Minutes of Zoning Board of Appeals Public Meeting
Date: February 17 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Robert Hankey, Manny Heyliger, Mick Lynch , William Nicholson, Roger Putnam, Tom Reinhart, and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker and Sibel Asantrugul
Chair Jacob opened the meeting at 7:00 p.m. and stated that the meeting was being recorded.
Public Hearings:
7:02 pm
11-05 Nate Johnson, #39 Way 75, Map 23, Parcel 185, Application for a Special Permit under WZB 6.1.5.1 to demolish existing structure and construct a less nonconforming dwelling. The Board consisted of Vern Jacob, Manny Heyliger, William Nicholson, Robert Hankey, and Tom Reinhart. Chet Lay of Slade Associates, Inc. and Nate Johnson gave an overview of the project. A site visit was done. The original house was built in 1960 and is within the setbacks. The proposal is to build a smaller house, with 14.18% lot coverage. Due to the location of the septic tank and leaching area, the proposed dwelling has to be located within the
setbacks. An e-mail from Tina Buckley supported the project. Mary Schmidt, an abutter, supports the project. The Board was in concurrence that this will be an improvement to the property. Nate Johnson stated he may change the pitch to the roof and will keep the Board informed if there is any change. Vern Jacob moved for Findings of Fact:
1. The Building was built in 1960 and located within the R1 District.
2. The existing dwelling is a nonconforming dwelling.
3. The proposed lot coverage will be 14.18%
4. There will be a reduction in lot coverage from 17.57%.
5. There will be a decrease in use.
6. There is no objection from abutters.
7. The benefits of this demolition and rebuild outweigh any adverse effects.
8. The proposed dwelling will not be substantially more detrimental to the area.
seconded by Manny Heyliger. Robert Hankey moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
7:18 pm
11-06 Kevin and Tracy Keegan, 935 Chequessett Neck Rd., Map 19, Parcel 99, Application for a Special Permit under 6.1.5.1 to construct addition to dwelling.
The Board consisted of Vern Jacob, Robert Hankey, Manny Heyliger, William Nicholson and Mick Lynch. Contractor Jim Nickerson and Mr. Keegan gave an overview of the project, which will increase the nonconformity in setbacks. The addition is within a developed piece of property and was approved by the Board of Health and Conservation Commission. It was noted the stairs are not part of this application. The Board was unanimous with no objection to the project. The rotted out wood retaining walls will be replaced by concrete and the new retaining wall will be used as part of the addition. The Board noted there will be a volumetric increase into the setback. Vern Jacob moved for Findings of Fact:
1. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1961 according to the Assessor’s Office.
2. The lot is lawfully pre-existing nonconforming.
3. The existing non-conformities regarding the structure are inadequate lot area, intrusion into the front, left and right setbacks.
4. There is no change in use.
5. There is a further intrusion into the front setback by one foot to the position of the existing retaining wall.
6. There will be improvement to the retaining walls.
7. The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.
Manny Heyliger moved the Findings of Fact; seconded by Mick Lynch. Manny Heyliger moved to grant the Special Permit based on the Findings of Fact; seconded by MickLynch; passed 5-0.
7:37 pm
11-07 Michael A. Gilroy, 83 Samoset Ave., Map 28, Parcel 113, Application for a Special Permit under 6.1.5 to construct 4’ x 18’ addition connecting house to garage. The Board consisted of Vern Jacob, Manny Heyliger, William Nicholson, Robert Hankey, and Roger Putnam. Mr. Cole of Cape Associates and Mr. Gilroy gave an overview of the project. The area is an existing alley way and the enclosure will be a one story addition. There will be doors into the garage and into the house, as well as a door in the back. A letter from an abutter supported the project. The Board had no objection to the project. Vern Jacob moved
for Findings of Fact:
1. The dwelling is lawfully pre-existing nonconforming structure having been built in 1950.
2. The lot is lawfully preexisting nonconforming with intrusions into the front and right setbacks.
3. The project has received Conservation Commission approval.
4. The project creates improved bulkheads.
5. There will be no increase in use.
6. There will be no change in use.
7. The lot coverage changes increases to 23.4% from 22.1%.
8. The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.
9. The addition will not further impair the view.
Roger Putnam moved the Findings of Fact; seconded by Robert Hankey. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
8:20 pm
11-08 Benjamin and Selena Zehnder, 10 Woods Lot Rd., Map 23, Parcel 101, Application for a Special Permit under WZB 5.3.1 and 8.4.2 for residential farm to keep no more than 12 chickens. The Board consisted of Vern Jacob, Manny Heyliger, Robert Hankey, William Nicholson and Mick Lynch. Benjamin Zehnder gave an overview of the project, stating the Board had made a site visit and could see the proposed location of where the chickens would be kept. He stated the Board of Health will hear the project in March. It was noted the majority of immediate abutters supported the project. Mr. and Mrs.McChesney and Ms. Ragmussen stated they support
the project and they look at the area as rural and feel most of the objections are from people off Cape who spend 2 or 3 months here. Bob Walter stated he had no problem, but stated the covenants were rewritten and the people in the development are confused because they feel majority rules and Zehnder did not sign the covenant. Letters were read into the record for support: Margaret Ryan, Priscilla McChesney, Kevin Sexton, Peter Rothsteinh, Kate Washton, and Margaret Rasmussen. Letters of objection were from: James Connors, Robert Rindler, Jane Rosenzweig, Stella Strombolis, Kathrine LeTourneau, Peter Bernstein wrote a letter stating he is an immediate abutter and Zehnder identified his property as not an immediate abutter and it is a vacant lot. Objection from Darlene Levy, Herbert and Lilo Werner also stated they were immediate abutters and Zehnder identified their location within the neighborhood . Chair Jacob read the letter
from President Quiqley and Covenants Board member Jay Shapiro stating the Zehnder’s are not bound by the covenants.
The Board stated they take letters into consideration, but were in favor of the project because almost everyone has had experience with animals and farming. The chickens will be cooped and within a pen with fencing with no roosters. Barnyard fowl is allowed within Wellfleet with a Special Permit and the property owners must receive yearly approval from the Board of Health. Roger Putnam moved for Findings of Fact.
1. The keeping of barnyard fowl is permitted in the R1 district upon the granting of a Special Permit under WZB 5.3.1 and 8.4.2.
2. The Board of Health approval is required and renewed on an annual basis.
3. There were objections from six neighbors and six letters of speakers in support of the project.
4. The coop will be placed within the area designated on the plan.
5. The benefits outweigh any adverse effects.
Robert Hankey moved the Findings of Fact; seconded by Mick Lynch. Robert Hankey moved to grant the Special Permit based upon the Findings of Fact; seconded by William Nicholson with conditions; passed 5-0.
Conditions:
1. The applicant must receive approval from the Board of Health
2. There will be no more than 12 fowl and no roosters.
7:45 pm
11-09 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30, Parcel 22, Application for a Special Permit under WZB 8.4.2 for an extension to the rear deck and construction of a covered walkway, construction of a 5’ by 9’ basement office, and placement of a 11’ x 8’ by 9’ walk-in cooler(s) on east first floor deck. The Board consisted of Vern Jacob, Robert Hankey, Manny Heyliger, William Nicholson and Roger Putnam. Mick Lynch recused himself as an abutter. Attorney Zehnder stated this will not change any seating in the restaurant, but will allow additional space for the production of the food. The decking will have
a stairway to the prep area downstairs which will shelter them from the weather. The kitchen and bakery will be easier to access as well. There will be a 5 x 9 ‘addition for an office for the chefs. There will be a separate bread and pastry area. There will also be two coolers for the products to be placed on the decking. It was mentioned they would like to extend the roofline over the existing ramp in front of the building at a future point. There will be a 370 square foot increase in footprint with a 6.06 % lot coverage. There was discussion regarding the outside dining area and Paul Murphy, former Building Inspector, was on record that the construction was within the keeping of the permit. A letter of support was read into the record from the Blakeley’s. Roger Putnam moved for Findings of Fact:
1. There will be no change to the restaurant seating.
2. No change to occupancy of restaurant.
3. No increase in use.
4. No change to the area dealing with public.
5. This is a permitted activity.
6. This project has received both Board of Health and Conservation Commission approval.
7. The alteration is not more substantially detrimental to the neighborhood than the existing nonconforming use.
8. The lot coverage increases from 5.29% to 6.06%.
9. The Conservation Commission will have to review the coolers to determine if additional approval is necessary.
10. After taking into consideration, the Board finds the benefits outweigh any adverse effects.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact with one condition; seconded by William Nicholson; passed 5-0.
Condition:
1. A vegetative screening will be placed around the exterior of the coolers.
9:08 pm
11-10 Joan H. Coughlin, Trustee, 0 Holbrook Ave., Map 14, Parcel 196, Application for a Variance pursuant to WZB 8.4.3 and M.G.L.c. 40 A Section 10 from minimum frontage requirements of WZB Section 5.4.1. At the request of the applicant Attorney Ben Zehnder requested a continuation to May 19, 2011. Robert Hankey moved to continue to May 19, 2011; seconded by Manny Heyliger; passed 5-0.
Other Business
Meeting minutes:
Roger Putnam moved to approve the amended meeting minutes of January 6, January 20, and February 3, 2011; seconded by Vern Jacob, passed 5-0.
Vern Jacob moved to adjourn at 9:30 pm; seconded by Nick; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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