Minutes of Zoning Board of Appeals Public Meeting
Date: June 10, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Manny Heyliger, Sibel Asantugrul, Don Palladino Tom Reinhart and Roger Putnam
.
Chair Jacob opened the public hearings at 7:00 pm.
Don Palladino stated he had submitted his paperwork for reappointment. Bruce Drucker moved to send an e-mail to the Chair of the Board of Selectmen stating the ZBA supported Don Palladino’s reappointment; seconded by Roger Putnam; passed 9-0.
Chair Jacob stated according to the new Open Meeting Laws, subjects to be discussed at meetings have to be announced at the beginning of meetings. After the scheduled public hearings, we will be discussing the new open meeting rules, the Planning Board meeting regarding zoning changes, and revised abutter notification letter.
Public Hearings:
7:03 pm
10-16 Lee, addressStreet95 Rockwell Ave., Map 24, Parcel 159: Application for a Special Permit under WZB 8.4.2 pursuant to WZB 6.1.5.1 and 6.24.2 with the addition of dormers and a roof deck. A letter received from representative, Attorney Ben Zehnder, requested a continuation to June 24, 2010, as filed in the Special Permit file. Bruce Drucker moved to continue to 6/24/10; seconded by Manny Heyliger; passed 5-0.
7:04 pm
08-12 Palmer / Chang, 100 Pine Point Rd, Map 21, Parcel 63: Request for two year extension (Cont’d from 05/13/10). Bruce Drucker moved to approve the two year extension; seconded by Roger Putnam; passed 5-0. A letter from representative, S.A. Architecture, Inc. dated 14 April 2010 is in the Special Permit file.
6:05 pm
05-35 Pontius, Route 6, Map 42, Parcel 37: Request for amendment to Special Permit to change location of outdoor seating (Cont’d from 05/13/10). The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, Manny Heyliger and William Nicholson. John Pontius stated the drawing provided to the Board is not entirely to scale, but stated the patio area is 23’ +/- in diameter. The seating on the deck will be moved to the patio area. Building Inspector Paul Murphy stated he would accept the drawing provided identifying the new seating area. There will be no change in the number of seats. Vern Jacob stated he did not
feel comfortable with the drawings as presented, and hoped Paul Murphy will make sure the patio is built as drawn. A letter was read into the record from abutter, Desmond and Denise Queally, stating they would like fencing be installed along the back property line. Alice Kelly, an abutter, stated she is concerned with the noise on the first Friday of every month with entertainment. Pontius stated there will not be entertainment on the patio. Chair Jacob stated the Selectmen or Police would be responsible for enforcing noise issues.
Bruce Drucker moved for Findings of Fact:
1. This is an application to amend Special Permit 05-35 dated September 14, 2005 so as to permit outdoor seating on patio located on the front side of the restaurant.
2. Outdoor restaurant seating is allowed by Special Permit pursuant to Wellfleet Zoning Bylaw 2.1
3. There will be no change or increase in use.
4. There will be no increase in the allowable seating at the restaurant which will remain at 50, including the outdoor seating.
5. The restaurant is open year-round to serve the community.
6. 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 to approve the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Vern Jacob moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0. The Application for a Special Permit, site plans identifying the location of the patio, and the letter from Desmond and Denise Queally are filed in the Special Permit file.
7:28 pm
10-15 Needel, 1523 Baker Ave., Map 14, Parcel 189: Application for two Affordable Accessory Dwelling Units (Cont’d from 05/13/10) Bruce Drucker recused himself as an abutter. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey and Sibel Asantugrul. Dan Needel stated he is aware of the need for affordable housing and because there is an existing building on his property, he and his wife thought it would be good for both themselves and the town. He stated there is an 8 bedroom septic system on the property. A letter from Andrew Kent was read into the record expressing concern regarding the density of the neighborhood, safety, and parking. Fred and Priscilla
Jenkins, abutters, expressed concern with children’s safety and the road size. Attorney Ben Zehnder, representing the Coughlin’s, immediate abutters, gave a history of previous Zoning Board hearings and the conditions set on the property. Zehnder stated there is concern with the setbacks of the garage as well as inadequate parking spaces should this be approved. Zehnder feels if this was approved, it would be more detrimental to the neighborhood due to density and congestion. Claudia Drucker, abutter, stated her property line is only 10 feet away from the garage, and she stated there are 132 legal bedrooms within the 300 foot radius of the property. She is concerned for the Coughlin’s access in and out of the road and having four families on one lot. The easement (right of way) for the Coughlin’s was read into the record and is not considered frontage. The Board expressed concern with the
parking, additional bathrooms in this area of town, impingement on neighbors safety and rights, water issues in the central district, and the density of the neighborhood. Ann Needel stated the application could be for one unit, and she noted there are very few people living year-round in the neighborhood. Paul Murphy, Building Inspector, stated with the two additional units, there would have to be 7 parking spaces. Vern Jacob requested the applicant supply a professional site plan identifying the parking plan. Mr. Needel requested a continuation. Robert Hankey moved to continue to 8/12/2010; seconded by William Nicholson; passed 5-0.
8:14 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 05/13/10). Sibel Asantugrul and Manny Heyliger recused themselves. The Board consisted of Acting Chair Bruce Drucker, William Nicholson, Roger Putnam, Tom Reinhart and Don Palladino. Attorney Ben Zehnder gave a history of the past hearings, and stated the new design is significantly smaller in size. The total lot coverage of the new design will be 1,139 square feet, including decking. Due to the change in design, the proposed dwelling will not be a “green”
house. The Board commended the architect and the owner for modifying the plans to accommodate the Board. Tom Reinhart expressed concerns with the volumetric increase and the height of the proposed dwelling. Roger Putnam moved for Findings of Fact:
1. The dwelling 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 side setbacks.
3. The lot is non-conforming due to inadequate lot area and frontage.
4. There will be no change in use.
5. The existing building lot coverage is 3.9% and the proposed coverage will be less than 6%.
6. The new structure will be constructed substantially on the footprint of the existing structure.
7. The project has received approval from the Conservation Commission and the Board of Health.
8. There was an objection from one abutter.
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 QZB 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.
Roger Putnam moved to approve the Findings of Fact; seconded by Bruce Drucker; passed
4-1. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 4-1. The file consists of the application for Special Permit, revised site plans dated 05/07/10, detailed specifications of proposed dwelling dated 05/07/10 and minutes from previous meetings.
Other Business
Chair Jacob stated the Board’s meeting minutes must list all paperwork presented at the meetings as of 07/01/10. The agenda must include all items that will be discussed.
Bruce Drucker gave an overview of the revised abutter notification, which includes an e-mail address to contact the ZBA, and highlighted that plans to be presented at hearings are available for review at the ZBA office in the DPW building.
The Board is accepting and acting on the abutters listing as prepared byi the Assessor’s Office as being correct.
It was recommended individual members of the ZBA attend the Planning Board invitation to the meeting if they want to, but not speak on behalf of the Board.
The request to have a Zoning Board member be a part of the Housing Partnership Board was discussed and it was suggested the Board of Selectmen review the Town Charter in the event of conflict.
The Board requested a letter be sent to the Chairman of the Board of Selectmen, endorsing Don Palladino’s re-enlistment as a member of the Zoning Board.
Bruce Drucker moved to adjourn at 8:55 pm; seconded by Roger Putnam; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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