Approved
Minutes of Zoning Board of Appeals Public Meeting
Date:October 18, 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: Sibel Asantugrul
Sibel Asantugrul sent a letter to Vern Jacob stating she will keep the Board informed when she will be able to attend meeting.
Chair Jacob called the meeting to order at 7:09 pm and stated the meeting was tape recorded.
7:18 pm
12-30~~~ Susan K. Urahn, 40 Way #60, Map 19, Parcel 18:~ Application for a Special Permit under WZB 6.1.5.1(b) to construct a 12’ x 14’ screened porch (Cont’d from 09/20/12). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Sharon Inger and Mick Lynch. Chet Lay represented the applicant and explained they had reduced the size of the screened porch to 10’ x 10’ and will remove the shed, so the total increase will be 32 square feet, with the lot coverage at 15.80%. The Board appreciated the reduction in
size of the porch and the removal of the shed. Bruce Drucker moved for Findings of Fact:
1. This is an application for a Special Permit under WZB 6.1.5.1(b) to construct a 10’ x 10’ screened porch
2. The Zoning Board of Appeals has made a site inspection of the lot which is the subject of this application and has reviewed all plans and drawings submitted with respect to this application.
3. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1945 according to the Assessor’s Office.
4. The existing non-conformities regarding the structure are intrusion into the front setback, intrusion into the rear setback, intrusion into the north side setback and building lot coverage in excess of 15%
5. The existing non-conformities regarding the lot are inadequate lot area and inadequate frontage.
6. The applicant will remove the 68 square-foot shed.
7. The proposed screened in porch would~ add to the existing nonconformities by intruding into the front and rear setbacks and would increase the existing building lot coverage after removing the shed from 15.17% to 15.8%.~
8. There was no objection from the abutters and an abutter has written in support of the application.
9. There will be no change in use.
10. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
11. The alteration will~not be more substantially detrimental to the neighborhood than~the existing non-conforming structure.
Manny Heyliger moved to approve the Findings of Fact; seconded by Sharon Inger; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0
7:30 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 09/20/12). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam and Mick Lynch. Attorney Ben Zehnder represented the applicant and stated the revised plans do not identify elevations, grade, or correct window placement. He questioned if the Board would want to continue the hearing so another set of plans could be submitted.
Attorney Reid stated he did not feel the Board could grant the Special Permit because the floor area of the building has not changed. Attorney Morse stated she agrees with Attorney Reid. Ms. Pabot again reiterated that she was following rules, had gone to the proper channels and that there have been thousands of dollars spent. The builder stated the roof cost $60,000 and that is the reason they want to save the roof-line. The main floor will be eliminated and the roof-line dropped. The Board discussed continuing the application and finding a solution. Attorney Zehnder stated this will look like a cottage with a porch in front. The current plans cannot be approved as provided. The Board agreed they do not have a mechanism to approve something that is already done and the
bylaws must be respected.
Attorney Zehnder requested a continuation to November 1, 2012. He then asked to withdraw his request for a continuation. He stated he would like to have the application withdrawn without prejudice. A new application will be submitted. William Nicholson moved to allow the applicant withdraw the application without prejudice; seconded by Roger Putnam; passed 5-0.
7:01 am
12-31 Darragh, 350 Pleasant Point Ave., Map 35, Parcel 150: Application for a Special Permit under WZB 5.4.2 to place a 10’ x 12’ shed within front setback. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Bruce Drucker and Robert Hankey. Mr. Darragh came before the Board and explained the abutting property is owned by the Town. It was noted the site plan does not identify the driveway location and the Board would like to see if there is an alternate location for the shed on the property that does not intrude into the setback. Mr. Darragh requested a continuation to November 1, 2012. Bruce Drucker moved to continue to November 1, 2012; seconded by Vern Jacob; passed 5-0.
Business:
Bruce Drucker moved to approve the 10/4/12 amended meeting minutes; seconded by Roger Putnam; passed 5-0.
Bruce Drucker moved to adjourn at 8:15 pm; seconded by Manny Heyliger; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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