Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: May 3, 2012
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees:Bruce Drucker, Manny Heyliger, Robert Hankey, William Nicholson, Roger Putnam, Mick Lynch, Sharon Inger, Tom Reinhart, and Christine Bates, Committee Secretary
Chair Vernon Jacob was in attendance but did not participate in any hearings.
Chair Vernon Jacob was in attendance but did not participate in any hearings
7:00 pm
12-15~ Dennehy, 25 Richards Way, Map 42, Parcel 2: Application for a Special Permit pursuant under WZB 5.4.2 requesting setback relief of 17 feet from front setback for proposed garage. The Board consisted of Bruce Drucker, Robert, Hankey, Manny Heyliger, William Nicholson and Mick Lynch. Edward Dennehy gave an overview of the propose garage and the zoning changes from a residential to C2. He is requesting a 17 foot relief from the setback. The Board liked the screening that is provided on the property. Bruce Drucker moved for Findings of Fact:
Bruce Drucker moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.~
1. The lot is located in the C2 District.
2. The applicant proposes to construct a 28’ x 28’, 784 square foot garage which would be located with the 50 foot front setback specified for C2 District.
3. Pursuant to Wellfleet Zoning Bylaw 5.4.2, the Zoning Board of Appeals can issue a Special Permit to reduce the front yard setback to 30 feet from 50 feet.
4. The proposed garage would be 33 feet from the front lot line.
5. There will be no change in use.
6. There was no objection from the abutters.
7. 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 proposal will outweight anyi adverse effects on the Town and the vicinity.
Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch; passed 5-0.
Other Business
7:14 pm
· Gull Pond – 40B proposed changes
The Board consisted of Bruce Drucker, William NIcholson, Manny Heyliger, Robert Hankey and Roger Putnam. Ted Malone of Community Housing Resource, Inc. stated the project was having difficulty with funding when they came before the Board for an extension on October 6, 2011. Since that time, they have redesigned Units 1, 2 3, and 4, reducing the basement footprints but maintaining the same square living footage. He stated according to the 40B regulations and advice from Attorney Peter Freeman, the Board could make a determination that this is an insubstantial change. New plans were reviewed by the Board of the two buildings, which consist of one bedroom unit and one two-bedroom unit each. Robert Hankey remarked that he wished another access to the lot was pursued. Mr. Malone stated it cost approximately $300,000 for
the roadway and utilities to be installed.
Bruce Drucker moved: On May 3, 2012, after reviewing the April 26, 2012 Modification Request received from the applicant for the 250 Gull Pond Development, to modify the existing comprehensive permit as detailed in plans entitled and described and dates as follows: East Cape Engineering, Inc. Dwg: 06133-SP1-8-16-2011 revised plan
04/26/12, and Spring Hill Design Plans for Units A, B, C, and D dated 03/21/12 (pages 1, 2, 3, and 4), the Board determined that the April 26, 2012 Modification Request is insubstantial under 760 CMR 56.05(11) and 760 CMR 56.07 (4) and, so, the Comprehensive Permit shall be deemed modified so as to incorporate the said plans by reference and to supersede the prior plans accordingly; seconded by Roger Putnam; passed 5-0.
Bruce Drucker moved to approve the amended 4/19/12 meeting minutes, seconded by Roger Putnam; passed 8-0.
The Board temporarily adjourned the meeting at 7:38 pm for a few minutes waiting for Attorney Ben Zehnder who was representing the Lazy Lobstah. Andrew Parking requested the Board reconvene at
7:45 pm for the Laughing Lobster public hearing as Attorney Zehnder was still at another meeting out of town.
7:45 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. (Cont’d from 04/19/12)
The Board consisted of Bruce Drucker, Manny Heyliger, Sharon Inger, Tom Reinhart and Roger Putnam. Andrew Parkington represented the applicant and gave an overview of the revised plan identifying a fence and landscape screening. He stated they planned on utilizing polyvinyl roll-down enclosures to act as a buffer for any noise. Recessed lighting will be put in the rafters of the outdoor patio area. No serving will take place on the pation. David Ferber, abutter, stated he was still concerned with lighting and noise and felt the polyvinyl roll-downs could extend the use into the fall and spring. Mr. Parkington stated the fencing would be six feet tall. The Board expressed concern with the roll-down screening because it could extend the season and would like to know what anticipated timeframe the patio will be used,
the revised plan does not identify the species of the plantings, nor does the plan show what the patio fencing will look like. They also requested a lighting plan.~ The board stated the applicant must provide a plan 1 week prior to the next hearing showing the details of the landscaping, fence and lighting. Mr. Parkington stated he will talk to the owner regarding the requests of the board. Roger Putnam moved to continue to 05/17/12; seconded by Bruce Drucker; passed 5-0.
Bruce Drucker moved to adjourn at 8:10 pm; seconded by Manny Heyliger, passed 5-0..
Respectfully submitted,
Christine A. Bates, Committee Secretary
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