Minutes of Zoning Board of Appeals Public Meeting
Date: November 4, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger, Roger Putnam, Tom Reinhart, Mick Lynch, Sibel Asantugrul and Christine Bates, Committee Secretary
Chair Vernon Jacob opened the meeting at 7:00 pm and stated the meeting was being recorded.
Public Hearings:
7:02 pm
10-26 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. There was no representation for the hearing nor was there a formal request for continuation. Bruce Drucker moved to continue to November 18, 2010; seconded Manny Heyliger, passed 5-0.
7:05 pm
10-28 Meredith 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 (Cont’d from 09/16/10). The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson, and Tom Reinhart. At the September 16, 2010 meeting, David Lajoie gave a presentation of the proposed project and the Zoning Board was waiting for the Conservation Commission approval. David Lajoie stated approval had been received. Bruce Drucker moved for Findings of Fact:
a) This is an application under Wellfleet Zoning Bylaw 6.1.5 to construct a covered screened front porch at the south side of the existing dwelling measuring approximately 12 feet x 17 feet.
b) The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1930 according to the Assessor’s Office.
c) The existing non-conformity regarding the structure is intrusion into the south setback.
d) There will be no change in use.
e) There will be no increase in use.
f) There was no objection from the abutters and several abutters have approved the project.
g) The project has received approval from the Conservation Commission.
h) The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
William Nicholson moved to accept the Findings of Fact; seconded by Tom Reinhart; passed
5-0. Vern Jacob moved to approve the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
7:11 pm
10-09 Perot, 36 Indian Neck Rd., Map 28, Parcel 45: Request for amendment for 1’ increase in overall north-south dimension, 3’ first floor deck overhang above garage doors, 2’2” increase to north-south dimension on second floor volume of building, and build dormer on east elevation to stabilize fire place chimney. Sibel Asantugrul recused herself. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam and Tom Reinhart. Gary Lopriore, builder, gave an overview of the project, stating the changes to the originally approved plan will minimal increase the lot coverage. Bruce Drucker moved for
Findings of Fact:
a) This is an application to amend Special Permit 10-09 dated June 10, 2010.
b) The amendment seeks a 1’ increase in overall north-south dimension, a 3’ first floor deck overhang above garage doors, a 2’2” increase to north-south dimension on second floor volume of building, a 2” modification on the west wall foundation footprint, and a dormer on east elevation to stabilize the fire place chimney.
c) The findings contained in Special Permit 10-09 dated June 10, 2010 are incorporated into these findings by reference as if fully stated.
d) There are no objections from abutters to the proposed amendment to the Special Permit.
e) The changes proposed in the amendment will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.
Roger Putnam moved to accept the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Roger Putnam moved to approve the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; Tom Reinhart stated the expansion is too large; passed 4-1.
7:36 pm
10-32 Ramsay / Litwak, 60 Gulch Rd., Map 9, Parcel 642: Application for a Special Permit under WZB 6.1.5.1(b) and 6.24.3 for volumetric increase of dwelling within setback located in National Seashore Park District. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, and Manny Heyliger. Mark Hammer and Robina Ramsay gave an overview of the project. He stated the addition in the back is 775 square feet and with a small addition to the front of the dwelling within the setback. He explained they will make a new entryway to the house in the front because the access is now in the back of the
dwelling. The floor area is below the National Seashore guideline. Chair Jacob read the letter dated 11/2/10 with no objections from the National Seashore. Paul Murphy, Building Inspector, stated the house was built prior to 1959, then rebuilt in 1979, and is being expanded again. He stated the park can comment, but the Wellfleet bylaws are what are enforced. The National Seashore had concerns with the calculations and Mr. Hammer stated the information he received was from the previous owners and the town. There was discussion regarding the National Seashore guidelines and the Wellfleet bylaws.
Vern Jacob moved for Findings of Fact:
a) The lot is located in the NSP District.
b) 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.
c) The existing nonconformity regarding the structure is intrusion into the front setback by 35.5.feet.
d) This is an application for a National Seashore Park Special Permit under Wellfleet Zoning Bylaw 6.24.
e) The existing site coverage of the structure under Wellfleet Zoning Bylaw 5.4.3.1 is 2,080 sq. ft.
f) The proposed site coverage would be 2,469.75 square feet.
g) The maximum site coverage for this lot under Wellfleet Zoning Bylaw 5.4.3.1 is 2,512 sq. ft.
h) As provided for in Wellfleet Zoning Bylaw 6.24.3, the Cape Cod National Seashore’s 50% use guidelines for the dwelling would be 1,584 sq. ft of livable floor area and the proposed livable floor area would be 2,769.75 sq. ft.
i) Even though the proposed alteration will exceed the Cape Cod National Seashore’s 50% use guidelines, the project will not have a significant adverse impact on the scenic views and on the prevailing scale, mass and character of the neighborhood and zoning district.
j) The intrusion into the front of setback will be reduced from 35.5 feet to 30.1 feet.
k) After considering the District Objectives for the zoning district as provided for in Wellfleet Zoning Bylaw 3.2 and the relevant criteria set forth in Wellfleet Zoning Bylaw 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
l) The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.
Robert Hankey 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; with the following conditions:
a) The landscape shall be preserved in its natural state insofar as practical.
b) All runoff shall be recharged on site based on a calculated 25-year storm.
c) Lighting must be consistent with General Bylaws of the Town of Wellfleet.
Seconded by William Nicholson; passed 5-0.
Other Business
Attorney Ben Zehnder had requested a discussion with the Board regarding Special Permit 10-16 (Lee, 95 Rockwell Ave.). He did not attend the public hearings. Building Inspector, Paul Murphy, stated he was aware of the request and that abutters needed to be informed of any construction protocol changes. The consensus of the ZBA was that the applicant needs to submit a request for amendment. Paul Murphy will inform Attorney Zehnder that any changes to the approved plan require an amendment be filed.
Roger Putnam moved the 10/21/10 meeting minutes as amended; seconded by Manny Heyliger; passed 5-0.
Bruce Drucker moved to adjourn at 8:02 pm; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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