Approved
Wellfleet Zoning Board of Appeals
Meeting Minutes
December 5, 2013
Wellfleet Sr. Center
Attendees: William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch, Sharon Inger and Don Palladino
Regrets: Vern Jacob, Bruce Drucker and Sibel Asantugrul
7:05 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 William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch and Don Palladino. Attorney Ben Zehnder represented the applicant. He provided the requested information regarding the lot coverage, both for upland and below Mean High Water. The upland area would be 18,615. He calculated the lot coverage would be 8.605% with the Upland Calculation from Top of Bank. The new site plan also identifies the house at being 10’ from the setback. Roger Putnam stated he agrees with the calculations. Some Board members still felt the volume was too
large. Roger Putnam moved for Findings of Fact:
1) This is an application under WZB 6.1.5.2 to move and enlarge an existing dwelling, increase the one car garage to a two car garage, and build within the front yard setback.
2) This request is precipitated by the erosion of the east side of the property.
3) The proposed front yard setback will be 10 feet from the Ocean View Drive lot line.
4) The proposed dwelling and garage will be 53% increase in footprint.
5) Lot coverage based on the 1960 lot lines would be 4.7%.
6) Lot coverage based on the 2013 scarp would be 8.6%.
7) The use of the dwelling will be compatible with the objectives of the NSP district.
8) There will be no change in use.
9) There will be no increase in use.
10) The proximity to Ocean View Drive will be identical to the neighboring property.
11) The view from Ocean View Drive will be impacted by the placement of the proposed dwelling and garage.
12) There has been no objection from abutters.
13) This proposal is not a significant development.
William Nicholson moved the Findings of Fact; seconded by Mick Lynch; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
7:15 pm
13-30 Fernando Domenech, Jr., 70 School St., Map 13, Parcel 86: Construct 8’ x 10’ wooden shed on an existing concrete retaining wall on the easterly property line. Mick Lynch recused himself. The Board consisted of William Nicholson, Manny Heyliger, Roger Putnam, Don Palladino and Sharon Inger. Chet Lay and Mr. Domenech provided a history of the property and explained why they wanted the shed located within the easterly setback. The Conservation Commission approved the project. Mr. Domenech gave a power point presentation. Additional walls will be built to meet the grade of the parking area where the proposed shed will be located. Relief is sought for both the front and side setback. William Nicholson moved for Findings of Fact:
1) This is an application under WZB 6.1.5.2 to relocate a shed from the side yard, as previously permitted to the northeast side of the dwelling.
2) There were two previous Special Permits granted at this address, to permit an enlargement of the rear deck and to place this shed in the side yard within the setback.
3) The lot is lawfully pre-existing, nonconforming.
4) The dwelling is lawfully pre-existing, nonconforming.
5) The lot is located in the R1 District.
6) There will be increase in lot coverage.
7) There will be no change in use.
8) There will be no increase in use.
9) There has been no objection from abutters.
10) There will be an intrusion into the side yard setback to within 0.7 feet of the lot line.
11) This further intrusion into the side yard setback will not be substantially more detrimental than the present permitted structure.
12) This is not a significant development.
Manny Heyliger moved the Findings of Fact; seconded by William Nicholson, passed 5-0. Sharon Inger moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
7:00 pm
13-31 Hope Schwartz-Leeper and Zak Fagiano (Wellfleet Sea Salt Co.) 35 Designer’s Rd., Map 3, Parcel 11: Allow more than one principal use on a lot in District C2 (produce sea salt in covered evaporators). At the request of the applicant, William Nicholson moved to continue the hearing to 12/19/13; seconded by Manny Heyliger; passed 6-0.
7:30 pm
13-32 Neil Jacobs and Deborah Posin, 249 Main St., Unit 1, Map 15, Parcel 60A, relocate shed within setback. The Board consisted of William Nicholson, Manny Heyliger, Roger Putnam, Mick Lynch and Sharon Inger. Peter Coneen represented the applicant and stated a previous Special Permit was granted three years ago. There is an existing shed on the property line and they would like to move it due to the grade of the platform and steps which do not conform to the building code. The new location will be further away from the setback. Three letters of support were recognized from the Goldman’s, Ms. Montague, and Richard Wulsin. William Nicholson moved for Findings of Fact:
1) This is an application under WZB 6.1.5.2 for the relocation of a shed within the side yard setback.
2) There are two pre-existing nonconforming condos on the single nonconforming lot.
3) This proposal would alter the number “1” unit by adding a brick paved arbor and moving a pre-existing shed to within 0.5 feet of the rear yard lot line.
4) This lot is located within the Central District.
5) The use is compatible with the objectives of the Central District.
6) There will be no change in use.
7) There will be increase in use.
8) There will be no increase in lot coverage.
9) There will be no increase in volume.
10) This alteration will not be more substantially detrimental to the neighborhood than the present existing structures.
11) This is not a significant development.
William Nicholson moved the Findings of Facts as amended; seconded by Manny Heyliger; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Meeting Minutes to be addressed at the 12/19/13 meeting.
William Nicholson moved to adjourn at 7:45 pm; seconded by Roger Putnam; passed 6-.0
Respectfully submitted,
Christine A. Bates, Committee Secretary
________________________________________
| 