Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
September 19, 2013
Sr. Center
Attendees: Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam, Sharon Inger, and Don Palladino
Regrets: Manny Heyliger, Mick Lynch, and Sibel Asantugrul
Chair Jacob opened the meeting at 7:00 pm.
7:00 pm
13-21 LaPosta/Kaminsky, 34 Samoset Ave., Map 28, Parcel 123: Application for a Special Permit under WZB 6.1.5 to increase habitable living area 538 square feet
The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam and Sharon Inger. Attorney Lester J. Murphy and engineer Gary Locke came to the table and Attorney Murphy gave an overview of the current property and dwelling, pointing out the nonconformities. There will be no change to the front setback and one side setback will be reduced slightly and the majority of the dwelling will be built on the current footprint. The Board of Health reviewed and approved the current septic system. An e-mail from Claudia Carter questioned the construction timeframe and wanted a guarantee no equipment would go on her property. An e-mail from Martin Carroll objected to the proposal stating this would set a precedent for the neighborhood. Sylvia Smith,
abutter, questioned if the house would be demolished and Mr. Locke stated yes. The roads will be returned to the original state. Sandy Wonders, abutter, stated a bright light beams into her windows and Karen Kaminsky stated they have not added any lighting to the house which had been rented out for the past two years during the summer season.
Don Palladino stated he made a site visit. Roger Putnam asked how the lot(s) (Ferri property) were subdivided and questioned the history of the property. Mr. Murphy stated the Registry of Deeds has a book and page from the 1920’s identifying the property. Bruce Drucker read WZB 8.2.2 stating anything over 10 years is protected. Ms. Kaminsky stated there is a view easement. Roger Putnam moved for Findings of Fact; seconded by Vern; passed 5-0
1. This is an Application for a Special Permit under WZB 6.1.5 for a volumetric increase in the non-conforming nature of the dwelling due to increasing the habitable living area by 538 square feet
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1965 according to the Assessor’s Office.
3. The existing non-conformities regarding the structure are inadequate lot area and intrusion into the front setback and side setback
4. There will be a volumetric building increase in the setback, but no additional intrusion into the setbacks.
5. The existing building lot coverage is 14.7% and the proposed building lot coverage will be reduced to 14.6%.
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. There was a letter from one abutter expressing concerns about the project and an objection from another abutter.
9. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
10. 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 Facts; seconded by William Nicholson; passed 5-0. Roger Putnam moved to grant the Special Permit based upon the foregoing Findings of Fact subject to the following Conditions:
A. The number of bedrooms in the dwelling will comply with the rules and regulations of the Wellfleet Board of Health.
B. All exterior lighting will be downward and will be the so-called "dark sky lighting."
C. The pergola shown on the approved drawing cannot be covered by a solid roof of any kind.
Seconded by Bruce Drucker; passed 5-0.
13-19 MA Audubon Society’s Wellfleet Bay Wildlife Sanctuary, 291 Route 6, Map 46, Parcel 16: Application for two Variances: WZB 6.5.1.2 (windmills) for a height of 120 feet from grade to the center of the rotor and WZB 6.5.1.4 to allow for a 43 foot diameter of the rotor. At the request of the applicant, Bruce Drucker moved to continue to 11/21/13; seconded by William Nicholson; passed 6-0.
Meeting Minutes
Bruce Drucker moved to approve the amended 09/05/13 meeting minutes; seconded by Roger Putnam; passed 6-0.
Bruce Drucker moved to adjourn at 7:45 pm; seconded by Roger Putnam; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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