Minutes of Zoning Board of Appeals Public Meeting
Date: March 25, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Acting Chair Bruce Drucker, William Nicholson, Robert Hankey, Sibel Asantugrul, Manny Heyliger, Tom Reinhart, Roger Putnam and Christine Bates, Committee Secretary
.
Regrets: Chair Vern Jacob and Don Palladino,
Acting Chair Drucker opened the public hearings at 7:00 pm. .
Public Hearings:
7:03 pm
10-09 Perot, 36 Indian Neck Rd., Map 28, Parcel 45: Application for a Special Permit under WZB 5.1.5: Demolish and Reconstruct dwelling (Cont’d from 02/25/10). Sibel Asantugrul and Manny Heyliger recused themselves. The Board consisted of Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam and Tom Reinhart. Jason Ellis represented the client and gave an overview of the project to demolish and rebuild a new dwelling. The cottage is 832 sq. ft. according to the Assessor’s office, but actually is 862 sq. ft. The project has gone before the Conservation Commission two times and several modifications to the
plan were made to accommodate their requests. The existing cottage does not meet building code so repair was not a possibility. The proposed structure will be 1,272 square feet lot coverage along with a green roof, totaling 1,667 square feet coverage. The dwelling will be relocated away from the coastal bank. A letter from abutter Juster expressed concern with footprint size, environmental damage, erosion and disturbance to habitat, along with privacy issues for them. There were no comments from the audience. Tom Reinhart expressed concern with the size of the proposed dwelling, along with the setback issues. Ellis stated no natural pitch pine will be removed and there will additional plantings along the property line to act as a buffer but at the present time, there are no plans to do any plantings on the coastal bank. There is a five foot strip of land that doesn’t belong to anyone between this property and the Juster’s. Ellis stated the existing cottage has the smallest
footprint in the area and the new design closely matches the dwellings in the neighborhood. Ellis stated placing a fence would not screen the area between the Juster’s dwelling and this property. Drucker stated he would like a final determination from Conservation Commission based on the fact that there may be additional changes to the plan. The Board asked Ellis to provide the volumetric increase within the setbacks. Bruce Drucker moved to continue to April 8, 2010; seconded by Robert Hankey; passed 5-0.
7:43 pm
10-11 Ishkanian, 90 Pleasant Point Rd., Map 35, Parcel 76, Application for a Special Permit under WZB 6.1.5.1.b: add 5’ x 6’ side entry/mudroom to SE side of dwelling. The Board consisted of Roger Putnam, Sibel Asantugrul, Manny Heyliger, William Nicholson and Bruce Drucker. Chet Lay represented the applicant and gave an overview of the project, stating there is an existing stoop which will be the mud room. He identified the setbacks, stating the proposed lot coverage will be 19%. Five letters of support were read into the record. Roger Putnam moved for Findings of Fact:
1. The dwelling was built in 1984 according to the Assessor’s Office and is therefore a lawfully pre-existing nonconforming structure pursuant to Wellfleet Zoning Bylaw 8.2.2.
2. The existing non-conformities regarding the structure are inadequate lot area, intrusion into the front setback, intrusion into the rear setback, intrusion into the side setbacks, building lot coverage in excess of 15%, and inadequate frontage.
3. The proposed addition is a 5’ x 6’ side in entry mudroom on the southeast face of the building covering the existing stoop.
4. The proposed mudroom would be 30 sq. ft. and would increase the building lot coverage from 18.7% to 19.2%.
5. The proposed addition would be 20.7 feet from the southerly lot line.
6. There will be no change in use.
7. There will be no increase in use.
8. There was no objection from the abutters.
9. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
10. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
7:54 pm
10-12 Toomey, 355 Main Street, Map 14, Parcel 171: Application for Special Permit under WZB 8.4.2, 9.2.3 and M.G.L.c.40A, Section 6 for use of first floor of structure as dental office/business pursuant to WZB 5.3.2 and requests a reduction in number of required parking spaces pursuant to WZB 9.4 The Board consisted of Bruce Drucker, Manny Heyliger, William Nicholson, Tom Reinhart and Sibel Asantugrul. Attorney Ben Zehnder and Dr. Toomey came to the table, giving an overview of the project. Dr. Toomey stated the existing barn on the property will be replaced with a replica, keeping the historic design. There was discussion regarding the parking and there will be a total of five spaces and with public parking available, there would be
ample parking. Dr. Toomey stated this would be a satellite office with several specialists other than himself staffing the office, and the apartment upstairs will not be a rental property but be used for family or staff. He also stated the handicapped access will be the front door of the building. William Nicholson moved for Findings of Fact:
1. This is an application for the use of the first floor structure as a dental office/business.
2. The structure is located in the Central District.
3. The first floor of the structure was used as a retail business during the 2009 season and during prior seasons.
4. The proposed use is a Personal Service Business and is allowed by Special Permit in the Central District pursuant to WZBL 5.3.2.
5. The dental office is proposed to be year-round and would increase the availability of dental services for Wellfleet residents.
6. The dental office would enhance the diversity of services and businesses available in the Central District and in Wellfleet generally.
7. Five parking spots will continue to be available on the property and in addition, public parking and street parking is available within one block of the structure.
8. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
William Nicholson moved to approve the Findings of Facts; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to grant the Special Permit based upon the foregoing Findings of Fact for the use of the first floor of the structure as a dental office/business and reducing the off-street parking requirement to five (5); seconded by William Nicholson; passed 5-0.
8:20 pm
10-13 Mac Hay (Mac’s Shack), 91 Commercial St., Map 21, Parcel 129: Application for a Special Permit under M.G.L.c40A to convert and replace existing canopy awning with a wooden awning, including coverage above bathroom doors. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam and Robert Hankey. MacGregor Hay sent a letter requesting the application be withdrawn without prejudice. Roger Putnam moved to allow the application for a Special Permit to be withdrawn without prejudice; seconded by Robert Hankey; passed 5-0.
Other Business
Manny Heyliger moved to approve the amended 2/11/10 meeting minutes; seconded by William Nicholson; passed 5-0.
Bruce Drucker moved to approve the amended 02/25/10 meeting minutes; seconded by William Nicholson; passed 5-0.
Bruce Drucker moved to approve the 3/11/10 meeting minutes; seconded by William Nicholson; passed 5-0.
Roger Putnam moved to adjourn at 8:25 pm; seconded by Bruce Drucker; passed 6-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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