Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: May 2, 2013
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Acting Chair Bruce Drucker, William Nicholson, Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger, Don Pallidino, and Christine Bates, Committee Secretary
Regrets: Vern Jacob and Sibel Asantugrul
7:00 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 03/16/13). The Board consisted of Bruce Drucker, Roger Putnam, Manny Heyliger, William Nicholson and Sharon Inger. Attorney Ben Zehnder requested a withdrawal without prejudice. Roger Putnam moved to allow the application be withdrawn without prejudice; seconded by Bruce Drucker; passed 5-0.
13-09 Robichaud, 1446 State Hwy, Map 30, Parcel 6, Application for a Special Permit under WZB 8.4.2 to allow the area above the South Wellfleet General Store to function as a legal residence. Mick Lynch recused himself. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger Roger Putnam and Sharon Inger. Mr. Robichaurd stated the previous owner was utilizing the upstairs as a storage and living area and he stated it would be a perfect location for the store manager to reside. Richard Blakely, an abutter, stated he is in favor of the store and the project. Robichaud stated they discussed the project with the Board of Health and will be installing a meter to determine water consumption and will upgrade the septic system if necessary. Melisa Iayala, a store owner in the area, stated she is in favor of having someone live on the
property for security reasons. Alan Kogos, owner of the Liquor Store, stated he feels this will be a good addition to the neighborhood. Mick Lynch stated having an owner provide housing for an employee is good. The Board was in favor of the application. Bruce Drucker moved for Findings of Fact:
1) This is an application under WZB 5.2, 5.4.3.1 and 8.4.2 for a Special Permit to allow a multiple use of this property, by allowing a residence to exist on the second floor of the existing South Wellfleet General Store.
2) The building is a lawfully existing structure in the C District.
3) The second floor has been in use as a residence since the memory of man runneth not to the contrary.
4) The building is owned by Davis’s corner LLO.
5) There will be no floor area increase.
6) There will be no volumetric increase.
7) There will be no change in use.
8) There will be no increase in use.
9) There has been no objection from abutters and abutters have spoken in support.
10) The proposed use is no more detrimental to the neighborhood than the present similar use.
11) There is adequate parking for the proposed use.
12) The South Wellfleet neighborhood will benefit by having a year-round General Store and Deli.
13) This Special Permit will not create a significant development
Roger Putnam moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
Business
Meeting Minutes Roger Putnam moved to approve the April 4, 2013 amended meeting minutes; seconded by Manny Heyliger; passed 5-0.
Bruce Drucker moved to go into Executive Session
Executive Session:
3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigation position of the public body and the chair so declares.
The public hearing will resume after the Executive Session.
Bruce Drucker moved to go into Executive Session; seconded by Roger Putnam with a role call vote of the following: Bruce Drucker, yes; William Nicholson, yes; Manny Heyliger, yes; Roger Putnam, yes, Mick Lynch, yes, Sharon Inger, yes; and Don Palladino, yes.
The public hearing session resumed at 7:55 pm;
Bruce Drucker moved to adjourn at 7:57 pm; seconded by Roger Putnam; passed 7-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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