1pproved
Minutes of Zoning Board of Appeals Public Meeting
Date: August 16, 2012
Time: 7:00 PM
Location Wellfleet Sr. Center
Attendees:Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch, Sharon Inger, and Christine Bates, Committee Secretary
Regrets: Robert Hankey and Sibel Asantugrul
Chair Jacob called the meeting to order at 7:00 pm and stated the meeting was tape recorded.
7:03 pm
12-27 James Famulare, 2060 Weatherly Ave., Map 20, Parcel 19, Application for a Special Permit under WZB 6.1.1 for a three (3) season room and replace decking. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Sharon Inger. Mr. Famulare gave an overview of the project, stating they are proposing a three season room and will replace the decking. Erin Schroeder, Raymond Steele, Charles and Vi O’Connor, Patrick McPherson, Jeff and Cheryl Faria, Mr. and Mrs Jeff Tierney, Gary Gouthro, Joan Collins, and Tom and Maria Hollis wrote letters of support for the project. Vern Jacob moved for Findings of Fact;
seconded by Sharon Inger, passed 5-0.
1. This is an application under Wellfleet Zoning Bylaw 6.1.1 to expand a lawfully pre-existing mobile home at Harbor Lights Mobile Home Park.
2. The proposal requests the addition of a 160 sq. ft. three season room and a 109 sq. ft. deck. The existing deck will be removed.
3. The total square footage of the mobile home, after the addition of the deck and three season room, will be 828 sq. ft. This is within the 840 sq. ft. lot coverage specified in Condition 3 of the September 26, 2006 Special Permit of the Wellfleet Zoning Board of Appeals, Case 06-15.
4. The project has an 8 foot setback from adjacent mobile home.
5. There will be no increase in use.
6. There will be no change in use.
7. The project has been approved by the Conservation Commission.
8. There are nine letters of support from neighbors.
9. The plan has been approved by the Building Inspector.
10. The project complies with the conditions in Case 06-15.
11. The project will not be more detrimental to the neighborhood than the existing non-conforming stucture.
Bruce Drucker moved the Findings of Fact; seconded by William Nicholson; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
7:01 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 (Cont’d from 08/02/12). At the request of the applicant, Vern Jacob moved to continue to October 4, 2012; seconded by Manny Heyliger; passed 5-0. This will be the last continuance granted at the applicant’s request.
7:18 pm
12-26 Susannah Pabot, Trustee of the Beer Wellfleet Properties Trust, 206A Kendrick Ave, Map 20, Parcel 28: Application for a Special Permit under WZB 8.4.2 and 1) WZB 6.15 to alter an existing nonconforming single-family dwelling; or 2) WZB6.1.1 to expand an existing cottage colony by altering a residential unit therein; or 3) M.G.L.c.40 A Section 6 to alter or expand an existing cottage colony by altering a residential unit therein; or 4) to amend Special Permit No. 94-28 to alter a residential unit therein. All requests concern the proposed removal of so-called Unit #8 and replacement of the same with a single family residential structure.
(Cont’d from 08/02/12). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Roger Putnam replacing Robert Hankey. Attorney Ben Zehnder gave a history of the building permit which was granted by the Building Inspector. Attorney Zehnder stated the application allows the Board to review several different bylaws in order to issue a Special Permit. He stated the original Crows’s Nest cottage is to be removed, which is nonconforming in setbacks, and the new structure’s location meets the setback requirements. The total lot coverage, following the removal of #8, will be 5.69%. The exclusive use of this unit would be 3.77% lot coverage. Attorney Zehnder stated the basement area is 1,053 square feet and will not be used as habitable space and the main floor is 1,053 square feet. The square footage for living would increase by 250 square feet over the existing cottage. The
condominium deed states this is seasonal use only and there will be no change in use. Attorney Zehnder stated the location of the new construction took the abutters views into consideration. In opposition to the request for a Special Permit, Attorney David Reid representing abutters Carol Ridker and Alice Carter, provided reasons he believes a special permit should not be granted and why the ZBA isn’t empowered by the WZBL to grant a special permit in this case. This includes the definition of a cottage colony according to Wellfleet Zoning Bylaws, the Special Permit/Variances which were granted in 1994, the parcel contains four cottages and is not for a single family dwelling, and the increase in size of the proposed unit is above the allowable square feet by 37%. He expressed concern with the floor plan in that there was no stairway to the basement and that one of the bedrooms does not meet building code in size. He feels this will not be
a benefit to the town or the abutters, has an inappropriate view from the roadways, and pointed out the current structure was not built at the location approved by the Building Inspector. Attorney Leslie Ann Moore stated she represents John Daniels, an abutter, and agrees with Mr. Reid’s statements. Richard Stevens stated he does not consider the structures a commercial use and considers them single family units, based on his interpretation of the bylaws and building codes. Attorney Reid stated a cottage colony is a commercial use per the WZBL.
Three letters of objection were recognized by the Board. Mr. Pauls, abutter, stated a nearby property is for sale advertising that the future owner could remove the four existing cottages and replace with a single family dwelling. He also stated since the tree buffer was cut down on the Pabot property, the noise level has risen on his property. Bill Willerstein stated this proposal constitutes a significant adverse visual impact. Carol Ridker, abutter, stated the original approved site location for the structure was changed on the parcel. The builder stated that due to topography, there would have been a 30 foot high foundation and the structure was moved into a conforming site on the
property which is acceptable to building codes. Carol Nelson, abutter, stated she is against the permit. Attorney Zehnder stated the use of the property has not changed and the Board could modify the 1994 special permit; trees can be removed without approval, the proposed construction will not create any adverse affects, and the view from the people on Hiller Avenue is a one story structure. He stated it would not be a benefit to the town to have the structure removed.
Members of the Board expressed the following:
· this is a cottage colony
· concern with size of the basement
· the basement could be used for other purposes
· possibility of filling in the basement
· reduce exterior floor area
· The Board discussed that there was tree topping on the property
· There was a discussion about the concrete walls in the basement
· The Board also discussed that the habitable living area should be 768 sq ft as called for in the bylaw
The members of the Board do not feel they have the authority to issue a special permit based on the bylaws.
Attorney Zehnder requested a continuation in order to discuss the Boards’ concerns with the applicant, Attorney Reid requested a vote. Mr. Zehnder stated this is the first hearing for this application. The Board agreed to a continuation with any new paperwork, including plans be submitted to the Board by September 6, 2012 and proposed Findings of Fact and Decision to be submitted to the Board by the lawyers by September 13, 2012. Bruce Drucker moved to continue to September 20, 2012; seconded by Roger Putnam passed 5-0.
Other Business
Roger Putnam moved to approve the amended July 12, 2012 meeting minutes; seconded by Manny Heyliger; passed 7-0.
Roger Putnam moved to approve the August 2, 2012 meeting minutes; seconded by Manny Heyliger; passed 7-0.
Bruce Drucker moved to adjourn at 9:15 pm; seconded by Manny Heyliger; passed 7-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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