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Approved ZBA mtg mins

Meeting date: 
Thursday, December 1, 2016

Approved       

Zoning Board of Appeals

Meeting Minutes

December 1, 2016, 2016   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger, Sibel Asantugrul, Trevor Pontbriand, and Reatha Ciotti

Regrets: Don Palladino and Mick Lynch

7:00 pm

16-13  Amendment:  James and Susan K. Collins, 3 West Main Street, Map 14, Parcel 146, Application to amend previously approved Special Permit under WZB 8.2 and MGL Chapter 40, Section 6 to restore and alter existing non-conforming building within the Central District by eliminating the previously approved second story and rebuild as a single story building with no change in use. (Cont’d).  Sharon Inger moved to continue to December 15, 2016 as requested by the applicant; seconded by Roger Putnam, passed 5-0.

7::05 pm

16-33  Bocce Italian Grill, LLC, 842 Route 6, Map 36, Parcel 1:  Application for a Special Permit under WZB 6.1 and 8.4.2 to construct a 383 square foot addition to a portion of the southerly side of the existing restaurant building.  The Board consisted of Roger Putnam, Sharon Inger, Bruce Drucker, Manny Heyliger and Trevor Pontbriand.  Attorney Ben Zehnder represented the applicant and gave an overview of the project, which is to add an additional 383 square feet to the structure.  The bar area requires repairs and they would like to have a waiting area for the patrons.  There will be three parking lots lost with the expansion but the parking plan meets the requirements.  A new walk-in freezer and bulkhead will be added which is not within the ZBA’s jurisdiction.   Bruce Drucker moved for Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. 

  1. The property comprises of approximately 0.807 acres of land in the Commercial 2 Zoning District.
  2. The property is bounded along its westerly border by the State Highway and has 271.81 feet of frontage.
  3. 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.
  4. The existing building was constructed in 1965 and has been used since then as a commercial restaurant.
  5. The existing building was constructed with a portion of its northeasterly corner extending beyond the easterly boundary of the property and is therefore nonconforming as to rear property line minimum setback distance in the C2 district, which requires a minimum of 35 feet.
  6. The applicant proposes constructing a 17’ x 22’6” addition to the existing ell on the south side of the building as shown on the plans filed with the application.
  7. The addition will be conforming on the south, west and north sides, and will be 32.7 feet from the east lot line where 35 feet is required.
  8. The addition will create a minimal intensification of the existing east lot line nonconformity.
  9. The addition will provide extra space for patrons waiting to be seated, will provide 20 seats in the bar area and will not increase the total seating count over the existing
  10. The benefits of the proposed addition will outweigh any adverse effects on the Town and the vicinity.

Trevor Pontbriand moved to accept the Findings of Fact; seconded by Manny Heyliger, passed 5-0.   Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.

7:30 pm

16-34  Cabot Brown, 41 4th Ave., Map 40, Parcel 80: Alter a pre-existing non-conforming single family dwelling by 1) renovating the southerly portion of the existing building and 2) demolishing and rebuilding the northerly portion of the existing building as a two-story structure.  The Board consisted of Roger Putnam, Manny Heyliger,

Reatha Ciotti, Sibel Asantugrul and Trevor Pontbriand.  Attorney Ben Zehnder represented the applicant.  Peter Haig, architect, also was at the table.  Mr. Haig stated the building was moved from Otis Air Force base over 50 years ago.  The dwelling was a six bedroom house and will be converted to a four bedroom home with den and family room.  The septic system is for 6 bedrooms and the Board of Health files reflect that number.  Manny Heyliger recommended the bedrooms be maintained at 4 due to the lot coverage.  The project has been approved by the Conservation Commission.  A letter from abutter James McGuire supported the project.  Manny Heyliger moved for Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. 

  1. This is an application for a Special Permit under WZB 6.1.5 and 8.4.2 and M.G.L.c 40A,s 6 to alter a pre-existing, non-conforming dwelling structure within the Residential Zoning District.
  2. The Zoning Board of Appeals has received and reviewed the plans and drawings pertaining to the project all of which are in the file.
  3. The Zoning Board of Appeals has made a site inspection of the subject lot.
  4. The property is located in the Residential District.
  5. There were no letters or appearances in opposition to the application.
  6. There was one letter in support of the application.
  7. The lot contains 11,200 ft.² of area in a district requiring 30,000 square feet minimum lot area;
  8. The lot has 80.00 linear feet of frontage on 3rd Street in a district requiring 135 linear feet.
  9. There is existing a six bedroom one story over walkout basement dwelling constructed in approximately 1957.
  10. The application seeks a Special Permit to remove a portion of the dwelling, renovate a portion and construct a new addition within the area of the removed portion, creating a four bedroom dwelling.
  11. Renovation of the older home will be more attractive in general and will enhance the appearance of the neighborhood.
  12. Reduction in the number of bedrooms will enhance groundwater protection.
  13. The Conservation Commission has issued an Order of Conditions for the project.
  14. The Health Department has approved the floor plans for use with the existing septic system

15. The proposed alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming use, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the District Objectives for the Residential district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.
 

Manny Heyliger moved to approve the Findings of Fact; seconded by Reatha Ciotti; passed 5-0.  Manny Heyliger moved to grant the Special Permit with the condition that any subsequent renovation to increase the bedroom count above 4 will require application to and approval of the Zoning Board of Appeals; seconded by Trevor Pontbriand; passed 5-0.

usiness

The Board has experienced a few hearings where the applicant requests several continuations due to a lack of materials, such as revised site plans, floor plans, etc.    Roger Putnam recommended the Board will allow 2 consecutive continuation requests as a norm in the hearing process.  Any such request for a continuance whether the first request or more, shall first be run by the ZBA chair before the Board secretary responds to the request. If two continuances an applicant does not provide the necessary paperwork due for the scheduled continuation, it is suggested that the application be withdrawn without prejudice (there will be exceptions for good cause shown).  The Board was in favor of the recommendation. The Board expressed concern with the practice of some applicants, or their representatives, of filing without all the required paperwork and then requesting continuances to furnish the paperwork that was required to be filed in the first place with the application.

 

Meeting Minutes – to be addressed at next meeting.

Trevor Pontbriand moved for adjourn at 8:00; seconded by Bruce Drucker; passed 7-0

Respectfully submitted,

Christine Bates, Committee Secretary

 

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