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Minutes of Zoning Board of Appeals Public Meeting
Date: March 21, 2013
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Acting Chair William Nicholson, Roger Putnam, Sibel Asantugrul, Mick Lynch, Sharon Inger, and Christine Bates, Committee Secretary
Regrets: Vern Jacob, Bruce Drucker, Manny Heyliger, and Don Palladino
Acting Chair Nicholson opened the meeting at 7:00 pm and informed participants the meeting was being recorded.
7:30 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 William Nicholson, Roger Putnam, Sharon Inger, Mick Lynch and Sibel Asantugrul. Attorney Ben Zehnder represented the applicant and stated the revised plans are within the footprint and the staircase was placed at the back of the dwelling, with livable floor area of 911 sq. feet. The letter from the Cape Cod National Seashore was read and they have no objection to the new plans for the renovations to the dwelling. The Board made the following comments: difficulty with violations already on the property and the
increase is greater than the 50% limitation set by the CCNS; concerned of the location in relationship to the road, problem with stairway and balconies, no mitigation with the garage, and one member stating he did not feel this would be more detrimental to the community. Attorney Zehnder stated he feels this is a modest increase. Attorney Zehnder requested a continuation to May 2, 2013. Roger Putnam moved to continue to 05/02/13; seconded by William Nicholson; passed 5-0.
7:12 pm
13-06 Neil Shubin and Michele Seidl, 30 State Street, Map 36, Parcel 30, Application for a Special Permit under WZB 6.1.5 to alter a pre-existing non-conforming residential structure by altering a dormer and construction of new decking on north-west side of building. Sibel Asantugrul recused herself. The Board consisted of William Nicholson, Roger Putnam, Sharon Inger and Mick Lynch. George Moe, Builder, represented the applicant. He stated the stairway would be located on the north-west side of the building. A letter from Stuart Armstrong and Michael Levesque was read stating they had no objection to the project. Diane Reynolds, abutter, stated she had no objection. Roger Putnam stated State Street is a paper street and that no vehicles could pass on it because the grade is
too steep. Mick Lynch stated he was concerned with the intrusion into the setback, but with the road situation, he does not have an issue. William Nicholson stated the house was built years ago and paper roads were frequently located on maps but due to the road situation, he does not have a problem with the project.
Roger Putnam moved for Findings of Fact:
1. This is an application under WZB 6.1.5 to alter a presently non-conforming residence by altering dormers and adding a deck on the north-west side.
2. The residence is a pre-existing non-conforming dwelling having been built in 1960 according to the assessor’s records.
3. The lot is non-conforming because of set-back infringements and lot size.
4. The interior work is entirely with the existing foot-print.
5. The proposed deck would be 117 sq. ft.
6. The proposed addition would add 0.5% to the lot coverage, bringing the total to 8.91%.
7. The use is compatible with the R-1 District objectives.
8. There will be no change in use.
9. There will be no increase in use.
10. It should be noted that most of the set-back intrusion incurs at a paper street which has no possible use.
11. The addition will have no impact on existing views.
12. There was no objection from abutters.
13. The alteration will not be more substantially detrimental to the neighborhood than the present structure.
14. This will not be a development of significant impact.
Roger Putnam moved the Findings of Fact; seconded by Mick Lynch; passed 4-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch; passed 4-0.
7:00 pm
13-07 Barry L. Smith, Harbor Light Circle (2003), Map 20, Parcel 19, Application for a Special Permit under WZB 6.1.1: Remove existing stairs, construct decking and new stairs. The Board consisted of William Nicholson, Roger Putnam, Mick Lynch, Sharon Inger and Sibel Asantugrul. Mr. Smith gave an overview of the project, stating the current stairway goes on an abutters property which he wants to remove and replace it with a deck and new stairway on his property. He stated he conforms with the square footage allowed in the mobile home park. He has permission from the Mobile Home Association. The Board had no objection with the project. William Nicholson moved for Findings of Fact:
1. This is an application under WZ 6.1.1 to remove existing stairway and add new decking and new stairway.
2. The property is located in the R-1 District.
3. The lot exists under the “cottage colony” by law.
4. The proposed removal of existing stairway will remove an intrusion into the adjoining lot.
5. There will be a small increase in lot coverage.
6. There will be no change in use.
7. There will be no increase in use.
8. The use is compatible with the R-1 District.
9. The project has the approval of the Mobile Home Association.
10. There is no objection from abutters.
11. The altered structure will not be more substantially detrimental to the neighborhood than the existing structure.
12. The proposed alterations do not create a significant development.
Roger Putnam moved the Findings of Fact; seconded by Mick Lynch; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch; passed 5-0.
Business
William Nicholson moved to approve the amended 02/21/13 meeting minutes; seconded by Roger Putnam; passed 4-0.
Mick Lynch moved to adjourn at 8:00 pm; seconded by Sharon Inger; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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