Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: January 19, 2012
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: William Nicholson, Mick Lynch , Manny Heyliger, Roger Putnam, Sharon Inger and Christine Bates, Committee Secretary.~
Regrets: Vern Jacob, Bruce Drucker, Robert Hankey and Tom Reinhart
Acting Chair Nicholson opened the meeting at 7:00 p.m. and stated the meeting was being recorded.
Public Hearings:
7:00 pm
12-02 April Callahan, 149 Commercial St., Map 21, Parcel 120, Application for a Special Permit under WZB 6.1.1 for alteration/expansion to construct attachment for two bathrooms to replace existing bathroom. The Board consisted of William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch and Sharon Inger. John Newman represented the applicant and stated this project was previously approved for a Special Permit but no action was taken. The project is to join two cottages located in the rear of the property with a shared bathroom. There will be no excavation and the floors will remain the same height. Roger Putnam moved for
Findings of Fact; seconded by Mick Lynch; passed 5-0:
1) The application is made under WZB 6.1.1 to join two existing cottages into one cottage.
2) The existing property is nonconforming containing a single family residence and three (3) cottages.
3) The existing cottages are nonconforming for lack of side setback.
4) The addition will not create any further intrusion into the setback.
5) The merger of the two cottages brings the property closer to compliance.
6) There will be no increase in use.
7) There are no objections from abutters.
8) The proposal is not substantially more detrimental to the neighborhood.
Roger Putnam moved to approve the Findings of Fact; seconded by Mick Lynch,
passed 5-0. Roger Putnam moved to grant the Special Permit; seconded by Mick Lynch; passed 5-0.
7:08 pm
12-03 Lonnie Briggs, 51 Wireless Road, Map 30, Parcel 602: Application for a Special Permit under WZB 5.3.1 for a stable/farm permit for two horses. The Board consisted of William Nicholson, Manny Heyliger, Mick Lynch, Sharon Inger and Roger Putnam. Lonnie Briggs stated the stable request was approved by the Board of Health and the sheds are existing on the property. A letter from the National Seashore was read into the record, requesting the fencing not encroach on their property. Roger Putnam moved for Findings of Fact; seconded by Manny; passed 5-0.
1) This is an application under WZB 5.3.1.
2) The lot is located in the National Seashore District.
3) The home is a preexisting nonconforming due to side setbacks
4) Stable, Private is an allowed use in the National Seashore District according to WZB 5.4.3.1.
5) In accordance with Section 5.2 “Permitted Uses”, the Board determines that the use closely resembles, in its neighborhood impact, an authorized use in the same district.
6) The Board has considered the district objectives, as required by Section 8.4.2 and finds that the benefits to the town will outweigh any adverse effects on the Town, taking into account the district objectives.
7) The stables are already present on the lot as sheds.
8) There will be no increase in use.
9) There will be no increase in footprint.
10) The Board of Health has issued a permit for this use.
11) This use is not substantially more detrimental to the neighborhood.
Roger Putnam moved to approve the Findings of Fact; seconded by Mick Lynch; passed 5-0. Roger Putnam moved to grant the Special Permit; seconded by Manny Heyliger; passed 5 -0.
7:23 pm
12-04 Linda Hanifan and Joseph Pellegrino, Harbor Lights circle, Map 20, Parcel 19: Application for a Special Permit under WZB 6.1.1 to enclose an 8’ x 16’ deck on mobile home, replacing a window on the front and a window on the side. Also put vinyl siding on the entire mobile home. The Board consisted of William Nicholson, Manny Heyliger, Mick Lynch, Roger Putnam and Sharon Inger. Mr. Pellegrino gave an overview of the project, stating the deck will be enclosed on an already existing deck. The application has approval from the association which was handed in for the file. Roger Putnam moved for Findings of Fact;
seconded by Mick Lynch; passed 5-0.
1) This application is filed for a Special Permit under WZB 6.1.1.
2) The property is a preexisting nonconforming trailer park, currently known as Harbor Lights Village Cooperative.
3) The enclosed area will be increased by 128 square feet.
4) The lot coverage will be reduced by 54 square feet.
5) The alterations have been approved by the Harbor Lights Association.
6) These alterations will not render the property substantially more detrimental to the neighborhood.
Roger Putnam moved to approve the Findings of Fact; seconded by Mick Lynch;
passed 5-0. Sharon Inger moved to grant the Special Permit; seconded by Mick Lynch, passed 5-0.
7:30 pm
12-05 Cynthia Hope, 30 Second St., Map 29, Parcel 434, Application for a Special Permit under WZB 6.1.5 for an 8’ x 10’ addition. The Board consisted of William Nicholson, Manny Heyliger, Mick Lynch, Sharon Inger and Roger Putnam. Ms. Hope stated she wants to add a small office to the home to consolidate all the computer equipment she has for an office. This project was approved by the Conservation Commission. Roger Putnam moved for Findings of Fact; seconded by Manny Heyliger, passed 5-0.
1) This is an application for an alteration to a prior existing nonconforming single family residence having been constructed in 1988 according to the Assessor’s records.
2) The existing lot is nonconforming as to area.
3) The existing house is nonconforming due to setback intrusions into the side and rear of the lot.
4) The proposed structure would reduce the rear yard setback from 35.2 feet to 27.3 feet.
5) The addition would be within the 100 foot setback from the wetland, but this addition has been approved by the Conservation Commission.
6) There will be no change in use.
7) There will be no increase in use.
8) There was no objections from abutters.
9) This alteration will not be substantially more detrimental to the neighborhood.
Roger Putnam moved to approve the Findings of Fact; seconded by Mick Lynch;
passed 5-0. Roger Putnam moved to grant the Special Permit; seconded by Mick Lynch; passed 5-0.
7:38 pm
12-06 Eugene A. McPherson, 50 Samoset Ave., Map 28, Parcel 125, Application for a Special Permit under WZB 6.1.5 for a 20’ x 24’ addition to dwelling. The Board consisted of William Nicholson, Manny Heyliger, Mick Lynch, Roger Putnam and Sharon Inger. Mr. McPherson stated he wanted to expand his house and has tried several designs. He stated he spoke with the neighbor who is closest to the dwelling and there was no objection to the project. The addition will be two stories and one existing bedroom will be moved to the new addition. An abutter stated she reviewed the plans and she felt the height would not affect her.
Roger Putnam moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.
1) This is an application for an addition to a house on an existing nonconforming lot.
2) The house is nonconforming by virtue of intrusion into side and rear setbacks.
3) The home was built in 1952 according to the Assessors records.
4) The addition will not encroach further into the setbacks than the existing structure.
5) There will be an increase in the volume of the structure in the rear setback.
6) There will be no change in use.
7) The use conforms to the objectives of the R.1 district.
8) The addition to the house will not be substantially more detrimental to the neighborhood than the existing nonconforming structure.
Roger Putnam moved for the Findings of Fact; seconded by Mick Lynch; passed 5-0. Roger Putnam moved to grant the Special Permit; seconded by Mick Lynch, passed 5-0.
Other Business
Mick Lynch moved to adjourn at 8:00 pm; seconded by Roger Putnam; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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