Minutes of Zoning Board of Appeals Public Meeting
Date: August 26, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Tom Reinhart, Don Palladino and Christine Bates, Committee Secretary
Regrets: Robert Hankey and Sibel Asantugrul
Chair Vernon Jacob opened the meeting at 7:00 pm. He stated the meeting was being recorded.
7:02 pm
09-13 Risha, LLC, (Doris Zelinsky, owner), 170 Pond Avenue, Map 29, Parcel 382: Application for a 40B Comprehensive Permit to build three townhouse condominium homeownership units (one for 40B) under MA General Laws Chapter 40B and 760 CMR 56 (Cont’d from 09/22/09). A letter from Robert L. Devin, Attorney, dated August 11, 2010 was read into the record requesting a withdrawal without prejudice. Bruce Drucker moved to accept the withdrawal without prejudice; seconded by William Nicholson; passed 7-0.
7:04 pm
10-25 Bury, 34 Circuit Ave., Map 21, Parcel 75: Application for a Special Permit under WZB 6.1.5 to construct 16 x 16 wood deck. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Tom Reinhart. John Newman represented the applicant and gave an overview of the project, stating the deck will be 14.5’ x 15’. A letter signed by abutters Andres, Crockett, Ketchum, Marks, Platt and Blackman was read into the record stating they had no objection to the project. A phone message to Christine Bates from Judith Dragonette, abutter, also stated no objection. There will be no door going to the
deck. Paul Murphy stated it was elective if the owners wanted a railing on the decking and he would accept the drawing. Bruce Drucker moved for Finding of Facts:
1. This is an application under Wellfleet zoning bylaw 6.1.5 to construct a 14.5’ x 15’ wood deck.
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1860 according to the Assessor’s Office.
3. The existing non-conformities regarding the structure are inadequate lot area, intrusion into the setback and inadequate frontage.
4. There will be no increase in use.
5. There was no objection from the abutters and there was abutter support.
6. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
Tom Reinhart moved the Findings of Fact; seconded by William Nicholson; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
7:14 pm
10-23 Barrett, 12 Ione Rd., Map 28, Parcel 57: Application for a Special Permit under WZB 6.1.5 to add two small door overhangs to southerly face of dwelling. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson, and Roger Putnam. Chet Lay represented the applicant, giving an overview of the project. Bruce Drucker moved for Findings of Fact:
1. This is an application to add two small door overhangs to the southern face of the existing residence.
2. The structure was built in 1968 according to the Assessors Office.
3. It is a non conforming lot due to size and frontage.
4. The structure is lawfully nonconforming due to intrusions into the side and front setbacks.
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. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
7:20 pm
10-24 Horner, 83 Pine Point Rd., Map 21, Parcel 50: Application for a Special Permit under WZB 6.1.5.1.b to add a 28’ x 6’ porch at northerly end of existing dwelling The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Don Palladino. Chet Lay represented the applicant and gave an overview of the project. The existing lot coverage is 8% and the proposed project will increase the lot coverage to
9.4 %. Bruce Drucker moved for Findings of Fact:
1. This is an application under Wellfleet Zoning Bylaw 6.1.5 to construct a 28’ x 6’ porch at the northerly end of the existing dwelling.
2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2.
3. The existing non-conformities regarding the structure are intrusion into the side setbacks.
4. There will be no change in use.
5. There will be no increase in use.
6. There was no objection from the abutters
7. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
Don Palladino moved the Findings of Fact; seconded by Manny Hayliger; passed 5-.0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Other Business
Roger Putnam moved the meeting minutes of 8/12/10 as amended; seconded by Manny Heyliger; passed 7-0.
Chair Jacob stated Paul Murphy is now in contact with the Planning Board and the Planning Board is working on changes to the proposed bylaw. He stated the ZBA will work with any bylaws that the town people want based on their vote at Town Meeting. Bruce Drucker suggested sending a note to the Planning Bd. thanking them for taking the time to meet with us and listening to the Board. Roger Putnam will write a memo.
Bruce Drucker moved to adjourn at 7:40 pm; seconded by Manny Heyliger; passed 7-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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