Minutes of Zoning Board of Appeals Public Meeting
Date: June 24, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, William Nicholson, Robert Hankey, Manny Heyliger, Sibel Asantugrul, Tom Reinhart, Roger Putnam and Christine Bates, Committee Secretary
Regrets: Don Palladino and Bruce Drucker
.
Chair Jacob opened the public hearings at 7:00 pm.
Public Hearings:
7:00
10-16 Lee, 95 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 (Cont’d from 06/10/10). The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey and Sibel Asantugrul. Attorney Ben Zehnder represented the applicant and gave a history of the dwelling as well as the proposed additions. The height will increase approximately five (5) feet. Attorney Bliss represented abutter Hayden and read a letter dated June 24, 2010 on behalf of his client opposing the project due to their views being blocked. A letter dated May 8, 2010 from Ted Dieffenbacher and Leslie Rowe was read supporting the proposal as well as a letter from Diane and Paul Teta dated 6/18/2010 supporting the project. A letter from the National Seashore dated May 11, 2010 was read into the record stating they had no objection to the project. Dennis Walsh, abutter, stated he had no
objection to the proposal. Zehnder stated the Lee’s had discussions with the Hayden’s but were unable to come to a compromise regarding tree cutting for a view easement or reducing the height of the proposed plan. Zehnder stated the property is separated by a paper way which has become vegetated. The Board discussed the views from the Hayden’s deck or lack thereof, and possible reduction in the height of the roof. Chair Jacob requested Zehnder fill out the National Seashore’s calculation sheet. Both Attorney Zehnder and Mr. Hayden distributed a picture each from the Hayden’s property. Zehnder stated the proposal is on the same footprint, the National Seashore supported the project, and the National Seashore’s definition for views does not pertain to abutters views, but for public views. Further discussion took place comparing the Hayden’s newly renovated dwelling and the proposed addition to the Lee’s. Chair Jacob requested the two parties try to reach a mutual acceptable
compromise. Attorney Zehnder requested a continuation to 7/8/10. Hankey moved to continue to 07/08/10; seconded by Nicholson; passed 5-0.
7:54 pm
10-19 O’Neil, 200 Briar Lane, Map 13, Parcel 114: Application for a Special Permit under WZB 6.1.5.1.b: Demolish existing garage and construct new two-car garage. The Board consisted of Vern Jacob, Robert Hankey, Manny Heyliger, William Nicholson and Roger Putnam. Chet Lay represented Mark O’Neil and he gave an overview of the project, demolishing the current garage and replacing it with a two car garage. A letter from Timothy Sayre, abutter, dated June 18, 2010 stated he supports the project; however, he requested O’Neil move his driveway because he believes it encroaches on his property. Chet Lay distributed a
site plan of the abutting property and the driveway was a proprietory road and is shared with the abutter. O’Neil was questioned what his intensions were for the dormered upstairs and he stated he had no plans at this time. Roger Putnam moved for Findings of Fact:
1 The lot is located in the R-1 District
2 The dwelling is a lawfully nonconforming structure, having been built in 1925 according to the Assessor’s records.
3 The nonconformities include the nonconforming front set-back and the side yard set-back of the present garage.
4 There will be a 2.5 foot decrease in side yard encroachment by the proposed garage.
5 There will be a 46% increase in the volume of the proposed garage.
6 There will be no change in use or intensity of use.
7 The use conforms to the objectives of the R-1 District.
8 There was no objection from abutters.
9 Existing garage is unusable and dilapidated.
10 The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
11 The dwelling is approved for a five bedroom septic system.
William Nicholson moved the Findings of Fact; seconded by Roger Putnam, passed 5-0.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact with the condition the applicant provide interior floor plan to the Building Inspector; seconded by Robert Hankey, passed 5-0.
8:10 pm
10-20 Amsler, 2520-A Route 6, Map 23, Parcel 34: Application for a Special Permit under WZB 5.4.13: Intensity of Use Application for more than one allowed principal use: Fifteen 8’ x 10’ spaces to be used for an open air Farmers Market from May through October. Vern Jacob recused himself. The Board consisted of Acting Chair William Nicholson, Manny Heyliger, Robert Hankey, Roger Putnam and Sibel Asantugrul. Charlie Amsler stated there would be a total of 14 total vendors, one being the existing water building. He was unable to identify other types of vendors at this time. A letter dated June 9, 2010 from
Police Chief Rosenthal stated he does not envision any traffic issues at this point but would like it monitored during the season. A letter from Rueben Cook dated 6/24/10 was read into the record stating they had concerns with traffic and congestion. Elizabeth Meads, abutter, stated she had concern that people will park on Rte 6 and go into the market. Louis Roseah abutter, stated it was difficult for her to get into her property and is concerned with congestion and safety issues. Lucy Buckley, abutter, recommended signs for entrance and exit and is concerned with safety regarding parking. Bill Buckley, reiterated the safety issues with parking on Rte 6 and recommends good signage for traffic flow. Ramon Rustia, abutter, stated he wants good signage if this were approved. Martha Wilson stated she had experience with farmers markets and gave an overview of vendor’s equipment, vehicles, and hours of operation. Amsler stated
he is utilizing 8% lot coverage and the town allows 25% coverage for the commercial district. Ramon Rustia asked if the vendors would require a business license and wanted to know who the vendors are going to be and what kind of control is there. The Board’s discussion included traffic flow, safety for pedestrians, reducing the number of vendors, and parking requirements. Wayne McGrady, who will manage the site, stated there would be someone to direct traffic flow and the vendors will be roped off. Rueben Cook stated Oriole Lane serves two houses. The Board decided to limit the number of vendors to six (6). Roger Putnam moved for Findings of Fact:
1. The lot is in the Commercial District
2. The lot is lawfully pre-existing subject to the constraints of Special Permit 04-22, Special Permit 06-28, and Special Permit 08-35 and all conditions therein.
3. There will be an increase in the use of the property to six craft, vegetables, et. al. vending stalls.
4. There will be 24 parking spots available as per site plan.
5. The proposed use
6. The proposed use can be allowed by Special Permit in the C2 District.
7. There are objections from abutters .
8. The proposed use is consistent with the C2 District.
Roger Putnam moved the Findings of Fact; seconded by Sibel Asantugrul; passed 5-0. Roger Putnam moved to grant the Special Permit subject to conditions; seconded by Manny Heyliger; ; passed 5-0. Conditions:
1. The applicant shall improve Oriole Lane to be able to accept the greater level of traffic and place a yield sign on his property prior to the entry on Oriole Lane.
2. Should the Wellfleet Police Department impose traffic management requirements, they shall be implemented by the applicant.
3. Parking places will be clearly delineated preferably by timbers of some kind.
4. Boat storage allowed the applicant in case 08-35, shall cease before the commencement of any vending operation and shall not recommence unless and until all vendors under this permit have left the premises.
5. Possible corrective action on any issues raised by the abutters will be given consideration.
6. Applicant shall provide adequate signage at both the entry and exit from the property.
7. The vendor area will be roped off from the entryway and parking area
8. The hours of operation shall be 8:00 to 7:00 pm
9. The applicant will provide new plans identifying six vendors prior to the Special Permit being granted.
Other Business
Roger Putnam moved to approve the meeting minutes of 05/13/10, 05/27/10 and 06/10/10 as amended; seconded by Robert Hankey; passed 5-0.
The meetings will be changed to the 1st and 3rd Thursdays starting in September per the request of the Town Administrator.
Chair Jacob announced the Board will convene in Executive Session at 9:30 pm to discuss litigation and will not reconvene in open session. Roger Putnam moved to adjourn the open meeting at 9:40 pm; seconded by Robert Hankey; passed 5-0.
Chair Roll call: Roger Putnam, yes; Robert Hankey, yes; Sibel Asanturgul, yes; Vern Jacob, yes; Manny Heyliger, yes; William Nicholson, yes; and Tom Reinhart, yes.
Respectfully submitted,
Christine Bates
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