no objection to the project. A letter from Anthony Buttignol expressed concerns with the project, citing issues with the foundation and environmental issues. Paul Murphy stated he is not concerned about the foundation at this point. Vern Jacob moved for Findings of Fact:
1. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1939 according to the Assessor’s Office.
2. The structure is non-conforming because it intrudes into the north side setback.
3. The Special Permit is sought for a dormer on the front of the structure which will volumetrically intrude into the north side setback 5.44 feet.
4. There will be no change in use.
5. There will be no increase in use.
6. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
7. After considering the District Objectives for the zoning district as provided for in WZB 3.2 and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vincinity.
Robert Hankey moved the Findings of Fact; seconded by William Nicholson; passed 5-0.
Vern Jacob moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
7:18 pm
10-08 Barry, Land Mgmt, LLP, 3225 State Hwy, Map 8, Parcel 258: Application for a Special permit under WZB 6.1.1 and M.G.L.c 40A: Replace cloth canopy with a permanent roof overhand. Vern Jacob recused himself. The Board consisted of Bruce Drucker, William Nicholson, Robert Hankey, Sibel Asantugrul and Tom Reinhart. Attorney Jamie Veara, gave an overview of the project, stating the overhead would only cover the handicapped walkway into the restaurant. A note from Ms. Hendrickson Noddin stated she had no objection. Four people from the audience supported the project. Todd Barry, owner, stated there will be no increase in
use. The overhang will be less than the width of the walkway. The applicant and his father own the abutting parcel. Bruce Drucker moved for Findings of Fact:
1. The restaurant is a lawfully pre-existing, nonconforming structure having been built in 1950 according to the Assessor’s Office.
2. The existing non-conformities regarding the structure are intrusion into the front setback.
3. A Special Permit is sought to replace a cloth canopy covering a wood walkway in the front of the structure for waiting patrons with a permanent shed roof overhang.
4. The permanent shed roof overhang will intrude into the front setback.
5. There will be no change in use.
6. There will be no increase in use.
7. There was no objection from abutters and abutters spoke in support of the application.
8. The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.
9. After considering the District Objectives for the zoning district as provided for in WZB 3.2 and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Robert Hankey moved the Findings of Fact; seconded by Tom Reinhart; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey, passed 5-0 with the following conditions:
1. The permanent shed roof overhang will not be permanently enclosed on the North, East or South sides.
2. There will be no serving of patrons in the area under the permanent shed roof overhang.
7:02 pm
10-09 Perot, 36 Indian Neck Rd., Map 28, Parcel 45: Application for a Special Permit under WZB 5.1.5: Reconstruct dwelling. A letter requesting a continuation was received from the architect, Sibel Asantugrul. Bruce Drucker moved to continue to March 25, 2010; seconded by William Nicholson; passed 5-0.
7:44 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 (Cont’d from 02/11/10). Robert Hankey recused himself. The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Tom Reinhart and Roger Putnam. Attorney Ben Zehnder, representing the applicant, reviewed Town Counsel’s opinion dated Feb. 24, 2010, and expressed concern with the advise based upon a previous opinion written on October 2, 2007 which was in conflict with the current opinion. There was discussion regarding demolition and
reconstruction, decreases in nonconformities, nonconformities created with new construction, and what is entitled by right. Building Inspector, Paul Murphy, stated he has always required a Special Permit when new nonconformities are proposed. The Board discussed the opinion of Town Counsel and the definitions of alteration as well as the clarity of the bylaws. Roger Putnam moved to continue the hearing until the ZBA disposed of Case 10-06; seconded by William Nicholson; passed 5-0.
8:24 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 (Cont’d from 02/11/10). Robert Hankey recused himself. The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Rom Reinhart and Roger Putnam. Attorney Ben Zehnder gave an overview of the project, stating the proposed main structure will be cited within the setbacks and a building permit has been issued. The door overhangs have a total square footage is 64 square feet. The prior intrusion into the setback was 444 square feet. Former lot coverage was 13.47 % and the proposed lot coverage will be 10.3%.
The house was moved to the east to accommodate an abutter’s view. Building Inspector, Paul Murphy, stated the pergola is not considered lot coverage and is not substantial. Vern Jacob moved for Findings of Fact:
1. The lot is located in the R1 District.
2. The current dwelling is a lawfully pre-existing, nonconforming structure h having been built 1955 according to the Assessor’s Office.
3. There will be no change in use.
4. There was no objection from abutters.
5. The proposed structure conforms with all setback requirements, save for 18” door overhangs on the north and east side.
6. The volume of the proposed nonconformity is less than the volume of the existing nonconformity.
7. The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.
Roger Putnam moved the Findings of Fact; seconded by Tom Reinhart; passed 5-0. Roger Putnam moved to grant the Special Permit; seconded by Tom Reinhart; passed 5-0.
8:45 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 Attorney Ben Zehnder requested to withdraw the hearing without prejudice. Vern Jacob moved to grant the withdrawal without prejudice; seconded by William Nicholson; passed 5-0.
Other Business
Bruce Drucker moved to reopen Case 09-13, Risha LLC, advertising and notifying parties of interest; seconded by Roger Putnam; passed 7-0.
Chair Vern Jacob stated the Provincetown Banner had not rescinded their statement that the ZBA granted the Building Permit for the Blasch property.
Vern Jacob motioned to adjourn at 8:50pm; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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