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Meeting Minuites Zoning Board of Appeals

Meeting date: 
Thursday, May 1, 2014

Approved

 

Zoning Board of Appeals

Meeting Minutes

May 1, 2014

Wellfleet Senior Center

 

Attendees: Bruce Drucker, Manny Heyliger, William Nicholson, Roger Putnam, Mick Lynch, and Don Palladino

Regrets:  Vern Jacob, Sibel Asantugrul, and Sharon Inger

 

Acting Chair Bruce Drucker called the meeting to order at 7:00 pm. 

 

  1. Marco Investments LLC, 60 Ring Road, Map 41, Parcel 94, Application for a Special Permit under 6.1.5 to convert lower level of deck into finished interior space.

The Board consisted of Bruce Drucker, Manny Heyliger, William Nicholson, Roger Putnam and Don Palladino.  A site visit was made by the ZBA on 8/30/14.  Trevor Pontbriand represented the applicant, stating there will be an expansion of an office area in an existing outside deck.  The Board commended Mr. Pontbriand on the material presented.   Bruce Drucker moved for Findings of Fact; seconded by Roger Putnam; passed 5-0.

 

  1. This is application for a Special Permit under WZB 6.1.5 to convert the lower level of deck into finished interior space
  2. The existing non-conformities regarding the structure are intrusion into the rear & south side setbacks.
  3. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure.  It was built in 1974 according to the Assessor's Office and has been in existence for least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2
  4. The ZBA has made a site inspection of the subject property and has reviewed the building plans, calculations, site plan and drawings provided by the applicant’s architect.
  5. The proposed alteration is a volumetric increase in the intrusion into the setback per WZBL 6.1.5.4.  There will be a slight decrease in the intrusion into the setback due to the removal of the existing stairs.
  6. The building lot coverage is 6.17 % and the proposed coverage will be 6.67%.
  7. There was no objection from abutters.
  8. There will be no change in use.
  9. The proposed alterations will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
  10. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.

 

 

 

Roger Putnam moved to approve 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 Roger Puitnam; passed 5-0.

 

Gerald Parent, Chair of the Planning Board, came to discuss a proposal to assure all non-structural Special Permits were in compliance, which would include parking spaces, parking setbacks, landscaping plans, etc.  He recommended a certified as-built plan be provided to the ZBA/Building Department after the project was complete.  The Building Inspector would be informed about the project and paperwork placed in the file.  He recommended the Board consider placing a condition on the Special Permit that an as-built plan be provided.  He stated several of the older files in the Building Department do not have as-built plans and it will be required for all future Building Permits.  There was discussion regarding enforcement by the town.    

 

There was also a discussion with Mr. Parent concerning the accessory building bylaw, sheds, and parking requirements.

 

 

Meeting Minutes

Bruce Drucker moved to approve the amended April 17, 2014 meeting minutes; seconded by Roger Putnam; passed 6-0.

 

Bruce Drucker moved to adjourn at 8:00 pm; seconded by Don Palladino; passed 6-0.

 

Respectfully submitted,

 

 

Christine A. Bates, Committee Secretary