Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: January 17, 2013
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Acting Chair Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch, Sharon Inger and Christine Bates, Committee Secretary
Regrets: Vern Jacob and Sibel Asantugrul
Acting Chair Drucker announced Roger Putnam is now a regular member of the Board and Don Palladino will be the new associate member.
Acting Chair Drucker stated all the requirements for ZBA applications are on the web as well as handed out when the application is given.
7:02 pm
12-34 Heather Reavey, 145 Indian Neck Road, Map 28, Parcel 135: Application for a Special Permit under WZB 6.1.5 for an alteration of a nonconforming single family residential structure (Cont’d from 01/03/13). The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Sharon Inger and Mick Lynch. Peter Coneen represented the applicant and stated the revised plans identify the elevations. The height of the building will be 25 ½ feet. The Board felt this would be an improvement to the neighborhood. Bruce Drucker moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.
1. This is an application under Wellfleet Zoning By-law 6.1.5.
2. This is a lawfully pre-existing non-conforming property having been built in 1955.
3. This property is located in the R1 district.
4. The property is non-conforming as a result of insufficient rear and side set-backs.
5. There will be no increase in covered area.
6. There will be no material change in use.
7. Three will be no increase in use.
8. The use conforms with the objectives of the R1 district.
9. There are no objections from abutters.
10. The new structure will not be more substantially detrimental to the neighborhood than the existing structure.
Bruce Drucker moved the Findings of Fact; seconded by William Nicholson; passed 5-0. Based on the Findings of Fact, Bruce Drucker moved to grant the Special Permit; seconded by William Nicholson; passed 5-0.
7:25 pm
13-01 Robert and Angela Heffron, 54 Hiller Ave, Map 20, Parcel 68, Application for a Special Permit pursuant to M.G.L.c.40A.s.5 and WZB 6.15 and 8.4.2 to renovate the existing garage at locus and construct a 136 sq. ft. addition, converting these areas into a master bedroom suite and bathroom as well as an entryway to the existing house (Cont’d from 01/03/13). The Board consisted of Bruce Drucker, Manny Heyliger, William Nicholson, Sharon Inger and Roger Putnam. Attorney Ben Zehnder represented the applicant and stated the revised plans show the ridge height from grade. The height will be 13.9’ from grade. Bruce Drucker moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0:
1. This is an application under Wellfleet Zoning By-laws 6.1.5 and 8.4.2.
2. This is a lawfully pre-existing non-conforming property located in R1 district.
3. The property is non-conforming as to lot size and front and side setbacks.
4. There will be an increase in lot coverage of 136 sq. ft. or 0.13%.
5. There will be an increase in total volume of 1,040 cu. ft. or 14%.
6. There will be no further increases in the non-conformities.
7. There will be no change in use.
8. There will be no increase in use.
9. The use conforms with the objectives of the R1 district.
10. There are no objections from abutters.
11. The proposed alterations will not render the property more substantially detrimental to the neighborhood, than the existing structure.
Bruce Drucker moved the Findings of Fact; seconded by Roger Putnam, passed 5-0. Bruce Drucker moved to grant the Special Permit
based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
12-35 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 (Cont’d from 12/06/12). The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Sharon Inger, and Roger Putnam. Mr. Cleary represented the applicant and stated he submitted revised plans, identifying the setbacks. The current lot coverage is 11%, the increase would be 12%, or a total of 96 square feet. The Board’s comments included that this new structure resembles another habitable structure on the property and is not a shed, which Mr. Cleary was calling it; there is already a six bedroom dwelling on the property and this project creates too much density for the parcel; that if it could be relocated within the setbacks, the
application would not have to be before the Board; and the proposed structure would be a volumetric increase and would change the use because it is within the setback. Mr. Cleary stated there is no other location on the property due to the septic system location. The Board recommended Mr. Cleary talk with the Board of Health or present new plans to the Building Inspector. Mr. Cleary requested the application be withdrawn without prejudice. Bruce Drucker moved to allow the applicant to withdraw the application without prejudice; seconded by Roger Putnam; passed 5-0.
12-36 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 (Cont’d from 12/06/12). The Board consisted of Bruce Drucker, William Nicholson, Sharon Inger, Roger Putnam and Mick Lynch. Attorney Ben Zehnder, who is representing the application, requested a continuation to 02/07/13. Bruce Drucker moved to continue to 02/07/13; seconded by Roger Puitnam; passed 5-0.
Business
Town Administrator, Harry Terkanian, stated he went to the Planning Board meeting and they questioned if other boards could use the Consultant Fee Regulation. Acting Chair Bruce Drucker responded that he believed Town Counsel had opined that the Planning Board could utilize the regulation. Mr. Terkanian stated the wording should be changed to include the Planning Board. Mr. Drucker stated that the ZBA would cooperate with any needed changes and that the Planning Board should advise the ZBA what, if anything, the ZBA should do so that the Planning Board could use the regulation if it could not already use it.
On another subject, Mr. Terkanian stated the Town is reviewing the need for a full time Building Inspector and asked for a response from the Zoning Board. The Board stated they miss having the Building Inspector attend the ZBA meetings and site visits, the guidance offered at the meetings and that the ZBA felt that the Town benefited enormously from a full-time building inspector.
Roger Putnam moved to approve the amended January 6, 2013 meeting minutes; seconded by Bruce Drucker; passed 5-0.
Bruce Drucker moved to adjourn 8:00; seconded Roger Putnam; 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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