Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
June 6, 2013, 7:00 pm
Wellfleet Senior Center
Attendees: Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam, Sharon Inger, and Mick Lynch
Regrets: Sibel Asantugrul, Manny Heyliger and Don Palladino
7:00 pm
13-10 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 (Cont’d from 05/02/13). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam and Mick Lynch. Jay Horowitz represented the applicants and explained the changes in the location of the proposed garage. The new setbacks would be 22’ from the front setback and 17’ from the east side setback. Ms. Rea reiterated they want a one car garage and in an area that is already disturbed and convenient for entering the house. They want to keep the meadow untouched. Three members of the Board were concerned with impinging on the setbacks further
and stated there is ample land on the property where a garage could be located and two members stated they did not feel it would be more substantially detrimental. Mr. Horowitz stated the neighbors enjoy the marsh views and it would hinder their views if placed anywhere else on the property. Mark Fowler, abutter, stated the proposed garage will be 4’ closer to their setbacks and the hedge is seasonal. Jay Horowitz requested a continuation. Bruce Drucker moved to continue to 08/01/13; seconded by Roger Putnam, passed 5-0.
7:27 pm
13-14 Shkapich, (Joseph Wanco), 317 Main Street, Map 14, Parcel 176: Application for a Special Permit under WZB 5.3.2 and 5.4.13 to reestablish a business in the basement for a commercial kitchen (preserves, chutneys, condiments and spice blends). Property owned by Wanco/Derow). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam and Sharon Inger. Kim Shkapich stated she would like to utilize the kitchen in the basement of the Lighthouse Restaurant which was formerly a bakery. She displayed her products, stated she has discussed the project with the Health Agent, there will be no major construction, the kitchen will be open year round, and her intent is to grow the business and increase opportunities for other people to work. Local farmers will grow produce. Jerry Houck stated this is the type of business the Town is trying to encourage in the central district and feels this would be beneficial to the Town. A letter from the Vivante’s
supported the project. Ms. Shkaprich stated she will have limited retail hours. Roger Putnam moved for Findings of Fact:
1. This is an application for a retail business selling and preparing food products under WZBL 5.3.2 in the lower level of the Lighthouse Restaurant and for more than one principal use on the lot under WZBL 5.4.13.
2. The space has previously been used as a bakery and as a take-out pizza restaurant.
3. The property is located in the Central District
4. The proposed use conforms with the objectives of the Central District
5. The proposed use is a permitted use in the Central District
6. The use contributes to the diversity of product available in the center of town
7. The were no objections from 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.
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.
7:38 pm
11-09 A: PB Rispoli Ventures, LLC, 15 LeCount Hollow Road, Map 30, Parcel 22: Application for an amendment to Special Permit 11-09 under WZB 8.4.2 to amend the approved square footage of the rear/north side deck constructed at the Locus, and to amend the approved location of the walk-in cooler from the Locus’s east side deck to its rear/north side deck. Mick Lynch recused himself. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam and Sharon Inger. Attorneys Eliza Cox and Sarah Turano-Flores represented the applicant. Ms. Cox gave a history of the previous application and the approval granted for the deck and cooler. The deck was not built as approved nor was the cooler placed where approved. Ms. Cox stated the new decking and cooler location is a
superior location and has less impact to the neighborhood. The Conservation Commission approved the current decking and location of the cooler. The current appeal is “stayed” anticipating the remand will resolve the appeal. Jerry Houck stated he does not see any problems with the deck or cooler and stated the restaurant has been an asset to the town. The Board agreed this amendment resolves the issues and thanked the attorney’s for the presentation and paperwork provided. The appeal will be dismissed if the Board votes in favor of this amendment. Bruce Drucker moved for Findings of Fact as amended provided by the attorney’s on behalf of the applicant; seconded by Roger Putnam; passed 5-0.
1. Rispoli Ventures, LLC (the “Applicant”), has applied for relief pursuant to Section 8.4.2 of the Wellfleet zoning Bylaw to modify Special Permit No.
11-09.
2. The property is located at 15 Lecount Hollow Road and is shown on Wellfleet Assessor’s Map 30 as Parcel 22 (the “Property”). The Property is located in the Commercial zoning district.
3. The Property is owned by the Applicant and contains a single two-story structure consisting of a restaurant and retail bakery with outdoor deck areas.
4. Pursuant to Special Permit No. 11-09, the Applicant was permitted to construct an extension of the rear/north side deck of the restaurant building, and was allowed to place a walk-in cooler on the east side first floor deck.
5. The Applicant seeks to modify the approved square footage of the rear/north side deck to allow an additional 125 square feet of deck area.
6. The Applicant also seeks to rectify the approved location of the walk-in cooler to allow its relocation to the rear/north side deck.
7. The building is a lawfully pre-existing nonconforming structure.
8. The alterations affect an area of the building that is not used by the public and is not visible from Lecount Hollow Road.
9. The relocation of the walk-in cooler to the rear/north deck results in the cooler being further away from the closest abutter and immediately adjacent to the kitchen door.
10. There will be no modifications to the current uses of the Property.
11. The modification to the deck and cooler relocation have been approved by the Conservation Commission (see Order of Conditions dated November 27, 2012)
12. There are no objections from abutters.
13. The alterations are not more substantially detrimental to the neighborhood than the existing nonconforming structure.
14. After considering the District Objections for the Commercial zoning district as provided for in Section 3.2 of the Wellfleet Zoning Bylaw and the relevant criteria set forth in Section 8.4.2, the Board finds that the benefits of the proposed modifications outweigh any adverse effect on the Town and the vicinity.
Bruce Drucker moved to approve the Amendment to Special Permit 11-09 based on the Findings of Fact; 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 (Cont’d from 06/06/13). At the request of the applicant, Bruce Drucker moved to continue to 07/18/13, seconded by Sharon Inger; passed 5-0.
08-20 Comprehensive Permit 08-20, Community Housing Resource, Inc., 250 Gull Pond Road, Map 8, Parcel 39, Amendment to Permit. Ted Malone gave an overview of the design changes, stating the change is to one unit which will be smaller, although the lot coverage will not change. Another alteration will be paving in front of A-B and C-D that reduces the amount of paved area and increases the landscape area. The third request is a change of subsidy program from DHCD Housing Stabilization Fund to DHCD Local Initiative Program. Malone identified the changes to the site plan with an overlay. The Board agreed this is an insubstantial change. Mr. Malone stated construction could start at the end of July 2013. Mr. Malone gave an overview of the “ready to buy” pre-qualification procedure
which takes place prior to the lottery.
Condition #2 shall now read: Some of the project funding shall be a subsidy or grant through the DHCD Local Initiative Program.
Bruce Drucker moved the proposed changes be found to be insubstantial and the Chairman is authorized to sign the letter of 06/20/13; seconded by Roger Putnam; passed 4-0..
Business
Meeting Minutes
Roger Putnam moved to approve the amended meeting minutes of 06/06/13, 05/02/13, and 05/16/13; seconded by Bruce Drucker; passed 5-0.,
Vern Jacob moved to adjourn at 8:30; seconded by Bruce Drucker; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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