Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: February 7, 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, Don Palladino and Sibel Asantugrul
7:02 pm
12-32 Amendment, Justin and Jessica Dalby, 75 Cassick Valley Rd., #3, Map305, Parcel 25, request for Amendment to previously approved special permit to reduce the scale of the addition. The Board consisted of Bruce Drucker, Roger Putnam, Manny Heyliger, William Nicholson and Mick Lynch. The Dalby’s stated this will be a smaller scale addition and the square footage will be within the cottage colony guidelines. Roger Putnam moved for Findings of Fact:
1. This is an application to amend previously approved 11/13/12 special permit 12-32 to reduce the scale of the addition.
2. The previously approved 11/13/12 special permit 12-32 findings and decision are incorporated by reference.
3. The applicants propose not to build a 2nd story on the structure and request a smaller-scale addition of one room on the west side and the extension of the existing water heater room on the North side of the dwelling by 4 feet.
4. There was no objection from the abutters.
5. There will be no change in use.
6. 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 proposed amendment will outweigh any adverse effects on the Town and the vicinity.
7. The alteration in the proposed amendment willz not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
Roger Putnam 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 Roger Putnam;
passed 5-0.
7:08 pm
13-02 Itty Bitty, LLC, 284 Ocean View Drive, Map 24, Parcel 96: Application for a Special Permit under WZB 6.1.5.1.b and 6.24 to construct partial 2nd level expansion with no change in footprint.
The Board consisted of Bruce Drucker, William Nicholson, Roger Putnam, Mick Lynch and Sharon Inger. Manny Heyliger recused himself. Jay Horowitz represented the applicant and stated there will be an expansion on the second floor and a roof deck over an existing roof. The southerly part of the house will remain the same. Due to the small lot, the entire house is nonconforming. There is 15.3% lot coverage. The expansion will be a 24% increase over the existing habitable space. Views will not be compromised with the proposed project. Letters of support from Mr. and Mrs. Colvin and Ms. Krasting were read. A letter from the National Seashore was read stating they had no objection. The Board had no objection. Roger Putnam moved for Findings of Fact.
1. This is an application for a Special Permit under WZB 6.1.5.1 and 6.24 to construct a partial 2nd level expansion with no change in footprint within the National Seashore Park zoning district.
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1955 according to the Assessor’s Office.
3. The existing non-conformities regarding the dwelling are intrusion into the front setback, intrusion into the rear setback, intrusion into the west side setback and 15.8% lot coverage in excess of the 5% allowable coverage per WZBL 5.4.3.1.
4. The existing dwelling is a 999 square foot 2 story structure.
5. The applicant proposes to construct an addition to 2nd story on the existing 1st story which includes an addition to the dwelling that extends volumetrically into the front, rear and west side setbacks.
6. The applicant has demonstrated that the proposed alteration would satisfy all of the criteria for a special permit contained in Wellfleet Zoning Bylaw section 8.4.2
7. There will be no change in use.
8. There are no objections from abutters, including the Cape Cod National Seashore
9. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure
10. Pursuant to the special permit criteria contained in Wellfleet Zoning Bylaw section 6.24.3 (6), the Board finds that the applicant has demonstrated that that the proposed alteration does not have a significant adverse impact on the scenic views and on the prevailing scale, mass and character of the neighborhood and zoning district.
11. The alteration complies with the special permit criteria contained in Wellfleet Zoning Bylaw section 6.24.3
12. 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.
13. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
Roger Putnam moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam;
passed 5-0.
7:25 pm
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 01/17/13). The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam and Sharon Ingers. Attorney Ben Zehnder represented the applicant and stated the revised site plan keeps the habitable space within the current footprint with the exception of decking and an outside stairway. The requested calculations were provided. The letter from the National
Seashore was noted. There was discussion regarding bylaw 5.4.3.1. Attorney Zehnder stated the staircase is located outside because if would take up too much of the habitable space if it were inside the dwelling. The Board expressed concerns with the decking on the west side, the garage, the outside stairs and the balconies. Attorney Zehnder stated the westerly decking could be cut back at an angle reducing the size to 38 square feet vs. 50 square feet in order to have an entrance into the kitchen area and have a BBQ area. Further discussion took place regarding the outside stairs and lot coverage. Attorney Zehnder requested a continuance. Bruce Drucker moved to continue to 03/21/13; seconded by Roger Putnam; passed 5-0.
Business
Meeting Minutes
Bruce Drucker moved to approve the amended 01/17/13 meeting minutes; seconded by Roger Putnam; passed 5-0.
Notification of meetings, site visits, etc. will be through e-mail, unless some urgent information is required to make phone calls.
Bruce Drucker moved to adjourn at 8:00 pm; seconded by Roger Putnam; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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