Minutes of Zoning Board of Appeals Public Meeting
Date: April 21, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker, Sibel Asantrugul, Mick Lynch , Tom Reinhart, Manny Heyliger, Roger Putnam, and Christine Bates, Committee Secretary.
Regrets: Vern Jacob, Robert Hankey and William Nicholson
Vice Chair Drucker opened the meeting at 7:00 p.m. and stated the meeting was being recorded.
Public Hearings:
7:00 pm
11-13 Neil Jacobs & Deborah Posin, 249 Main St., Map 15, Parcel 60, Application for a Special Permit under WZB 6.1.5 and 5.4.3 to extend existing porch structure to exceed maximum allowable building coverage of 15% (cont’d from 03/17/11). The Board consisted of Bruce Drucker, Manny Heyliger, Mick Lynch, Roger Putnam and Sibel Asantugrul. Manny Heyliger stated he had read the minutes and made a site visit. Peter Coneen, representing the applicant, stated the property is in the central district and he distributed a chart identifying abutting properties lot coverage obtained from field cards at the Assessor’s office. The design of
the porch has been reduced and there will be 3/10% increase in lot coverage. The porch will not be extended on the right side of the dwelling. The Board was in agreement this was a better design. Letters of support were read into the record by Goldman’s, Montague, and Wulsin. Bruce Drucker moved for Findings of Fact; seconded by Roger Putnam: 5-0.
1. This is an application under Wellfleet Zoning Bylaw 6.1.5 to alter an existing single-family dwelling by extending the porch on the west side of the larger of the two dwellings on the lot by 25 square feet.
2. The larger dwelling is a lawfully pre-existing, nonconforming structure having been built in 1820 according to the Assessor’s Office.
3. The existing non-conformities regarding the structures are intrusion into the front, side and rear setbacks and building coverage in excess of 15%.
4. The proposed extension of the porch would result in a very slight increase in the building lot coverage from 24.4% to 24.7%.
5. There was no objection from the abutters and three have supported the project.
6. There will be no change in use.
7. 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.
8. The proposed alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structures.
Roger Putnam moved to approve 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 subject to the following condition:
1. The porch will not be enclosed.
7:15 pm
11-14 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30, Parcel 22: Application for a Special Permit under WZB 8.4.2 and M.G.L.c.40A section 6, construct roof overhang on the southern side of building to shelter existing ramp at front of building and to enclose the area between the building and the walk-in coolers on east side first floor deck area to meet health code requirements. Mick Lynch recused himself. The Board consisted of Bruce Drucker, Manny Heyliger, Tom Reinhart, Roger Putnam, and Sibel Asantugrul. Attorney Ben Zehnder represented the applicant and gave an overview of the project, stating the overhang will follow the contour of
the ramp. He stated the Board of Health requires an enclosed area when food products are moved from one area to another; therefore, an enclosure is needed for the walk in coolers. Mick Lynch, abutter, stated the owners have been good business neighbors, and expressed concerns with the parking. Zehnder stated the Selectmen would address the issue for any future police assistance regarding safety. Zehnder stated they may have valet parking or have a dedicated employee addressing the parking. Zehnder stated there is very little they can do in the future to the structure. Tom Reinhart felt there had been too many changes/additions to the structure and property. There was discussion regarding a permanent roof overhang versus a canvas awning. Roger Putnam moved for Findings of Fact:
1. This is an application for a Special Permit to construct a roof overhang on the south side building and to enclose the area between the building and the walk-in coolers on the east side first floor deck.
2. The building is a lawfully pre-existing nonconforming structure.
3. The existing nonconformities include intrusion into the setbacks.
4. There will be no change to the restaurant seating, the occupancy of the restaurant or increase in use of the restaurant.
5. There are no objections from abutters.
6. 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.
7. 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 Sibel Asantugrul; passed 4-1. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact subject to the following conditions:
1. The roof overhang on the southern side of the building will not be enclosed.
2. There will be no serving of patrons in the area under the roof overhang.
Seconded by Roger Putnam; passed 4-1.
Other Business:
Roger Putnam moved to approve the 4/03/11 meeting minutes as amended; seconded by Bruce Druvker; passed 5-0.
Bruce Drucker moved to adjourn at 8:15 pm; seconded Mick Lynch; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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