Minutes of Zoning Board of Appeals Public Meeting
Date: May 19, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Bruce Drucker, Tom Reinhart, Robert Hankey, Roger Putnam, William Nicholson, Sibel Asantugrul, Mick Lynch, Manny Heyliger, and Christine Bates, Committee Secretary.
Chair Jacob opened the meeting at 7:00 p.m. and stated the meeting was being recorded.
Public Hearings:
7:00 pm
11-10 Coughlin, 0 Holbrook Ave., Map 14, Parcel 196, Variance Request from minimum frontage requirements. Bruce Drucker recused himself as an abutter to the property. The Board consisted of Vern Jacob, Manny Heyliger, Robert Hankey, William Nicholson, and Mick Lynch. At the request of the applicant’s attorney, Ben Zehnder, William Nicholson moved to withdraw the variance request without prejudice; seconded by Manny Heyliger; passed 5-0.
7:03 pm
11-16 C. M. Williams, Corp, dba The Juice, 6 Commercial St., Map 15, Parcel 92: Application for a Special Permit under MGL Ch. 40-1, WZB 8.2, 8.4.2, 5.3.2, and 5.4.12 requesting outside service for a food establishment. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, and Manny Heyliger. Attorney Bruce Bierhans gave an overview of project, stating there has been outdoor seating at this establishment since the 1970’s. A letter from the Health Agent was read into the record stating the septic is approved for a two bedroom, 19 seat restaurant. The Board had no issues with the request. A letter from
Richard Wulsin supported the application. Chair Jacob moved for Findings of Fact:
1. This is an application to permit outdoor seating at The Juice restaurant.
2. Outdoor restaurant seating is allowed by Special Permit pursuant to Wellfleet Zoning Bylaw 2.1
3. There will be no change in use.
4. There are no objections from abutters.
5. The seating capacity of The Juice is 19.
6. Pursuant to Wellfleet Zoning Bylaw 5.4.12 except as mayi be allowed by the Wellfleet Board of Health or other appropriate agency, the total of the indoor and outdoor seating of The Juice shall not exceed the total capacity of 19 as licensed by the Town of Wellfleet.
7. The Zoning Board of Appeals make no determination as to a liquor license for the “Proposed Outdoor Cocktail Service Waiting Area” shown on the drawing since that is a decision for the Wellfleet Board of Selectmen or other appropriate agency.
8. 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 that the benefits of the proposed outdoor seating will outweigh any adverse effects on the Town and the vicinity.
Robert Hankey 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 Robert Hankey; passed 5-0.
Other Business
There was discussion regarding the new affordable housing bylaws passed at the Annual Town Meeting.
Sibel Asantugrul stated the Selectmen approved her position to work in the Building Department two days per week, reporting to the building inspector. She will also be working with the Cape Cod Commission. She will keep us informed of the details.
Robert Hankey moved to adjourn at 7:30 pm; seconded by Mick Lynch; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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