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Approved ZBA Mtg Mins

Meeting date: 
Thursday, May 3, 2018

Approved

Zoning Board of Appeals

Meeting Minutes

May 3, 2018  7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, Reatha Ciotti, and Manny Heyliger

Regrets:  Trevor Pontbriand

7:05 pm

18-11  Slackman, Inc., 250 Commercial St., Map 21, Parcel 106:  Application for a Special Permit pursuant to M.G.L.c.40A and WZB 6.1 to alter a pre-existing, non-conforming structure to construct a second floor outdoor wooden roof over deck, install an outdoor ground level firepit, and 2) an exemption from the Flood Hazard District Regulations pursuant to WZB 6.14.3.

The Board consisted of Roger Putnam, Sharon Inger, Bruce Drucker, Mick Lynch and Reatha Ciotti.  Attorney Ben Zehnder gave an overview of the project, one to construct a roof over the existing deck, and second, to build a fire pit.  The proposal for the fire pit would remove 3 parking spaces which have been problematic due to the road, both backing into and backing out of due to the high traffic in the summer months.  He stated the area would be a place for people to wait for their tables.  The fire pit would be partially on town owned property.  The second-floor deck currently has no roof and people sit under umbrellas.  The roof would be no higher than the roofline of the restaurant.  It would eliminate safety issues with the outside stairs.  Wil Sullivan questioned if the Board could make a decision regarding the fire pit on town land and Mr. Zehnder stated they would have to get permission from the town.  Attorney Zehnder stated there is ample parking at the harbor.  Sharon Inger questioned the amount of seats at the restaurant because they stated 250 but the paperwork stated 150 and she also questioned the number of parking spots.  The handicapped spots will be paved.  Attorney Zehnder stated removing the parking spaces will not impact the amount of spaces.  Mick Lynch had concerns with the handicapped parking spots and Allison, the manager of the restaurant, explained the plan.  Mr. Lynch also expressed concern with the fire pit being located on town land.  Bruce Drucker stated he had no problem with the roof, and stated the bylaws determine the number of parking spots.  Mr. Drucker believes the parking spaces do present safety issues, and recommends the applicant come back with letters from the Fire Chief and Selectmen approving the fire pit & its location before the Board considers that portion of the application concerning the fire pit.    Sharon Inger stated the drawing did not identify the elevation of the roofline.  Justin Post, Bui8lding Inspector, stated the roof drip line will be extended outside of the interior wall.  Manny Heyliger had no problem with the roof but is against the fire pit and removing parking spots.  Reatha Ciotti had an issue with the fire pit.

Attorney Zehnder asked to withdraw without prejudice the request for the fire pit and removal of the parking spots.  Mick Lynch moved to allow the applicant to remove the portion of the application pertaining to the firepit without prejudice; seconded by Sharon Inger; passed 5-0. 

Bruce Drucker moved for Findings of Fact; seconded by Mick Lynch; passed 5-0

  1. The property comprises approximately 33,976 square feet of land (19,800 square feet of upland) and 308 linear feet of frontage on Commercial Street and is in the Central zoning district.
  2. The property is non-conforming as to lot area (20,000 square feet are required).
  3. The property is conforming as to frontage (125 feet is required).
  4. The property is improved with a two-story wood framed commercial structure constructed in approximately 1944 and a one story wooden commercial which was formerly a boat house, of an unknown age.
  5. The two-story structure is used as a restaurant and the one-story structure is used as a retail art gallery.
  6. The existing building area on the property, including walk-in cooler, is 4,587 square feet.
  7. The property has 23.2% upland building coverage and is non-conforming as to coverage (maximum 15% allowed).
  8. The restaurant building is non-conforming as to front and rear yard setbacks, having a 12' setback from the front property line and a 6' setback from the rear property line.
  9. The gallery building is non-conforming as to rear yard setback, having a 5' setback to the rear property line.
  10. The applicant proposes constructing an open sided roof over the existing second floor outdoor deck to replace seasonally installed fabric umbrellas.
  11. Lot coverage will not be increased by the proposed changes.
  12. No property line setback distances will be decreased by the proposed changes.
  13. The proposal will not result in any new non-conformities and will not increase any existing non-conformity, except for a slight volumetric increase due to the proposed roof.
  14. The proposed roof will not increase the use of the property.
  15. The proposed roof will improve the visual appearance of the restaurant building.
  16. The proposed roof will increase the safety and enjoyment of the roof deck, by eliminating the umbrellas, which are subject to the wind, and by making the roof deck more protected from rain.
  17. The proposed roof will increase the taxable value of the property and provide additional tax revenue to the Town of Wellfleet.
  18. The roads, drainage, and other public services at locus are adequate for the proposed roof.
  19. There is no reasonable likelihood of environmental damage from the proposed roof.
  20. There will be no effect on the diversity of services or housing opportunities available locally due to the proposed roof.
  21. There will be no seasonal consequences from the proposed roof.
  22. The restaurant and gallery are local activities and are operated on a seasonal basis.
  23. There will be no increase in year-round employment from the proposal.
  24. There will be no impact on any scenic views from the proposal.
  25. The proposal will not affect public access to or along the shoreline.
  26. The Applicant was invited to withdraw the proposal with respect to the fire pit and, if the Applicant so chooses, to file a new application after the Applicant has obtained and provided written approval from the Wellfleet Board of Selectmen for placing part of the fire pit on Town property. has obtained written approval from the Wellfleet Fire Chief for the fire pit and has provided the Board with specifications and a drawing of the approved fire pit. Accordingly, the Applicant’s attorney has requested that the portion of the application with respect to the fire pit he withdrawn without prejudice.
  27. The proposal with respect to the roof will not be substantially more detrimental to the neighborhood than current uses and structures at locus, 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 Special Permit Granting Objectives as forth in Section 8.4.2 and 6.24.3 of the Wellfleet Zoning Bylaws.


Applicant’s Proposed Findings of Fact

(Flood Hazard Special Permit)

  1. The granting of an exemption for the construction of an open sided roof will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws.
  2. The proposed open sided roof will comply in all respects with the State Building Code, including the requirements of Section 744.0 regarding flood zones.
  3. The project complies in all respects with M.G.L. Chapter 131, s. 40, the Wetlands Protection Act, and the Town of Wellfleet’s Environmental Protection Bylaw.

Based on the foregoing Findings the Bruce Drucker moved as follows to:

  1. Grant the Applicant’s request to withdraw that portion of the application with respect to the fire pit without prejudice.
  1. Grant the application only with respect to an exemption from the Flood Hazard District Regulations and the proposed roof and subject to the conditions (i) that there shall be no live entertainment or additional speakers for music on the roof, (ii) that there will be no increase in the lawfully allowed seating capacity of the restaurant & (iii) the Applicant will provide to the ZBA & Building Inspector a complete drawing showing the elevation of the proposed roof.

Seconded by Mick Lynch; passed 5-0.

7:00 pm

18-05   Martha R. Wilson, Trustee of The Martha R. Wilson Living Trust Agreement, 56 Indian Neck Road, Map 28, Parcel 48, Appeal from Person Aggrieved regarding Stop Work Order dated January 18, 2018.  At the request of the applicant, Mick Lynch moved to continue to May 17, 2018; seconded by  Sharon Inger; passed 5-0

18-06  Martha R. Wilson, Trustee of the Martha R. Wilson Living Trust Agreement,  56 Indian Neck Road, Map 28, Parcel 48, Application for a Special Permit under WZB  6.1.5 and 8.4.2 and M.G.L. Chapter 40A, Section 6, to complete construction of a detached accessory two-car garage with art studio above.  At the request of the applicant, Mick Lynch moved to continue to May 17, 2018; seconded by  Sharon Inger; passed 5-0

16-07  Martha R. Wilson, Trustee of the Martha R. Wilson Living Trust Agreement, 56 Indian Neck Road, Map 28, Parcel 48, Application for Variance under WZB .4.3 and M.G.L., Chapter 40A, Section 10 from the provisions of Sections 5.4 and 6.2 to complete construction of a detached accessory two-car garage with art studio above.  At the request of the applicant, Mick Lynch moved to continue to May 17, 2018; seconded by  Sharon Inger; passed 5-0

Business

Meeting Minutes – to be addressed at May 17, 2018 meeting.

Bruce Drucker moved to adjourn at 7:45; seconded by Mick Lynch; passed 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary