Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: February 21, 2013
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Acting Chair Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Sharon Inger and Christine Bates, Committee Secretary
Regrets: Vern Jacob, Sibel Asantugrul, Mick Lynch, Don Palladino
Acting Chair Drucker opened the meeting at 7:00 pm and informed participants the meeting was being recorded.
13-05 Richard and Esther Elkin, 100 Catboat Road, Map 41, Parcel 87, Request for Special Permit under WZB 6.1.5, 8.2.2 and 8.4.2 to construct a handicap ramp and landings, a small retaining wall and storage shed within the setbacks. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam and Sharon Inger. Joyce Cuming represented the applicant and stated there is a family member who requires handicap access. The project was approved by the Conservation Commission. Portions of the driveway will be replaced with pervious materials and revegetation will take place on the bank. The shed will store outdoor furniture. Roger Putnam moved for Findings of Fact:
1. This is an application for a Special Permit under WZB 6.1.5, 8.2.2 and 8.4.2 to construct a handicap ramp and landings, a small retaining wall and storage shed within the setbacks.
2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at 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 side setbacks.
4. There will be no change in use.
5. There will be no increase in use.
6. The proposed construction is modest in scale and scope, conforms with the objectives of the residential District and the additional side setback intrusion is relatively minimal.
7. There was no objection from the 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.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
Business
Meeting Minutes
Bruce Drucker moved to approve the amended 02/07/13 meeting minutes; seconded by Sharon Inger; passed 5-0.
Roger Putnam moved for adjournment at 7:30; seconded by Bruce Drucker; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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