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Approved ZBA mtg mins

Meeting date: 
Thursday, April 7, 2016

Approved

                          Zoning Board of Appeals

Meeting Minutes

April 7, 2016   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, , Manny Heyliger, Sharon Inger, Mick Lynch and Trevor Pontbriand

Regrets:  Bruce Drucker, Vern Jacob and Don Palladino

7:02 pm

  1.  Stephen Bliss,  3076 Baker Ave., Map 20, Parcel 55:  Application for a Special Permit under M.G.L. 40A s6 to enlarge existing screen porch from 10’ x 12’ to 10’ x 15’6”, install aluminum storm windows, build new 10’ x 10’4” bathroom above porch, install wood decking over rubber roof on porch, approximately 5’5” x 10’ deck.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  Manny Heyliger stated he had talked with Mr. Bliss but did not have any money transactions.  Mr. Bliss stated there is a screened porch which he would like to extend towards the south.  He would like to use storm windows for a 3 season room.  He stated he wants to add a bathroom over the screened porch off the master bathroom.  There were no comments from the audience.  Manny Heyliger moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.
  1. This is an application for an a Special Permit under MGL 40A to enlarge an existing screened porch from 10’ x 12’ 6”, to install aluminum storm windows, build a new 10’ x 10’ 4” bathroom above the porch, install wood decking over rubber roof on porch to make a 5’ 5” x 10’ deck.
  2. The house is a prior existing non-conforming structure having been built under an existing prior approved subdivision plan.
  3. Nonconformities are lot size and side yard setback.
  4. There will be an increase of 35 square feet in lot coverage or 0.3% within the left side yard setback.
  5. There will be a volumetric increase within the existing footprint.
  6. There will be no change in use.
  7. There will be no increase in use.
  8. There are no objections from abutters.
  9. The alteration will not be substantially more detrimental to the neighborhood than the existing structure.
  10. The project is not a significant development.

Manny Heyliger moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 4-1.  

7:10 pm

  1. Richard S. Handman, Marilyn F. McDevitt, 420 Chequessett Neck Rd., Map 19, Parcel 45:  Application for a Special Permit under WZB 6.1.1 to construct a 14’ x 18’ family room addition on Unit #11.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  Mr. Handman stated they currently have a deck and would like to construct a family room.  Roger Putnam stated the setback requirements are nonconforming at the present time.  In a letter from the Association, the manager of the complex stated all condominium owners were supporting the project.  Manny Heyliger moved for Findings of Fact; seconded by Mick Lynch; passed 5-0. 
  1. This is a request to construct a 14’ x 18’ family room addition to Unit #11.
  2. This is a pre-existing nonconforming structure existing under the condominium bylaw.
  3. The nonconformity is the rear yard setback. 
  4. The proposed setback will be an intrusion of an additional 7 feet.
  5. The lot in questions is in the R1 District and conforms to the R1 District.
  6. There will be no change use.
  7. There will be no increase in use.
  8. The increase does not give rise to significant impact.
  9. A letter from the Condominium Association approved the project.
  10. The alteration will not be substantially more detrimental to the neighborhood. 
  11. The proposed addition will be under the requirement of 768 sq. ft. for a condominium.

Manny Heyliger 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.

  1.  Belvernon, LLC, 170 Mill Hill Rd., Map 13, Parcel 109:  Application for a Special Permit under M.G.L. 40A, s6 to demolish and rebuild existing cottage with a building height to be increased from 11.5’ to 12.5’.  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  Macgregor Hay gave an overview of the proposed reconstruction of the cottage, stating the roof is collapsing.  It will be built on the same footprint and the roofline will be increased slightly to meet code.   

Sharon Inger moved for Findings of Fact; seconded by Mick Lynch; passed 5-0

  1. This is an application for a Special Permit under M.G.L. 40A to demolish an existing cottage and rebuild on the same footprint with increase in height of 1 foot to 12.5 feet.
  2. This is a pre-existing nonconforming structure having been built in 1880.
  3. The existing nonconformities are front and side setbacks.
  4. The building is in the R-1 zone.
  5. The building conforms with the objectives of the District.
  6. There will be no increase in size.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. There will be a volumetric increase of 467 cubic feet.
  10. There were no objections from abutters.
  11. This is not a significant development.
  12. This rebuildling of a pre-existing structure will not be more substantially detrimental to the neighborhood than the present existing structure.

Manny Heyliger moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.

7:35 pm

  1. Macgregor B. Hay, 265 Commercial Street, Map 21, Parcel 113:  Application for a Special Permit under M.G.L. 40A, s6 to replace existing seasonal awning on south side of building with wood posts and permanent awning.  Construct permanent awning over existing deck on north side of building.  Extend existing deck to west side of building and construct permanent awning.   The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  Macgregor Hay gave an overview of the proposed project and stated they have been frequently replacing the current awning over the last 20 years.  He stated the kitchen door opens directly on the deck where people sit and eat, as well as use that area to go to the attic.  The west side deck would feed the kitchen traffic with a new door.  The stairway to the attic is outside and the current door impacts the customers.   The lot is 50’ by 50’ and with a permanent awning, it would be 87% lot coverage.  The building is surrounded by town land.  There would be no change in use.  Manny Heyliger moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.
  1. This is an application for a Special Permit under M.G.L. 40A s6 to replace a seasonal awning with wood posts and permanent awnings over existing deck on north side of building and extending the awning over the left side of the building with permanent awning.
  2. The lot and building are pre-existing, nonconforming having been built in 1967.
  3. The nonconformities are lot coverage, front, rear and side setbacks.
  4. The proposed permanent awnings will increase lot coverage from 66% to 87%.
  5. There will be further intrusion into the south setback by 11 feet, further intrusion of 10 feet to the north and further intrusion of 3 ‘ to the  rear or west.
  6. The lot is located in the Central District.
  7. There will be no change in use.
  8.  There will hopefully be an increase in use.
  9. This use will contribute to the diversity of services available.
  10. This is not a significant development impact.
  11. There were no objections from abutters.
  12. This project will not be more substantially detrimental to the neighborhood than the present existing structure.

Manny Heyliger moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.      

Business:  Curt Felix requested some time with the Board regarding the use of the commissary kitchen as well as the use of the trucks on the property (SP 16-01, 16-02, 16-03 and 16-04).  He stated the Board of Selectmen have issued a food truck regulation for the licensing dated March 22, 2016.  Curt stated he was not sure the Board of Selectmen can make these regulations without a town meeting.  Roger Putnam stated he did not get the impression that the trucks were going to be dispensing food at the site.  Curt read the March 22, 2016 Board of Selectmen regulations.  The Board stated they felt Curt’s food truck business will be under the control of the Board of Selectmen. 

Curt Felix stated the motion in Special Permit 16-03 for the commissary kitchen was to be used “exclusively” for the food trucks.  Curt stated he has had several people approach him for use of the kitchen other than the food trucks (aromatherapy products, shell fisherman make clam and oyster products).   He would like to be able to offer the kitchen to other companies/new businesses.   Roger felt the wording in the motion was to make clear that the offices and the apartments would not use the commissary kitchen.  Curt stated he wanted everything clear and the Board recommended Curt come back with a request for an amendment.  David Sullivan questioned why a commissary kitchen is not located in an industrial area.  Curt stated the use of the property will be 2/3 less use than previously used as a restaurant.       

Meeting Minutes – to be addressed at next meeting.

Mick Lynch moved to adjourn at 8:30; seconded by Sharon Inger; passed 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary