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Zoning Board of Appeals 04/19/12

Minutes of Zoning Board of Appeals Public Meeting

Date: April 19, 2012
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker,  Manny Heyliger, Roger Putnam, Sharon Inger, Tom                      Reinhart, and Christine Bates, Committee Secretary                              
Regrets: Vern Jacob, Robert Hankey, William Nicholson, Mick Lynch  ~
7:00 pm~
12-14~ Laughing Lobstah, LLC, 955 State Hwy Rte 6, Map 36, Parcel 189: Application for a Special Permit pursuant to M.G.L.c.40As.6 to alter existing nonconforming structure to construct roofed deck area over existing dining patio within Route 6 front yard setback area. The Board consisted of Bruce Drucker, Manny Heyliger, Sharon Inger, Tom Reinhart and Roger Putnam. Andrew Parkington, builder, and Jim Batiste, owner of the property, gave an overview of the project. Mr. Batiste stated there has been a patio in the back and would like to offer a covered area for the patrons. There will be 32 seats inside and 7 picnic tables outside. David Ferber, an abutter, stated there were trees between his condo complex and the restaurant which have been eliminated. He is concerned this may become a nuisance because there will be greater usage on the property and feels the lighting and noise will be detrimental to the neighborhood.  Tom Murphy, abutter, stated he can hear noise from the restaurant and expressed concern with alcohol being served on the patio. Mr.Batiste stated the trees were damaging the surrounding buildings. Mr. Murphy stated there were no previous issues at night because there were few customers. Mr.Parkington stated there is no change in use. Mr.Batiste stated he will be doing some landscaping. It was recommended a fence be placed around the patio. Luke Chapman questioned if there could be lights in the back and Mr.Batiste stated yes but that most of the business is during the day. Mr. Batiste stated the menu will be basically the same.~ Ms. Inger stated the roof should deflect some of the lighting.  Mr. Batiste stated it would not be open past 10:00 pm. Mr. Batiste stated the patio will not be enclosed. The outside seating will not be served and people will get food from the take out window. Mr.Drucker stated he would like to see a landscaping plan and plans for fencing, etc. to address the concerns of the abutters. Mr.Parkington stated that due to the timing of the season, he requested they agree to the plantings and a fence. Mr. Drucker stated he wanted a plan. Bruce Drucker moved to continue to May 2, 2012; seconded by Roger Putnam; passed 5-0.

Other Business
.Bruce Drucker moved to approve the 04/05/12 amended meeting minutes; seconded by Roger Putnam; passed 5-0.

Bruce Drucker moved to adjourn the meeting at 7:45 pm; seconded by Tom Reinhart; passed 5-0.

Respectfully submitted,                                      Christine A. Bates, Committee Secretary