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Zoning Board of Appeals 05/05/11
Minutes of Zoning Board of Appeals Public Meeting

Date:           May 5, 2011
Time:           7:00 PM
Location:       Wellfleet eSr. Center
Attendees:      Vern Jacob, Roger Putnam, William Nicholson, Bruce Drucker, Sibel Asantugrul, Mick Lynch, Manny Heyliger, and Mary Rogers, Committee Secretary.  
Regrets:        Bruce Drucker, Tom Reinhart and Robert Hankey

Chair Jacob opened the meeting at 7:00 p.m. and stated the meeting was being recorded.         

Public Hearings:
7:00 pm

11-11 Brandt, 216 Samoset Ave., Map 28, Parcel 93, Application for a Special Permit under WZB 6.1.5.1outside stairway and additional decking (Cont’d from 03/17/11)  The Board consisted of: Vern Jacob, Roger Putnam, Mick Lynch, William Nicholson and Sibel Asantugrul.  

Vern Jacob read the minutes of 3/3/11.  A continuation had been requested again at the 3/17/11 meeting, Jacob noted.  Attorney Ben Zehnder and Rob Brandt came forward to present the revised plan.  Mr. Zehnder addressed visibility issues, compatibility, the decks, scale and use of the house.  Roger Putnam asked for the increase in lot coverage.  Sibel Asantugrul had questions on the deck size.  Mick Lynch asked about rental use in summer.  William Nicholson commended the Brandts for ameliorating the situation with their plan.  

Roger Putnam moved for Findings of Fact:

1.      The Building is a lawfully pre-existing, nonconforming structure having been built in 1989 according to the Assessor’s Office.
2.      The existing non conformities are intrusions into all of the setbacks.
3.      The lot coverage is now 14.3%, up from 13.5%.
4.      There was one objection from an abutter.
5.      The alteration will not be more substantially detrimental to the neighborhood than the existing, non-conforming structure.


Roger Putnam moved the Finding of Fact; seconded by William Nicholson; passed 5-0.  

Chair Jacob moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.

7:20 p.m.
11-15   Hirst, 25 Water St., Map 30, Parcel 131:  Application for a Special Permit under WZB 6.1.5 to remove deck and stairs and replace with wrap-a-round deck and two sets of stairs.  The Board consisted of: Vern Jacob, Roger Putnam, Mick Lynch, William Nicholson and Manny Heyliger.  

Chester Lay of Slade Associates explained the project deck and staircases.  Vern Jacob read into record a letter of explanation from the Hirsts and letters supporting the project from abutters: the Whites, Susan Gunn and Eric Bulock. There were no comments for the Board.  

Roger Putnam moved for Findings of Fact:
1.      The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1950 with a lot area of 14,688 square feet.
2.      There is no change of lot coverage which remains at the present 5%.
3.      There will be further intrusions in the setbacks  at the northwest corner and at the southwest corner.  
4.      There were no objections from abutters.
5.      There were many favorable comments from abutters.

Roger Putnam moved the Finding of Fact; seconded by William Nicholson; passed 5-0.  Chair Jacob moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.

Other Business
The Board discussed the zoning bylaw changes for Affordable Housing as approved at Annual Town Meeting.

Chair Jacob moved to adjourn at 7:30 p.m.; seconded by Mick Lynch; passed 6-0.

Respectfully submitted,

Mary Rogers, Committee Secretary