Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: November 1, 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 and Robert Hankey
Chair Jacob called the meeting to order at 7:00 pm and stated the meeting was tape recorded.
7:02 pm
09-07 Rispoli Ventures, LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22: Request for an amendment to previously approved Special Permit to amend parking and seating plans for existing restaurant and bakery. Applicant proposes to abandon existing apartment use. The applicant requested a withdrawal without prejudice prior to the publication in the newspaper.
Chair Jacob read the letter from Building Inspector, Richard Stevens to Rispoli Ventures LLC, dated October 24, 2012 regarding the appeal filed by Attorney Ben Zehnder for Application 12-22 which stated he would require Rispoli’s compliance with the decision.
7:04 pm
12-32 Jessica Dalby, 75 Cassick Valley Rd., #2, Map 30, Parcel 25: Application for a Special Permit under 6.1 for an addition of second floor to existing structure, which will remain inside existing footprint. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Mick Lynch. Attorney Ben Zehnder represented the applicant and stated the condominium was created in 1997 and the structures were built in 1968. He read the bylaws of 1967 describing cottage colonies. He stated this was designed and permitted as a cottage colony but in the ensuing years, the structures have become year round dwellings. Richard Mason, elected Manager of the property, stated one of the units was originally built with over 1,000 square feet of habitable space and was told the
property is known as condominium ownership. He read his letter of support for the project. Letters of support from Ms. Poindexter, Mr. Peacock, Ms. Beck, Ms. Dupont, Ms. Ancona, Mr. Sharp, and Mr. Wagner.
Roger Putnam stated that he feels this is a cottage colony and is concerned with the front decking intruding into the setback. He pointed out that the other cottages on the property have been enlarged with no special permits granted. Attorney Ben Zehnder stated cottage colonies were allowed in this district in the 1960’s and now require special permits. Zehnder explained the front decking will be removed. Mr. Mason stated all changes/modifications were approved by the owners of the condominiums and three previous building inspectors granted building permits by right for the expansions done in the past. Attorney Zehnder stated there have not been restrictions regarding seasonal use. The Board discussed the year-round use of the property and the history of the expansions on the other
units.
Vern Jacob moved for Findings of Fact:
1. This is a Special Permit application for the addition of a second floor to an existing residence.
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1968 according to the Assessor’s Office.
3. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2
4. 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.
5. The proposed second floor will be within the dwelling's existing footprint.
6. There was no objection from the abutters and the abutters support the application.
7. There will be no change in use.
8. There will be no increase in building lot coverage.
9. The number of bedrooms will remain the same at two.
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 the Findings of Fact; seconded by Mick Lynch; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 4-1 with Vern Jacob opposing the vote.
7:00
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 (Cont’d from 10/18/12)
Board: At the request of the applicant, Vern Jacob moved to continue to December 7, 2012; seconded by Bruce Drucker; passed 5-0.
Business
Meeting Minutes
Roger Putnam moved to approve the amended meeting minutes of 10/18/12; seconded by Bruce Drucker; passed 5-0.
Roger Putnam moved to adjourn at 7:45 pm; seconded by Bruce Drucker; passed 7-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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