Approved Minutes of Zoning Board of Appeals Public Meeting
Date: December 6, 2012
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam, Sharon Inger, Sibel Asantrugrul, and Christine Bates, Committee Secretary
Regrets: Manny Heyliger, Vern Jacobs, and Mick Lynch
Acting Chair Drucker called the meeting to order at 7:00 pm and stated the meeting was tape recorded.
7:02 pm
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 11/01/12). The Board consisted of Bruce Drucker, Robert Hankey, William Nicholson, Sibel Asantugrul and Sharon Inger. The applicant sent an e-mail on November 30, 2012 requesting the application be withdrawn without prejudice. Bruce Drucker moved to allow the applicant to withdraw the application without prejudice; seconded by Robert Hankey; passed 5-0.
7:05 pm
12-10 Terri Gerber, 40 3rd Ave, Map 40, Parcel 85, Application for a Special Permit to increase the deck within front setbacks. The Board consisted of Bruce Drucker, William Nicholson, Robert Hankey, Sharon Inger and Sibel Asantugrul. A site visit was made by the Board. Mark Clancy represented the applicant and gave an overview of the project. There will be a further intrusion into the front setback from a previous Special Permit extending the deck. Bruce Drucker moved for Findings of Fact:
1. This is an application for a Special Permit to increase the existing 2nd floor deck 4' x 18' within the front setback.
2. 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
3. The existing non-conformities regarding the structure are intrusion into the front & rear setbacks.
4. The additional proposed intrusion of the second-floor deck is relatively nominal under the circumstances.
5. There will be no change in use.
6. There will be no increase in use.
7. There are no objections from abutters
8. 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.
9. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure
William Nicholson moved the Findings of Fact; seconded by Sibel Asantugrul; passed 4-1. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson passed 4-1.
7:15 pm
12-11 Jeanne Hubbach, 110 Cannon Hill Road, Map 30, Parcel 115: Application for a Special Permit under WZB 6.1.5 to remove existing accessory structure and replace with new structure. The Board consisted of Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam and Sharon Inger. Doug Cleary represented the applicant and gave an overview of the project, stating there will be an increase to the footprint of 18”. This will be a two story structure with a loft on the 2nd floor. Two abutters supported the project, Judith and Martin Bernstein and Barbara and William English. The Board advised Mr. Cleary that this looks like a second residence, there would be an increase of use on a tiny lot and the building could be lived in, that an accessory building might be built in a conforming location, and there is already 7 bedrooms in the
main house on 1/3 acre property. Mr. Cleary stated there is no bedroom planned for the accessory building. The Board requested an updated site plan identifying the setbacks, the current lot coverage, and proposed lot coverage. Bruce Drucker moved to continue to 1/17/13; seconded by Roger Putnam; passed 5-0.
7:32 pm
12-12 Hans and Gloria Gessell, 525 Long Pond Rd., Map 16, Parcel 637: Application for a Special Permit under WZB 6.1.5.1 and M.G.L.c.40A, S.6 to renovate an existing non-conforming, single-family residential structure to add a second story, a new roof, and new decks and exterior balconies, and a Special Permit pursuant to WZB 6.24 for said alterations within the National Seashore Park zoning district. The Board consisted of Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam and Sibel Asantugrul. Attorney Ben Zehnder represented the applicant and gave an overview of the project, stating the plans are calling for an additional 76 square feet of living space. The property is 5,084 sq. ft. surrounded by National Seashore. The garage is intruding on the National Seashore property. The proposed structure will encroach three setbacks.
The lot coverage is currently 14.93 % and will increase to 16.23%. Mr. Zehnder stated this structure does not have any close abutters to it and will not be a visual mass to the public. The total square footage, including the garage, will be 1,478 sq ft, not counting the basement and will not have a significant adverse impact on scenic views or scale of neighborhood according to Mr. Zehnder. This would be 315 sq ft over the National Seashore Use guideline. Natalie and Pete Lee wrote a letter stating they had no objection. The Board’s comments to the proposal included:
• The parcel is a very small lot
• The National Seashore’s letter objected to the project
• Some of the original summer camps are now becoming year round residence in the National Seashore.
• The increase in size of the proposed dwelling is above the recommended 50%.
• It was recommended the garage be removed from the property if the owners want the Board to consider a 2nd story on the dwelling.
• The current cottage is already three times over the seashore limitations.
• Concern with the setback encroachments so that if the owners want the Board to consider a 2nd story on the dwelling there should be no additional encroachment on any setback as a result of the 2nd story.
• The current plans do not identify current lot coverage, proposed lot coverage or the calculations required by the National Seashore.
Attorney Zehnder requested a continuation in order to speak with the applicants. Bruce Drucker moved to continue to January 17, 2013; seconded by Robert Hankey; passed 5-0.
Business
Meeting Minutes
Roger Putnam moved to approve the November 1, 2012 and November 15, 2012 amended meeting minutes; seconded by William Nicholson; passed 6-0.
Bruce Drucker moved to adjourn at 8:20 pm; seconded by Sharon Inger; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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