Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: May 17, 2012
Time: 7:00 PM
Location:Wellfleet Sr. Center
Attendees: Vern Jacob, Manny Heyliger, Robert Hankey, William Nicholson, Roger Putnam, Mick Lynch, Sharon Inger, Tom Reinhart, and Christine Bates, Committee Secretary
Regrets: Bruce Drucker
Chair Jacob called the meeting to order at 7:00 pm. Chair Jacob thanked the Board for carrying on while he was away.
7:01 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 Vern Jacob, Tom Reinhart, Manny Heyliger, Sharon Inger, and Roger Putnam. Attorney Ben Zehnder represented the applicant. The meeting minutes of 05/03/12 were read. Vern Jacob stated he had made a site visit and read the minutes. Jim Batiste also attended. Three new plans were submitted identifying the
proposed landscaping, a drawing of the elevation of the decking and roof construction, and the the construction plan. Abutter, Mr. Ferber stated the plans address his earlier concerns. The Board was in agreement that the plans addressed their concerns. The motel next door is used for housing and the two cottages on the property are used for staff. Vern Jacob pointed out that because nothing has changed with the restaurant, it will not affect the parking and is not a significant impact. Mr. Batiste stated when it gets too cold for people to sit outside, they will close the decking, but the restaurant will remain open all year. Roger Putnam moved for Findings of Fact; seconded by Sharon Inger, passed 5-0.
1. The restaurant structure is located in the commercial district and is lawfully pre-existing nonconforming and was built in 1950 according to the Assessor’s office.
2. The existing nonconformities regarding the structure are intrusion into the front setback.
3. The applicant proposes to construct a 32’ x 38’ covered deck over an existing patio self-serving dining area.
4. The building lot coverage will increase from 6% to 7% which is within the 25% maximum building lot coverage allowed in the commercial district.
5. There will be no change in use.
6. There are no objections from abutters.
7. There will be no wait service on the patio.
8. After considering the district objectives as provided in WZB 3.2 and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefit of the proposal will outweigh any adverse effects on the town and vicinity.
9. There are adequate parking spaces.
10. The alteration will not be substantially detrimental to the neighborhood in the existing nonconforming structure.
Roger Putnam moved the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact with the following conditions:
1. All lighting will be shielded to keep the light within the property.
2. According to the owner of the establishment, the patio will close at 10:00 pm.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0.
7:27 pm
12-16 Cedar Freyss-Cole, 165 Paine Hollow Rd., Map 29, Parcel 393, Application for a Special Permit t under WZB 5.3.1 for a residential stable for two or three goats. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey, and Mick Lynch. Mr. Cole stated he will get two female goats and possibly a third for grazing to eliminate the poison ivy. There will be no free ranging. The project was approved by the Board of Health. Letters from Jane Cole Geisler, the Geisler family and Shah’s supported the project. Concerns were read into the record from the Gens, but they did not object. Tom
Martin objected to the project. The Board felt the property is adequate and recommended strong fencing. William Nicholson moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1. This is a permitted activity.
2. Approved plan is on file with the Board of Health.
3. The permit is for three female goats (no breeding).
4. The lot is over two acres which is adequate for the shed and fencing.
5. There was one objection from an abutter.
William Nicholson moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Manny Heyliger moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
7:50 pm
12-17 Paul and Patricia McDavitt, 175 Commercial St., Map 21, Parcel 117: Application for a Special Permit under WZB 6.1.5.1.b and 6.14.3: add a deck and steps to south side of dwelling. Tom Reinhart stated he had made a site visit. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Sharon Inger and Tom Reinhart. Chet Lay represented the applicant. Mr. McDavitt and the builder attended the meeting. Chet Lay stated the Conservation Commission approved the project and provided an overview of the project, identifying the setbacks. He provided a plan showing what a conforming deck would look like, which
would be smaller. A letter of opposition from Mr. Contant, abutter, was read as well as two letters of support from Daniel Glucksman and Roger Cacchiotti.. Discussion among the Board members included the location of the deck, being too close to the road, as well as the decking area being too large. It was questioned if this house is on the historical list and does decking fit the design. Chet Lay stated he anticipated the Board may feel the decking was too large and requested a continuation with revised plans. The Board made recommendations on what they would like to see, such as lowering the proposed deck, moving the front of the decking further back from the street. William Nicholson moved to continue to June 7, 2012; seconded by Mick Lynch, passed 5-0.
8:20 pm
12-18 Nickerson Lumber, 45 Commercial St., Map 15, Parcel 102: Application for a Special Permit under WZB 5.3.2 and MA GLc40 s6: build a covered lumber rack 85’ x 10’ by 14’ in height and request a floodplain exemption under 6.14.3 and 6.14.3.1. The Board consisted of Vern Jacob, William Nicholson, Roger Putnam, Mick Lynch and Sharon Inger. Gary Haigh of Mid Cape Home Centers stated due to the economy, the rack was never built from the Special Permit granted in 2007. Mr. Haigh stated this is for only one covered lumber rack in the front of the buildings. The drawings included in the application show two racks. The Board requested an accurate plan and design. Robert Henry, abutter, stated this project would devalue his property, will block off any water view he has, and will impact his life. Another abutter stated this is both a commercial and residential neighborhood and doesn’t want to see the 84’ rack. Robin Robinson, an abutter, stated she is not opposed to a business
doing what they need to do but asked if there were something that would be less intrusive to the neighborhood and this would block all water views from her residence. Another abutter questioned if the rack could be placed in the back of building 2. Mr. Haigh stated they wanted a permanent structure and the current racks behind building 2 are portable and not as large. He stated historically, this business and the buildings have been at this location since 1951. Mr. Haigh stated the reason it is designed at 14 feet high is that it will be less on the footprint than what the lumber currently takes up now. Members of the Board felt this design does not fit in well with the town and is too large for the neighborhood. Mr. Haigh stated he will discuss the Board’s concerns with the new owners. Sharon Inger moved to continue to July 19, 2012; seconded by William Nicholson; passed 5-0.
9:00 pm
12-19 Maura Donahue, 245 Baker Ave., Map 15 Parcel 88, Application for a Special Permit under WZB 6.1.5 to demolish and reconstruct new dwelling. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey and Roger Putnam Sibel Asantugrul stated she is the architect. Ms. Donahue gave a history of the property stating it became uninhabitable two years ago due to water damage. She gave an overview of the proposed architectural design. Letters of support from the Kent’s, the Alciati’s, Gerry Pouliot and Susan Siegel Pouliot, Claudia Drucker, and Joan Coughlin were read. One
abutter was concerned with traffic flow during demolition and reconstruction and Sibel Asantrugul stated the contractors would not leave vehicles in the roadway. Materials would be off loaded and the vehicles would have to move from the premises and any debris be removed on a daily basis once the demolition took place. There was discussion regarding animal infestation during the demolition process. Ms. Donahue stated the proposed dwelling will be built on the existing footprint. There are currently three sides of the home within the setbacks. There will be a volumetric increase and the lot coverage will be under 15%. The decking will be closer to the setbacks as well. The Board in general liked the plans provided. Roger Putnam moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1. This is an application under WZB 6.1.5 to rebuild a residence on an existing foundation.
2. The lot is nonconforming as to size.
3. The foundation is nonconforming in front, rear and one yard side.
4. The proposed dwelling will increase the lot coverage from 13.83% to 14.61%.
5. There will be a 28% increase in volume.
6. There will be an increase of less than one (1) foot in front yard intrusion.
7. The use conforms to the objective of the Central District.
8. There is no change in use.
9. There will be no increase in use.
10. There is no objection from abutters.
11. Public and private views have been considered.
12. The proposed structure will be no more detrimental to the neighborhood than the existing structure.
Roger Putnam moved to approve the Findings of Fact; seconded Robert Hankey; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Other Business
Chair Jacob read the letter from the Office of the Attorney General regarding Stephen Curley’s open meeting law complaint.
William Nicholson moved to adjourn at 9:45 pm; seconded by Manny Heyliger; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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