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11/06/14 Approved Mtg Mins

Meeting date: 
Thursday, November 6, 2014

Approved Meeting Minutes

 

Zoning Board of Appeals

Meeting Minutes

November 6, 2014, 7:00 pm

Wellfleet Senior Center

Attendees: Vern Jacob, Bruce Drucker, Roger Putnam, Sharon Inger, William Nicholson, Mick Lynch and Manny Heyliger

Regrets:  Don Palladino and Sibel Asantugrul

 Vern Jacob called the meeting to order at 7:00 pm

.Bocce Italian Grill, LLC, 847 State Hwy, Route 6, Map 36, Parcel 1:  Application for a Special Permit under WZB 8.4.2, or in the alternative a Variance under 8.4.3 to 1) approve a previously constructed bocce court and pergola structure and 2) allow construction of an approximately 350 s.f. addition to a portion of the west side of the existing restaurant building.  The Board consisted of Vern Jacob, Bruce Drucker, Roger Putnam, Mick Lynch, and Manny Heyliger.  Attorney Ben Zehnder represented the applicant and Mr. Benevento came to the table as well.  Attorney Zehnder gave an overview of the project providing an overview of the intrusions into the setbacks.  Attorney Zehnder also stated a bocce court and pergola (accessory building) were constructed within the setbacks.  There was discussion regarding the variance request and Attorney Zehnder requested to withdraw the variance request without prejudice.  Bruce Drucker moved to allow the applicant to withdraw the variance request without prejudice; seconded by Mick Lynch, passed 5-0.  The Board expressed their concern with further infringement into the setbacks.  Mr. Benevento stated the seating is for 125 people with 70 parking spots.  The restaurant is seasonal and the outdoor seating with service is preexisting.  The applicant stated there will be no outside service in the bocce area or in the pergola.  Roger Putnam moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.

  1. The property comprises approximately 0.807 acres of land in the Commercial 2 Zoning District.
  2. The property is improved with an approximately 3,066 square foot wood framed, single story building.
  3. The property is bounded along its westerly border by the State Highway and has 271.81 feet of frontage.
  4. The property is bounded along its easterly border by land of the Cape Cod National Seashore at the former location of a section of the Cape Cod Railroad, for a distance of 375.74 feet.
  5. The existing building was constructed in 1965 and has been used since then as a commercial restaurant.
  6. The existing building was constructed with a portion of its northeasterly corner extending beyond the easterly boundary of the property.
  7. The property is non-conforming as to rear property line minimum setback distance in the C2 district, which requires a minimum of 35 feet.
  8. The existing building is setback approximately 34.4 feet from the front property line, at its closest point.
  9. The property is non-conforming as to front property line minimum setback distance in the C2 district, which requires a minimum of 50 feet.
  10. There is an existing freestanding, approximately 16' x 16' wood framed pergola structure located to the north end of the property and constructed in 2014.
  11. The pergola is setback approximately 39.1 feet from the property’s front property line, approximately 32.5 feet from the property’s (north) side property line, and approximately 11.0 feet from the property’s rear property line.
  12. There is an area located between the pergola and the existing restaurant which has been landscaped and improved as a bocce court.
  13. The pergola and bocce court provide outdoor space for patrons waiting to be seated in the restaurant.
  14. The bocce court provides outdoor entertainment for patrons waiting to be seated in the restaurant.
  15. The proposed addition to the front of the existing building is approximately 350 square feet in area.
  16. The proposed addition will provide additional kitchen area and seating area for the restaurant.
  17. The proposed addition will provide a more continuous and open dining area in the restaurant.
  18. The proposed addition will make the front facade of the building a continuous wall, instead of the existing staggered front walls.
  19. The proposed addition will be approximately 8 inches closer to the westerly property boundary at its closest point, and will not result in a significant decrease in the property’s existing non-conforming front property line setback distance.
  20. The uses of the proposed addition will be identical to the current uses of the existing building.
  21. The proposed addition will not damage any nearby land uses.
  22. The property has adequate access, drainage, and other public services for the proposed addition and the pergola and bocce court.
  23. The proposed addition and the pergola and bocce court will not increase seasonal congestion.
  24. The benefits of the proposed addition and the pergola and bocce court will outweigh any adverse effects on the Town and the vicinity.

Roger Putnam moved to approve the Findings of Fact; seconded by Bruce Drucker; passed 5-0.

Bruce Drucker moved to grant the Special Permit based on the Findings of Fact to approve the Pergola, bocce court, and the approximate 350 s.f. addition to a portion of the west side of the existing restaurant building; seconded by Mick Lynch; passed 5-0.               

Vern Jacob reported he will not be back until May 2015.

Meeting Minutes

Roger Putnam moved to approve the 09/04/14 and 09/18/14 amended meeting minutes, seconded by Bruce Drucker; passed 5-0.

Mick Lynch moved to adjourn at 7:30 pm; seconded Bruce Drucker; passed 7-0.

Respectfully submitted,

Christine A. Bates

Committee Secretary