Minutes of Zoning Board of Appeals Public Meeting
Date: September 16, 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, Sibel Asantugrul and Christine Bates, Committee Secretary
Regrets: Robert Hankey
Chair Vernon Jacob opened the meeting at 7:00 pm and stated the meeting was being recorded. Also, Chair Jacob informed the audience the State has granted two year extensions for permits from August 2008 to August 2010.
7:05 pm
10-14 Bressler, 60 I Designers Road, Map 23.1, Parcel 7-1: Request for amendment to expand cottage with new roofline, maintaining original front and two sides. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Tom Reinhart. Olga Kahn and Mr. Bressler gave an overview of the new roofline and explained that all but four feet from the back wall will remain on the cottage, with the expansion and roofline being new construction. Letters of support were read into the record from Shrage/Cohen and Ms. Tate. Manny Heyliger and Tom Reinhart stated they did not feel the roof design blended with the rest
of the cottages in the area. Bruce Drucker proposed the following Findings of Fact:
1. This is an application to amend Special Permit Number 10-14.
2. The existing dwelling is part of a cottage colony and is a lawfully pre-existing nonconforming structure having been built in 1950 according to the Assessor’s Office.
3. The proposed expansion is in the rear of the structure.
4. There will be no increase in use.
5. There are no objections from abutters and two have written in favor of the project.
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 the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
7. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
Bruce Drucker moved the Findings of Fact; seconded by Vern Jacob; (did not pass with a vote of 3-2).
There was further discussion regarding the roofline and Olga Kahn and Mr. Bressler elected to consult on changing the roofline.
Case 10-14 reopened at 8:55 pm
Olga Kahn provided a red-lined corrected version with changes to the roofline which included skylights. Manny Heyliger and Tom Reinhart stated the changes were acceptable. Building Inspector Paul Murphy stated the revised plans would be acceptable. Bruce Drucker moved the Findings of Fact as presented above; seconded by Vern Jacob passed 5-0. Vern Jacob moved to grant the Amendment to Special Permit Number 10-14 based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
7:57 pm
10-26 Bertolini and Harred, 23 West Main St., Map 14, Parcel 144: Application for a Special Permit under WZB 6.1.5.1.b to add covered front porch to NE corner of existing dwelling.
The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Don Palladino. Chet Lay represented the applicant and gave an overview of the porch construction and the setback issues. The Board commended the design. Letters of support were read into the record from abutters Porter, McPartland, Koichen, Slivka, Sanson, and Rose. Bruce Drucker expressed concern with the increase in lot coverage.
Bruce Drucker proposed the following Findings of Fact:
1. This is an application under WZB 6.1.5 to construct a covered front porch at the north-east corner of the existing dwelling measuring approximately 9 feet x 24 feet.
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1850 according to the Assessor’s Office.
3. The existing non-conformities regarding the structure are intrusion into the front and 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 and several abutters have written in favor of the project.
7. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure
8. The lot coverage will increase to 15.3%.
William Nicholson moved to move 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 William Nicholson; passed 5-0.
7:38 pm
10-27 Gutierrez, 116 Commercial St., Map 21, Parcel 83: Application for a Special Permit under WZB 6.1.5.1.b to remove existing ell on West face of dwelling and replace with slightly larger addition. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Sibel Asantugrul. Chet Lay represented the applicant and gave an overview of the project. Letters of support from abutters Dragonette, Beauchamp, Lowenstein, Young, Schnare, Myers and Ketchum were read into the record. Janet Lowenstein, an abutter, stated she supports the project. The Board was in favor of the design. Bruce Drucker proposed
the following Findings of Fact:
1. This is an application under WZB 6.1.5 to remove the existing ell on the west face of the dwelling and to replace it with a slightly larger addition.
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1830 according to the Assessor’s Office.
3. The existing non-conformities are inadequate lot area, intrusion into the side setback and inadequate frontage.
4. The existing lot coverage is 6.63% and the proposed lot coverage would be 7.79%.
5. There will be no change in use.
6. There will be no increase in use.
7. There was no objection from the abutters and a lot of abutters have approved the project.
8. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
William Nicholson moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Vern Jacob moved to approve the Special Permit based on the Findings of Fact; seconded by Bruce Drucker passed 5-0.
7:45 pm
10-28 Meridith, 45 Route 6A/Old Truro Rd., Map 8, Parcel 252: Application for a Special Permit under WZB 6.1.5.1 to construct screen porch. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Tom Reinhart. David Lajoie represented the applicant and gave an overview of the project, identifying the setback issues. Lajoie stated they would have to go to the Conservation Commission due to the wetlands issues. David Lajoie requested a continuation to Nov. 4, 2010. Bruce Drucker moved to continue to November 4, 2010; seconded by Vern Jacob; passed 5-0.
7:02 pm
10-29 Rockman, Off Old Pier Rd., Map 22, Parcel 39: Application for a Special Permit under 6.1.5.1.b to add two bedrooms, replacing two existing decks and WZB 6.14.3 Floodplain Exemption. At the request of the applicant, Chet Lay requested a continuation to Oct 21, 2010. Bruce Drucker moved to continue to October 21,2010; seconded by Manny Heyliger; passed 5-0.
7:53 pm
10-30 Townsend, 350 State Hwy, Map 47, Parcel 107: Application for Affordable Accessory Dwelling Unit under WZB 6.21. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Roger Putnam, replacing Robert Hankey. Theresa Townsend provided new dwelling plans of 1,155 square feet and a new site plan. She stated she is aware of the opposition of the abutters. Many people appeared at the meeting, expressing their opposition to the project, their main objection being their claim that the proposed project is on land they believe is protected space, referred to as “green belt buffer”. They also objected to the project because it would destroy the ambience of the neighborhood, adversely impact safety on
Route 6, uncertainty about the use of the proposed garage, infringement on habitat, concern with more than one building on the lot, and the potential decrease of property values. Many people stated they would not have purchased their homes if they knew this lot was buildable. Several people said they were not notified of the Planning Board meeting held in April 2010 dealing with the subdivision of the property.
Richard Meads stated he believes there are legal issues because residents in the neighborhood were told nothing would be built. Michael Ford questioned the 100’ setback requirement and feels the lot is inadequate. He gave a history of the 1985 Planning Board meetings, as well as the 1985 Special Permit granted to Gerry Parent, as well as an environmental impact statement of 1985 and a letter from then-Chief of Police regarding the Green Buffer zone. There was a question whether the application needs to be made by the the owner rather than a prospective purchaser.
Letters of objection were read into the record from Goldman, Marchese family members, Griffin, DeCroce, Thibault, Beebe, Candito, Leopold, Caputo, Felix, Sands, McCabe, Goldman, Vitek, D’Angelo, Cuciniello, LaRoche, Pontius, and Chudomel.
The meeting was closed to further comment from the audience at 8:32 pm for the Board to discuss the case.Since new plans had first been received at the hearing it was recognized that the application would have to be continued. The Board discussed possible Association Covenants and if they are binding regarding the green buffer zone; whether promises were made to abutters that there would be no future building in the so-called buffer zone and if they were binding, that the applicant would at least need a Power of Attorney from the owner to proceed with the application, the issue of using a paper road versus using Route 6 as frontage; and that the parcel doesn’t appear to be part of the Association. Paul Murphy stated although it was a difficult decision the issue of 100’
setbacks in R2 zone, our bylaws do not say we have to honor the front or back lines. He stated according to the applicant West Road is the frontage .
The Board requested Building Inspector Paul Murphy contact Town Counsel for guidance as to whether if the application can proceed with a power of attorney from the property owner to the applicant and what rules or regulations, if any, apply to determining frontage.
Roger Putnam moved to continue to 10/21/10; seconded by Nick Nicholson; passed 4-1.
8:50 pm
10-31 Townsend, 350 State Hwy, Map 47, Parcel 107: Application for Variance to construct a 1,595 sq. ft. Affordable Accessory Dwelling Unit (MGL Ch. 40-A, S.10). The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson, and Roger Putnam. Theresa Townsend requested a withdrawal without prejudice because she has new plans for a 1,155 square foot dwelling and doesn’t require the variance. Roger Putnam moved to allow the applicant to withdraw without prejudice; seconded by Bruce Drucker; passed 4-1.
Other Business
Chair Vern Jacob read a letter from Christine Bates in which an abutter questioned the safe access for emergency vehicles at 1520 Baker Avenue. The Board requested Ms. Bates write a letter to Fire Chief Silverman requesting he make a site visit to determine the safety issues with an additional two cars on the property at 1520 Baker Avenue and respond to the Board prior to the scheduled hearing on October 21, 2010. Bruce Drucker did not participate in this discussion.
Don Palladino, who is planning to resign, stated he enjoyed working with the Board and the Board thanked him for his contributions and friendship.
Roger Putnam moved to adjourn at 9:15 pm; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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