APPROVED
Wellfleet Zoning Board of Appeals
Meeting Minutes
September 5, 2013
Sr. Center
Attendees: Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch, and Don Palladino
Regrets: Sharon Inger, and Sibel Asantugrul
Chair Jacob opened the meeting at 7:00 pm.
7:00 pm
13-23 Sadie Hutchings, 9 Coles Neck Rd., Map 8, Parcel 251, Application for a Special Permit under WZB 5.3.1 for a private residential stable for goats and poultry. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Don Palladino. Ms. Hutchings stated she will have two goats and eight chickens. She presented a letter of support from the immediate abutter. The goats will be moved around the property for vegetation management. Approval was received from the Board of Health. Bruce Drucker moved for Findings; seconded by Manny Heyliger, passed 5-0.
1) This is an Application for a Special Permit under WZB 5.3.1 for a private residential stable for goats and poultry.
2) The residential stable has been approved by the Board of Health.
3) The keeping of chickens & goats is permitted in this District upon the granting of a Special Permit under WZB 5.3.1 and 8.4.2
4) The use conforms with the objectives of the District in which the lot is located
5) There was no objection from the abutters and one abutter wrote in support of the application.
6) 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.
Bruce Drucker moved the Findings of Fact; seconded by Vern Jacob; passed 5-0.
Bruce Drucker moved to grant the Special Permit based upon the foregoing Findings of Fact subject to the following conditions:
1) There will be no more than 8 chickens kept on the premises.
2) No roosters will be kept on the premises.
3) No more than 2 goats will be kept on the premises & there will be no breeding of goats on the premises.
Seconded by Manny Heyliger; passed 5-0.
7:13 pm
13-22 David and Carol Penfield, 114 4th St., Map 40, Parcel 108, Application for a Special Permit under WZB 6.1.5 to increase lot coverage 143 square feet from 22.2% to 23.9%. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson, and Mick Lynch. Bob Perry represented the applicant and stated there is a change in the plan (revised 09/05/13) which he distributed to the Board. There is an additional portion of land which was discovered in the deed which results in an 11,200 sq ft lot. This received approval from the Conservation Commission. The changes will be on the east and west side of the dwelling and there will be an increase in habitable space. Currently there is 16.7% lot coverage and the porch will be enclosed, which increases lot coverage to 17.9%.
The Penfield’s acquired the property in December 2012. The building height is 25’ using mean grade. Vern Jacob moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.
1) This is an application for a Special Permit under WZB 6.1.5 to increase the building lot coverage 143 square feet from 16.7% to 17.9% by constructing a greenhouse.
2) The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1960 according to the Assessor’s Office.
3) The existing non-conformities regarding the structure are inadequate lot area, intrusion into the front setback, intrusion into the rear setback, intrusion into the right side setback & building lot coverage in excess of 15%
4) There will be a volumetric building increase in the setback but no additional intrusion into the setbacks.
5) The proposed building lot coverage will be 17.9% for an increase of 1.2%
6) There will be no change in use.
7) There will be no increase in use.
8) The use conforms with the objectives of the District in which the lot is located
9) There was no objection from the abutters.
10) The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure
11) 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.
Vern Jacob moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to grant the Special Permit; seconded by Manny Heyliger; passed 5-0.
7:30 pm
12-24 Charles and Minina Benevento, 124 State Hwy, Rte 6, Map 47, Parcel 24, Application for a Special Permit under WZB 5.3.2 and 6.16 to operate a Home Industry, “Small” providing surfing lessons by Petitioners’ son. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson, and Don Palladino. Attorney Ben Zehnder represented the applicant and gave an overview of the request. stating the operation will not be on site but at the beach. There will be a sign on Route 6. Vern Jacob moved for Findings of Fact; seconded by Don Palladino; passed 5-0.
1) This is an Application for a Special Permit under WZB 5.3.2 and 6.16 to operate a Home Industry, “Small” providing surfing lessons by Applicants’ son.
2) Providing surfing lessons is a Home Industry as defined in Wellfleet Zoning Bylaw 2.1
3) The use conforms with the objectives of the District in which the lot is located
4) There was no objection from the abutters.
5) 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. William Nicholson moved to grant the Special Permit; seconded by Bruce Drucker; passed 5-0.
7:43 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 (cont’d from 08/15/13). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson Roger Putnam and Mick Lynch. Manny Heyliger recused himself. Bob Boehringer read the letter from the National Seashore which approved the project. An e-mail from the Flynn’s and Mr. Phelps stated they had no objection. Mark Winkler will move the house utilizing a crane. There was no identification of the foundation height; however, an amended drawing will be supplied. The pilings on Krastings property will be maintained by her conditions set by the Conservation Commission. Mr. Winkler stated he will return the road to its original condition. Mr. Boehringer stated he did not believe the crane and equipment will damage National Seashore property nor will damage be done to the
private roads. Roger Putnam moved for Findings of Fact; seconded by Bruce Drucker; passed 5-0.
1) This is an application for a Special Permit under WZBL 6.1.5. 2b & 6.24 to raze an existing dwelling at 175 Cliff Rd. owned by the applicants and to replace it with a dwelling located across the road at 180 Cliff Rd, now owned by Melinda Krasting
2) The Krasting dwelling is no longer habitable due to storm caused erosion of the dune on which it is located.
3) The applicants’ dwelling is a lawfully pre-existing, nonconforming structure having been built in 1957 according to the Assessor’s Office.
4) The existing non-conformities regarding the structure are intrusion into the setback.
5) The lot is nonconforming being less than the required 3 acres for The National Seashore Park District.
6) There will be no change in use.
7) The use conforms with the objectives of the District in which the lot is located
8) The replacement dwelling meets the standards and criteria contained in Wellfleet Zoning Bylaw 6.2 4.3
9) The new structure will have 996 ft.² of livable floor area which exceeds the Cape Cod National Seashore 50% use guideline in that the total potential livable floor area is 872 ft.². The new structure will have 120 ft.² of accessory floor area which is within the 436ft.² of potential accessory space allowed under the Cape Cod National Seashore 50% use guideline.(See, Wellfleet Zoning Bylaw 6.2 4.3 (6))
10) There was no objection from abutters, including the National Seashore which conditionally approved the application in its 8/26/13 letter to the ZBA; and, two abutters wrote in support of the project.
11) The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
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.
Bruce Drucker moved to grant the Special Permit based upon the foregoing findings of fact subject to the following conditions:
A. Prior to moving the Krasting dwelling to the applicant’s lot (i) boundary monuments will be installed on the Northwest and Southwest lot corners and (ii) a fence will be erected along the westerly property line.
seconded by Mick Lynch; passed 5-0.
8:06 pm
13-20 Key and Libby Nuttall, 90 Cottontail Rd., Map 29, Parcel 5: Application for a Special Permit under WZB 6.1.5 to construct a three season room within the setback (Cont’d from 08/15/13). The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Roger Putnam. April Ducott from Cape Associates represented the applicant and stated the decking was revised as requested. Roger Putnam moved for Findings of Fact; seconded by Manny; passed 5-0.
1) This is an application for a Special Permit under WZB 6.1.5 to add an enclosed three season room on a raised deck within the side setback.
2) This is a lawfully existing residence having been built in 1986 according to the Assessor’s records.
3) The residence is located in the R1 District and conforms to the objectives of the R1 district.
4) There will be an increase of 315 sq. ft. in lot coverage or 1.5% to a total of 6.1% lot coverage.
5) There will be up to an 8 foot 10 inch intrusion into the west side setback and no additional intrusion into the east side setback since the proposed decking and deck expansion have been eliminated.
6) There will be no change in use.
7) There will be no increase in use.
8) There are no objections from abutters.
9) The intrusion into the setback will not affect public or private views.
10) The alteration will not be a development of significance.
11) The addition will not create a structure that is substantially detrimental to the neighborhood.
Roger Putnam moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. William Nicholson moved to grant the Special Permit; seconded by Roger Putnam; passed 5-0.
Meeting Minutes
Bruce Drucker moved to approve the amended 08/01/15 and 08/15/13 meeting minutes; seconded by Roger Putnam; passed 5-0.
Bruce Drucker moved to adjourn at 8:30 pm; seconded by Mick Lynch; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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