Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
October 17, 2013
Sr. Center
Attendees: Vern Jacob, Bruce Drucker , William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch, Sharon Inger and Don Palladino
Regrets: Sibel Asantugrul
7:00 pm
13-27 Jeffrey W. Glaze, 90 Beach St. , Map 35, Parcel 31: Application for a Special Permit under WZB 6.1.5 to enclose three sections of existing deck to increase habitable area and building new deck on front of dwelling. At the request of the applicant, Bruce Drucker moved to continue to December 19, 2013; seconded by Manny Heyliger; passed 5-0.
7:45 pm
13-28 Laurence Marschall, 45 Forrest Road , Map 16, Parcel 619, Application for a Special Permit under WZB 6.1.5, 8.4.2 and 6.24 to renovate the existing residential structure, add second floor and outdoor staircase. The Board consisted of Vern Jacob, Bruce Drucker , Manny Heyliger, William Nicholson and Roger Putnam. Attorney Zehnder and Steve Curley, builder, represented the applicant. Attorney Zehnder reported the project has been approved by the Conservation Commission. The habitable space in the basement is being removed due to mold and dampness. The roofline will be changed with living space on the second floor. He stated he had reviewed the letter from the National Seashore which questioned the livable space. He did research of the building department files as
well as requested information from the National Seashore and there is proof the National Seashore was aware and approved the foundation, the bedroom count, and any expansions, along with a copy of the Certificate of Suspension. Steve Curley stated the modifications will be modest. Vern Jacob read the letter from the National Seashore which expressed several issues. The Board had a discussion regarding the bedroom count because the Town’s records indicate there are two according to the Assessor’s office and three according to the building department records. Attorney Zehnder stated there will be a reduction of 3 square feet of habitable space and a new septic system will be installed for 3 bedrooms. It was the consensus of the Board that it is a 3 bedroom dwelling and will remain a 3 bedroom dwelling and the living space will remain the same. Roger Putnam moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1. This is an application for a Special Permit under WZB 6.1.5, 8.4.2 and 6.24.
2. This is a prior existing non-conforming building built in 1920.
3. The property is located within the CCNSH district and in the R1 district.
4. The property is non-conforming as to lot size.
5. There will be a diminutive increase in lot coverage.
6. There will be a 190% increase in volume.
7. There will be no change in use.
8. There will be no increase in use.
9. The use conforms to the district objectives.
10. The new structure will not be more substantially detrimental to the neighborhood than the present structure.
11. The proposed structure does not meet the requirements of the CCNSH.
Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger, passed 5-0. Bruce Drucker moved to grant the Special Permit with conditions; seconded by Manny Heyliger; passed 5-0.
Condition: The number of bedrooms will remain at three (3) and the septic system will comply with the requirements of the Wellfleet Board of Health and its applicable rules and regulations.
725 pm
13-29 Kathrine C. LeTourneau, 150 Governor Foss Dr. , Map 23, Parcel 128, Application for a Special Permit under WZB 6.1.5.2(b) construct 12 x 26’ addition
Mick Lynch recused himself. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Roger Putnam. Chet Lay stated the reasons for the addition to the north is because of the septic location and due to health reasons, the applicant wants the addition on the first floor. The letter from the association stated they had no objection to the project. The height and lot coverage are within the guidelines. The Board had no objections. Bruce Drucker move
1. This is an application for a Special Permit under WZB 6.1.5.2(b)
2. This building was built in 2000 and conforms to existing zoning bylaws except for inadequate frontage.
3. There will be a 0.9% increase in lot coverage.
4. There will be no change in use.
5. The use conforms to the R1 district objectives.
6. The addition has been approved by the subdivision covenant committee.
7. The structure will not be substantially more detrimental to the neighborhood than the existing structure.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Roger Putnam moved to grant the Special Permit; seconded by Manny Heyliger, passed 5-0.
7:10 pm
13-30 Elizabeth J. Mellor c/o Financial Sense, 790 Ocean View Dr., Map 17, Parcel 4, Application for a Special Permit under 6.1.5.2(b) to move dwelling away from coastal bank and construct addition. The Board consisted of Vern Jacob, Bruce Drucker , William Nicholson, Manny Heyliger and Roger Putnam. Attorney Ben Zehnder and Chet Lay represented the applicant. Attorney Zehnder stated the existing house is in danger due to erosion of the coastal bank and the applicant wants to move the house toward the road and build an extension of a two car garage with a second story. R. Robicheau e-mailed a letter of support. Roger Putnam read the letter from the National Seashore, which objected to several issues with the project. There was a discrepancy in the square footage
according to the National Seashore and they oppose the request of a 5 foot setback from the road. Chet Lay stated he was not aware of an addition to the house after it was originally built. Messrs. Lay and Zehnder both admitted the calculations were incorrect. Members of the Board stated they have issues with a two car garage. The Board requested new calculations and recommended the applicant (or her representatives) have a discussion with the National Seashore. Ms. Mellor stated her partner has mobility issues and stated the two car garage would help with those requirements. Chet Lay handed out information regarding the flood plain and identified the property line out to mean high water. Attorney Zehnder stated a new set of plans will be available. Ed Simpson, abutter, stated time is of the essence, and that the garage would be a buffer from the noise on the weekends. Roger Putnam recommended having the house closer to the road and
the garage next to the ocean and the placement of the septic system plays a role in that decision. Roger Putnam moved for a continuation to 11/21/13; seconded by William Nicholson; passed 5-0.
Meeting Minutes
Bruce Drucker moved to approve the 10/17/13 amended meeting minutes; seconded by Roger Puitnam, passed 5-0.
Bruce Drucker motioned to adjourn at 8:30; seconded by Sharon Inger; passed 8-0.
Respectfully submitted,
Christine A. Bates, Committee Secretar
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