Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
May 16, 2013, 7:00 pm
Wellfleet Senior Center
Attendees: Vern Jacob, Bruce Drucker, Manny Heyliger, Roger Puitnam, Sharon Inger, Don Palladino and Mick Lynch
Regrets: Sibel Asantugrul and William Nicholson
7:00 pm
13-08 Ellen Berezin, 30 Wigwam St., Map 35, Parcel 135: Application for a Special Permit under WZB 6.5.1 to add two bedrooms within current setback, construct a front porch, rear screened porch and new rear decking (Cont’d from 04/04/13). At the request of the applicant, Bruce Drucker moved to continue to 06/06/13; seconded by Roger Putnam; passed 7-0.
7:05 pm
Campbell and Nancy Rea, 35 Pine Point Way, Map 21, Parcel 48: Application for a Special Permit under WZB 6.1.5.1 b for an addition of a 12’ x 20’ garage and 6’ x 10’ covered porch. The Board consisted of Vern Jacob, Bruce Drucker, Roger Putnam, Manny Heyliger and Mick Lynch. Jay Horowitz represented the applicant and stated the current lot coverage is 3.44% and the proposed addition will result in lot coverage of 4.09% . He stated the addition would be in an already disturbed area and convenient to the kitchen door and the applicants did not want to disturb the marsh. Nancy Rea stated this would serve as a one car garage and feels this location would be better for the neighbors. The flooring of the garage would be shell. Mr. Horowitz stated the porch roofing would
blend in with the original roofline. E-mails were received from Jean Horner in support of the project and abutter Rhonda Fowler requested the work be done in the off season. Some Board members had concerns with an addition going further into the setbacks with an already nonconforming dwelling, that this is a large parcel of land and that garages are not a necessity. One member recommended placing the garage in the meadow area and Mr. Horowitz felt this would be a detriment to the neighborhood and the use of the road. Ms. Rea stated trees would have to be cut and the neighbor’s views would be hampered. One Board member stated this is the most logical place for a garage and another stated the house is already a hardship because the house was built before zoning and creating another driveway would be detrimental. Mr. Horowitz stated this is creating a courtyard into the house. Mr. Jacob stated the Rea’s are now fulltime
residents and the house was built in 1840. Ms. Rea stated there was a structure in the 1960’s that was demolished which was closer to the road than what they are asking for now. Mr. Horowitz requested a continuation to June 20, 2013. Roger Putnam moved to continue to 06/20/13; seconded by Bruce Drucker; passed 5-0.
7:25 pm
09-07 B Rispoli Ventures, LLC, 15 LeCount Hollow Road, Map 30, Parcel 22: Application for an Amendment to Special Permit 09-07 under WZB 8.4.2 to amend the approved parking plan and approved seating configuration for the existing restaurant and bakery. The Petitioner proposes increasing number of seats occupied at one time from 60 to 63. The Petitioner also proposes abandoning the use of second floor apartment in building. The Boards consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, Roger Putnam, and Sharon Inger. Mick Lynch recused himself as an abutter. Attorneys Eliza Cox and Sarah Turano-Flores represented the applicant. Ms. Cox gave a history of previous special permits regarding the parking issues and stated that the revised plan will accommodate 25 parking spots. She stated
the area for the bicycles is providing a safer area, providing a water fountain and fire pit and that bicyclist don’t have to pass the regular parking lot, the design reduces curb cuts and not as many cars have to back out. Ms. Cox stated the current seating plan is for 60 patrons, and the new proposal would be for 58 seats in the inside and 32 for the patio area. This would allow for better service and layout and comfort for the patrons and staff. She stated during the majority of the year, there would not be seating outside. By eliminating the apartment, the seating could be increased to 63 seats and improve the water consumption. Health Agent Greenberg-Lemos’ memo stated the 2200 gpd and the number of seats will not change the public water supply figures. The restaurant has exceeded the water supply usage in the past and Ms. Flores will have a conversation with the Health Agent.
The Board questioned how the seating will be enforced and Ms. Cox stated she could assure the Board it will not be exceeded. She stated a computer system/reservation system may be put into use and the two staff members responsible for reservations have been properly trained regarding seating. There is no service outside the restaurant, but there are two tables outside. Bruce Drucker expressed concern with parking in the mornings because the South Wellfleet Market will be opening and he feels the business owners will have to deal with the town regarding conjestion on Lecount Hallow Rd..
Roger Putnam moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.
1. This is an application for an Amendment to Special Permit 09-07 under WZB 8.4.2: (a) to amend the approved parking plan and approved seating configuration for the existing restaurant and bakery; (b) to increase the number of seats occupied at one time from 60 to 63; and , (c) to abandon the apartment use on the second floor
2. The Zoning Board of Appeals has made several site inspections of the lot and building which is the subject of this application, has reviewed all plans and drawings submitted with respect to this application and has reviewed the 5/8/13 letter submitted by the Applicant's attorney.
3. The subject lot is 50,995square feet containing a building used as a restaurant, retail bakery, and “take out” of sandwiches and various prepackaged retail food products.
4. The Special Permit issued on February 24, 2009 for application 09 – 07 provided among other things: (a) that there would be 60 seats inside the restaurant and 24 seats on the then outside deck of which only 60 would be used at any one time; and, (b) that the approved parking would have 25 spaces.
5. There are presently less than the required parking spaces, in excess of 60 seats are used in the restaurant during the tourist season and the apartment has been abandoned and the space is now used as an office.
6. A 1/22/13 Enforcement letter from the Building Inspector to the Applicant stated the restaurant was not in compliance with the seating approved by the Zoning Board of Appeals and the parking requirements of the Special Permit issued in application 09 – 07.
7. The proposed parking configuration will put the Applicant in compliance with the 25 parking spaces required by the Special Permit issued in application 09 – 07.
8. The proposed parking configuration has been approved by the Conservation Commission.
9. The proposed increase in seating from 60 to 63 will not significantly additionally impact traffic or the neighborhood.
10. The proposed abandonment of the apartment, which has already occurred, will not impact the neighborhood or housing in the Town.
11. There are no objections from abutters.
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.
Roger Putnam moved to accept the Findings of Fact; seconded Manny Heyliger; passed 5-0:
Based upon the foregoing Findings of Fact, Bruce Drucker moved to grant the Amendment to Special Permit 09-07 so that: (a) the 25 parking spaces and parking configuration shown on the Felco, Inc Plan dated 9/24/12 (Job # 09119) are approved; (b) a total restaurant seating configuration of 84 seats within the restaurant building and on the deck is approved , but the total number of persons seated within the restaurant building or on the deck at any one time is limited to 63; and, (c) the abandonment of the apartment and its use as an office is approved. Seconded by Roger Putnam; the Amendment to Special Permit 09-07 passed 5-0.
Roger Putnam moved that the Amendment to Special Permit 09-07 is subject to the following Conditions:
A) There will be no more than 63 persons seated within the restaurant building or on the deck at any one time and there will be no change or modification of the 63 seat limitation except by prior approval of the Zoning Board of Appeals.
B) Except for the currently existing two outdoor tables used only for “self service” patrons there will be no additional outdoor seating at any time except by prior approval of the Zoning Board of Appeals pursuant to WZBL 2.1 which states, in part: “Seating area for a restaurant may include open or outdoor terrace or patio upon issuance of a Special Permit.”
C) There will be no change, modification or alteration of the approved 25 parking spaces and parking configuration shown on the Felco, Inc Plan dated 9/24/12 (Job # 09119) except by prior approval of the Zoning Board of Appeals.
Seconded by Manny Heyliger; the Conditions to the Amendment to Special Permit 09-07 passed 5-0.
Ms. Flores reported the status of the litigation and stated there would be a telephone conference schedule for Tuesday, May 21, 2013.
Business meeting:
The Zoning Board of Appeals decision was affirmed with prejudice for the Thomas Gens and Tracey Gens appeal case in Barnstable County Court on April 16, 2013.
Bruce Drucker moved to adjourn at 8:30 pm; seconded Roger Putnam; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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