Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: February 16, 2012
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker, William Nicholson, Manny Heyliger, Mick Lynch, Roger Putnam, Tom Reinhart, Sharon Inger and Christine Bates, Committee Sec’y
Regrets: Vern Jacob and Robert Hankey
7:00 pm
12-10 James, Janice, Mark and Brenda Jekel, 120 Pleasant Point Road, Map 35, Parcel 103: Application for a Special Permit under WZB 6.1.5.1.b: Add a 12’ x 32.4’ deck onto the southerly end of the dwelling. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Tom Reinhart and Mick Lynch. Manny Heyliger and William Nicholson stated they made a site visit. Chet Lay represented the applicant and gave an overview of the project, identifying the setbacks. The Board discussed the project, stating it didn’t appear to obstruct any views from abutters and wasn’t detrimental to the neighborhood. One
member stated the deck is already in the setback and the proposed deck is too large for the size of the property. Bruce Drucker moved for Findings of Fact:
1. This is an application under WZB 6.1.5.1.b to extend a deck.
2. The house and lot are a prior existing nonconforming lot and house, built in 1915 per Assessor’s records.
3. The lot is nonconforming as to size.
4. The house is nonconforming as to front yard and side yard setbacks.
5. There is a prior Special Permit to add a second floor on the house.
6. The property is in the R1 District.
7. The proposed deck would not intrude further into the setbacks.
8. The proposed deck would be no higher than the existing stoop.
9. There would be no increase in lot coverage.
10. There will be no change in use.
11. There will be no increase in use.
12. The proposed deck will not intrude into existing views.
13. There were no objections from abutters.
14. The proposed addition to the porch would not be more substantially detrimental to the neighborhood than the existing structure.
Bruce Drucker moved to approve the Findings of Fact; seconded by Manny Heyliger, passed 4-1. Bruce Drucker moved to grant the Special Permit based on the Findings of Facts; seconded by Manny Heyliger, passed 4-1.
7:10 pm
12-11 Lawrence Coulter, 88 Cottontail Road, Map 29, Parcel 4: Application for a Special Permit under WZB 6.2: Place a garage (accessory building) within side setback. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Sharon Inger and Roger Putnam. Dr. Coulter came to the table and gave an overview of the project, stating he wants to protect his car from the elements as well as have a garage for easier access for himself. A letter from James Wallace stated he had no objection to the project. Bruce Drucker moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1. This is an application under WZB 6.2
2. The house was built in 1986 as per Assessor’s records.
3. The house is in the R1 District and contains a dental office.
4. The lot is nonconforming as to size, being 20,156 sq. ft. or 0.463 acres.
5. The application is to erect a pre-fab garage with the side yard setback.
6. The existing dwelling and shed cover 1,060 sq. ft or 5.26% lot coverage.
7. The pre-fab garage will add 240 sq. ft. for a total of 1,300 sq. ft. or 6.45% lot coverage.
8. There will be a volumetric increase of approximately 2,100 cubit feet with the setback.
9. The garage is placed on the lot in such a manner as will minimize handicapped walking distances.
10. The dental office contributes to the availability of services in the community.
11. There will be no change in use.
12. There will be no increase in use.
13. There were no objections from abutters.
14. The addition of a pre-fab garage to the property will not render it more substantially detrimental to the neighborhood.
Bruce Drucker moved the Findings of Fact; seconded by Roger Putnam; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam, Passed 5-0.
7:18 pm
12-12(a) Seaman’s Bank, 2746 Route 6, Map 15, Parcel 143: Application for a Special Permit to raze lawful preexisting nonconforming commercial structure and reconstruct commercial bank building partially within front yard setback area but relocated further away from front lot line. The Board consisted of Bruce Drucker: William Nicholson, Manny Heyliger, Roger Putnam and Tom Reinhart. Attorney Jay Murphy, Chet Lay, surveyor, and Curt Raber, architecture, came to the table. Attorney Murphy gave an overview of the project, identifying the size of the lot, the property lines, the history of the building, and a previous variance for the vault. He stated the current bank structure is deteriorating and settling in the ground.
The exterior material will appear to be constructed of wood but it will have a concrete base. The current lot coverage is 3.5% and will increase to 6%. 32 parking spaces are required based on the bylaws. Attorney Murphy stated the new bank structure will not create any additional traffic issues as it has been in town since the 1950’s. This will be a year-round service to the community with year round employment. Attorney Murphy gave an overview of the parking, entryways, driveway width, and curb radius. Based on the fact that the egress and access have been in use since the 1950’s, they would request no changes to the current widths radii. This will be an investment in the town in order to serve the town, the people, and the charitable organizations in the area. The ATM will be placed at the front of the building with enhanced vegetative screening. The Planning Board supported the project as a Development
of Significant Impact, along with approving the waivers requested for a traffic study and financial impact study.
Curt Raber, architect, stated the new structure will be built while the current bank stays in business, and then the old structure will be demolished. He gave an overview of what the interior of the building, which includes a second floor for a large conference room, which will be made available to the public. The building requires an elevator to serve the second floor. There will be no basement, only a crawl space. A plan identifying the grade of the property was presented and supports for the building need to be placed 35 feet under the crawl space. Mr. Raber explained the elevations, the ceiling heights, and the roofline. The elevator has certain regulations which need to be met, and the
height of the building over the elevator will be at 31 feet. However, the remainder of the roofline is at 28 feet. The drive-though will be open during regular banking hours and the ATM will have 24 hour access.
Letters received from the Planning Board, the Wicked Oyster, Al Davis and Rebecca Boyd were read into the record.
Steve Oliver and Kate McCawley stated they supported the project.
The Board discussed the project, stating they had a concern with the number of parking spots which would be covered with asphalt and asked if some of the parking spots could be moved to the side of the building using gravel. Mr. Rogers, President of the bank, stated the current building is not a modern banking building and they require more space for electronic equipment, computers, and adequate bathroom facilities. The Board requested a new landscape plan identifying taller vegetation at the back of the property. Chet Lay stated gravel would not be used for the entire parking area because of snow removal issues. The conference room will be used for banking businesses as well as civic usage. The Board
requested information on the hours of operation and asked the applicant to check for credit for landscaping which would eliminate some parking spots. Lighting will be mounted on the building, recessed under the porch and at the drive-thru, and small lamp post lighting in the driveway. Roger Putnam moved to continue to March 15, 2012; seconded by Bruce Drucker; passed 5-0.
8:30 pm
12-12(b) Seaman’s Bank, 2746 Route 6, Map 15, Parcel 143, Application for a Variance Request pursuant to MA General Laws Chapter 40A, Section 10 to authorize construction of elevator town at height of 31’8” which exceeds maximum height of 28 feet under Sec. 5.4.4 of WZB. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam and Tom Reinhart. Attorney Jay Murphy, Chet Lay, surveyor, and architect, Curt Raybur came to the table. Mr. Raber stated the height of the roofline over the elevator has been reduced to 31’ 2”. Attorney Murphy stated this property was part of a bog prior to being built in the 1950’s, and the proposed structure’s supports will be 35’ into the ground. He gave an overview of the foundation requirements, the piles required for support, and the lack of a basement due to the ground water level. The elevator is a requirement for handicap accessibility and a very small portion of the roofline needs a height variance. Attorney
Murphy stated there is a hardship due to the soil conditions and topography on the site. The architect requested the Board to view a prototype of the covering to be used for the elevator tower. The Board stated they appreciated the design of the building, but the raised covering for the elevator tower was for decorative purposes and not a necessity. They pointed out the Wellfleet Fire Department building was redesigned to bring its elevator tower within the 28 ft. limit. The architect stated they had to raise the building due to frost protection and the hardship is at grade level. The architecture stated there are smaller elevators available but cannot be used for new construction. Attorney Murphy stated each case should be looked at for the merits, not the fact that the Board doesn’t usually grant variances. Attorney Murphy stated a one story building would be a financial hardship and the size of the building would be increased.
Roger Putnam moved to continue to March 15, 2012; seconded by Bruce Drucker; passed 5-0.
Other Business
Bruce Drucker moved to approve the amended 020/2/12 meeting minutes; seconded by Roger Putnam; passed 5-0.
Bruce Drucker moved to adjourn at 9:05 pm; seconded by Roger Putnam; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 