Minutes of Zoning Board of Appeals Public Meeting
Date: May 27, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, Don Palladino Tom Reinhart and Roger Putnam
Regrets: Robert Hankey and Sibel Asantugrul
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Chair Jacob opened the public hearings at 7:04 pm.
Public Hearings:
7:05 pm
10-17 Santos Lord, 121 Indian Neck Rd., Map 28, Parcel 138, Application for a Special Permit pursuant to WZB 8.4.2 and M.G.L. c. 40A, Section 6 for construction of a second floor dormer and addition of second floor bedroom pursuant to WZB 6.1.5.1. The Board consisted of Vern Jacob, William Nicholson, Bruce Drucker, Manny Heyliger, and Roger Putnam. Attorney Ben Zehnder represented the applicant and stated in 2007 the applicant received a Special Permit to add a dormer and a second floor bedroom. Building Inspector Paul Murphy stated he would accept the drawings that were presented in the 2007 decision. Chair Jacob read two letters into
the record stating they objected to the project, one from the Gazzola’s and the other from the Connor’s. Gazzola questioned if an additional bedroom was going to be added. Paul Murphy stated they were renovating the downstairs and putting a bedroom upstairs. Roger Putnam moved for Findings of Fact:
1. The property is pre-existing, nonconforming due to lot size.
2. The structure is pre-existing, non conforming due to setbacks on both sides.
3. There will be no change in the footprint.
4. The only new intrusion will be volumetric in nature.
5. No increase or change in use.
6. The building inspector will accept the drawings as presented.
Roger Putnam moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Bruce Drucker moved the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
7:25 pm
10-18 Bunnell, 56 Beach St., Map 35, Parcel(s) 10 and 27.1, Application for a Special Permit under WZB 6.1.5.1.b to remove existing front entrance deck, construct storage enclosure at the SW corner of the dwelling and construct a new deck and stairs along the SW side of the dwelling to connect the existing second floor deck on the west side of the dwelling to the front entrance deck. Roger Putnam recused himself as an abutter. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Don Palladino. Chet Lay represented the applicants and gave an overview of the project. The applicant has received approval from the
Conservation Commission for the project. Vern Jacob moved for Findings of Fact:
1. The dwelling is entitled to treatment as a lawfully pre-existing non-conforming structure having been in existence for at least ten (10) years as provided for in Wellfleet zoning Bylaw 8.2.2
2. The existing non-conformities regarding the structure are inadequate lot area and intrusion into the front setback.
3. The proposal is to construct a storage enclosure at the southwest corner of the dwelling and to construct a new deck and stairs along the southwest side of the dwelling.
4. The addition to the structure will be constructed almost entirely on the current footprint.
5. There will be no change in use.
6. There will be no increase in use.
7. There was no objection from the abutters.
8. 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.
9. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
William Nicholson moved to approve 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 Don Palladino; passed 5-0.
Other Business
Paul Murphy informed the Board PB Bistro has not built the deck as approved for their Special Permit. Instead, it as a pergola and the owners want to add a canvas awning and knee walls. There was discussion regarding the builder taking responsibility for the change, and Paul Murphy will send a letter stating the deck has deviated from the approved plan.
Ron Harpur asked what the status was on the Risha LLC property. Bruce Drucker stated MA Housing revoked the letter of eligibility and the applicant’s lawyer has not requested a withdrawal. Town Counsel has recommended we not take any action at this time.
The Board discussed the status of its membership. The ZBA will send a letter to the Board of Selectmen unanimously supporting the reappointment of Manny Heyliger and Bruce Drucker.
The National Seashore provided a computation sheet to determine volumetric increases, etc. for properties in the National Seashore and thought the ZBA could incorporate it into the application. The Board will review the paperwork and discuss it at a future meeting.
Paul Murphy stated a partial list has been supplied to him regarding historic structures from the Historic Review Board.
Roger Putnam moved to adjourn at 8:05 pm; seconded by Bruce Drucker; passed 8-0..
Respectfully submitted,
Christine A. Bates, Committee Secretary
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