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Approved ZBA mtg. mins

Meeting date: 
Thursday, April 2, 2015

Approved

 

Zoning Board of Appeals

Meeting Minutes

April 2, 2015 7:00 pm

Wellfleet Senior Center

Attendees: Acting Chair Roger Putnam, Bruce Drucker, Manny Heyliger and Trevor Pontbriand

Regrets:  Vern Jacob, Mick Lynch, Sharon Inger, and Don Palladino

Acting Chair Roger Putnam called the meeting to order at 7:00 pm.

7:00 pm

  1. P.J.’s Realty Trust, 2616 State Hwy Rte 6, Map23, Parcel 40, Application for a Special Permit pursuant to M.G.L.c.40A,s.6 to remove an existing covered seasonal dining area and construct a new enclosure seasonal dining at the same location.  The Board consisted of Acting Chair Roger Putnam, Bruce Drucker, Manny Heyliger and Trevor Pontbriand.   Attorney Ben Zehnder represented the applicant.  Mr. Reeves also came before the Board.  The current canopy area is now 825.6 sq ft and the proposed enclosure will be 930 sq. ft.  The lot coverage will change from 6.23% to 6.42 %.   Attorney Zehnder stated he considers the retaining wall to be the side setback.  Manny Heyliger stated there is a discrepancy from the site plan and the Findings of Fact provided by Attorney Zehnder and Attorney Zehnder stated he used the architects numbers.  There are 92 seats inside and 50 seats outside, which will not change.  Sharon Lindsey and Potter’s Room as well as Slade Associates wrote e-mails of support for the project.  Bruce Drucker moved for Findings of Fact; seconded by Trevor Pontbriand; passed 4-0.
  1. This is an application for a Special Permit under M.G.L. C40A.s.6 to remove an existing covered structure and replace in the same area a seasonal dining area.
  2. The lot is pre-existing, non-conforming as to set back and side yard, as well as a Special Permit for the indoor restaurant in the C District.
  3. There will be an increase in lot coverage of 0.19% or 110 square feet.
  4. There will be a further intrusion into the side yard set back.
  5. There will be no change in use.
  6. There will be no significant increase in use.
  7. The project has been approved by the Conservation Commission.
  8. Public and private views will not be impacted.
  9. The change to the structure will improve the diversity of service.
  10. There are no objections from abutters and 2 abutters supporting the project.


The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.  The proposal is not a significant development.

  1. After considering the objectives of the C District, the Board finds the benefits of these alterations outweigh any adverse effects on the neighborhood.

Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed 4-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Trevor Pontbriand; passed 4-0.     

7:20 pm

  1.  Debra L. Limbach, Trustee (The Kurt Limbach Family Trust), 55 Chequessett Neck Rd., Map 19, Parcel 119:  Application for a Special Permit pursuant to WZB 6.1.5 and 8.4.2 and M.G.L.c.40A,s.6 to alter a pre-existing, non-conforming garage structure to remove and rebuild the existing structure and to add a second floor.  The Board consisted of Acting Chair Roger Putnam, Bruce Drucker, Manny Heyliger and Trevor Pontbriand.  Attorney Ben Zehnder represented the applicant.  The applicant wishes to expand their storage area by adding a second floor to the garage.  He stated there will be no fill brought in for the garage, the floor will stay the same at the same elevation and the footprint will stay the same size.  There will be an exterior stairway.  Mr. Limbach stated the current garage is not in good condition and would have to be replaced eventually.  Bruce Drucker moved for Findings of Fact; seconded by Manny Heyliger; passed 4-0.
  1. This is an application under WZB 6.1.5 and 8.4.2 to add a second floor to a lawfully pre-existing non-conforming garage.
  2. The non-conformities include side yards and front yard setback lot area.
  3. There will be a volumetric increase within the non-conformities.
  4. This second floor has no heat, A/C or plumbing and will remain so.
  5. There will be no increase in use.
  6. There will be no change in use.
  7. The use conforms to the objectives of the R1 District.
  8. There are no objections from abutters.
  9. The alteration will not be substantially more detrimental to the neighborhood than the present, pre-existing, non-conforming structure.
  10. After considering the R1 District objectives as per WZB 8.4.2, the Board finds that the benefits outweigh any adverse effects on the neighborhood.

Trevor Pontbriand moved to approve the Findings of Fact; seconded by Bruce Drucker; passed 4-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact subject of the following conditions:

a)  The garage shall not be used for the overnight housing of guests or other persons.

 b)  An updated plan shall be provided showing the stairs

seconded by Manny Heyliger; passed 4-0.

Meeting  Minutes:  To be addressed at next meeting.

Other Business

 

Manny Heyliger moved to adjourn at 8:00 pm; seconded by Trevor Pontbriand; passed

4-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary