Minutes of Zoning Board of Appeals Public Meeting
Date: October 20, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, William Nicholson, Robert Hankey, Roger Putnam, Tom Reinhart, Manny Heyliger, Mick Lynch and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker
Chair Vern Jacob opened the meeting at 7:00 p.m. and stated the meeting was being recorded. He gave an overview of the agenda and the business meeting.
Public Hearings:
7:00 pm
11-20 Olga Kahn, 30 Marsh View, Map 28, Parcel 224: Application for a Special Permit under WZB 6.1.5 to enlarge two-story deck and add 6” siding/insulation to all exterior walls and roof. (Cont’d from 09/15/11) The Board consisted of Vern Jacob, Robert Hankey, William Nicholson replacing Bruce Drucker, , Manny Heyliger and Mick Lynch. Attorney Bruce Bierhans represented Olga Kahn and stated Ms. Kahn has three alternative deck plans to present. After discussion, Ms. Kahn requested the Board review the plan for Alternative #2 which would not extend the nonconformity of the setback issue yet give her a reasonably sized deck. The Board discussed the setback issues and determined the plans would be acceptable as presented. Vern Jacob moved for Findings of Fact; seconded by Robert Hankey;
1. This is a preexisting nonconforming property constructed in 1970.
2. The nonconformity is intrusion into the setback on the private road called Marshview.
3. The planned addition does not make a further intrusion into the existing setback than the original design; however, there is an additional area of intrusion into the setback for the increased area of the deck.
4. For residential developments, any contribution to year round resident: Enlargement of the deck, as proposed, will increase the owner’s enjoyment of the view of the Fox Island Marsh. In addition, the owner will be installing new siding and insulation to the exterior walls and roof improving the energy efficiency of the property.
5. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure
Manny Heyliger moved the Findings of Fact; seconded by William Nicholson; passed
5-0. Vern Jacob move to grant the Special Permit with the condition a revised plan will be submitted identifying the appropriate dimensions; seconded by William Nicholson; passed 5-0.
Other Business
The Board stated all future applications shall have only one plan presented.
Tom Reinhart stated he went to the Planning Board meeting on October 19, 2011 and the rough draft letter from the Zoning Board regarding potential bylaw change(s) was presented. The Planning Board reviewed the letter and plan on working on the items noted. Chair Jacob suggested working on one bylaw at a time and recommended the Board review the accessory building bylaw 6.2. He requested the Board members come prepared for a discussion on 6.2 at the November 3, 2011 meeting. Two members of the Board will then go forward to the Planning Board with recommendations. Chair Jacob will e-mail the Planning Board identifying the two representatives from the ZBA.
Vern Jacob moved to adjourn at 7:45; seconded by Robert Hankey; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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