Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
June 6, 2013, 7:00 pm
Wellfleet Senior Center
Attendees: Bruce Drucker, Manny Heyliger, William Nicholson, Roger Putnam, Sharon Inger, Sibel Asantugrul and Mick Lynch
Regrets: Vern Jacob and Don Palladino
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. Manny Heyliger recused himself. The Board consisted of Bruce Drucker, Roger Putnam, William Nicholson, Mick Lynch and Sibel Asantugrul. Jay Horowitz represented the applicant and gave an overview of the revised plan, stating the new design will be two stories, with a decrease in the decking area. The lot coverage is currently at 4.1% and the proposed project will be 6.8% lot coverage. There will be less construction within the buffer zone. The Board felt the applicant addressed all the concerns expressed. Roger Putnam moved the Findings of Fact:
1. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1963 according to the Assessor’s Office.
2. The existing non-conformities regarding the structure are intrusion into the 30' setback along Pleasant Point Avenue.
3. The lot is undersized consisting of 26,653 ft.² whereas 30,000 ft.² is the minimum lot requirement in the residential district.
4. The lot is lawfully pre-existing nonconforming.
5. The applicant proposes to volumetrically go onto the Pleasant Point Ave. setback by adding a 2nd story that has 56 sf of living area and 90sf of unfinished attic within the current setback..
6. The existing building lot coverage is 4.1 % and the proposed coverage will be 6.8% which is within the 15% building lot coverage allowed by Wellfleet Zoning Bylaw 5.4.3.
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 proposed alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure and lot.
William Nicholson moved the Findings of Fact; seconded by Roger Putnam; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
7:15 pm
13-11 Golden, 105 Hiller Ave., Map 20, Parcel 73: Application for a Special Permit under WZ 6.1.5.2b to construct a 16’ x 26’ garage. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam and Sharon Inger. Chet Lay represented the applicant and gave an overview of the project, stating the present garage will be converted to a family room. Because of the location of the septic system, the proposed garage will have to be built so as to create an intrusion into the setback. A letter from Harborside Village Cooperative Corporation stated there was no objection, but they are concerned about drainage. The garage will be at the same elevation and fill will have to be used for the driveway. The vegetation will remain on the property. There
were concerns from some members of the Board regarding the intrusion into the setback but the board recognized the restrictions due to the septic system. George Moe, the builder, stated there are health issues for the owner who would like to utilize the garage and be able to enter the dwelling. Roger Putnam stated the road is a private road and the practicality of the issue is that the applicant owns 20 feet of the road, which would not impact the setback issues. This house was built in 1989 and grandfathered because it was single ownership and was a lawfully buildable lot. Roger Putnam moved for Findings of Fact:
1. The dwelling is a lawfully conforming residential structure on a pre-existing lawfully non-conforming lot.
2. The applicant proposes to add a 16 x 26' garage which will intrude about 6 1/2 feet onto the setback.
3. There are no other intrusions into the setback.
4. There will be no change in use.
5. There are no objections from abutters.
6. The use conforms with the objectives of the Residential District
7. The building coverage is 6.06 % and the proposed coverage will be 7.68 % which is within the 15% building lot coverage allowed by Wellfleet Zoning Bylaw 5.4.3
8. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming use.
9. 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 the Findings of Fact; seconded by Manny Heyliger. Bruce moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0. Roger Putnam moved for the following Condition: The drainage resulting from the construction of the garage will be appropriately controlled so that it does not increase the flow of water from the subject lot to Harborside Village; seconded by Bruce Drucker; passed 5-0.
7:00 pm
13-12 Boehringer, 175 Cliff Rd., Map 24, Parcel 83, Application for a Special Permit under 6.1.5.2b to raze existing dwelling and replace with dwelling located at 180 Cliff Rd, now owned by Melinda Krasting. At the request of the applicant, Bruce Drucker moved to continue to 08/01/13; seconded by Roger Putnam; passed 5-0.
13-13 Gussack, 80 George’s Way, Map16, Parcel 610, Application for a Special Permit under WZB 6.1.5 and 6.24 for the alteration of a dwelling and construction of an unattached garage. At the request of the applicant, Bruce Drucker moved to continue to 06/20/13; seconded by Roger Putnam, passed 5-0.
Business
Meeting Minutes
Roger Putnam moved to approve the Executive Session meeting minutes of May 2, 2013; seconded by Bruce; passed 5-0. Roger Putnam moved to release the Executive Session meeting minutes for public review; seconded by Bruce Drucker; passed 5-0.
There was discussion regarding lot coverage and decking.
William Nicholson moved to adjourn at 7:50 pm; seconded by Roger Putnam; passed 7-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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