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ZBA 04/17/14 meeting minutes

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Meeting date: 
Thursday, April 17, 2014

Approved

Zoning Board of Appeals

Meeting Minutes

April 17, 2014

Wellfleet Senior Center

 

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

Regrets:  Vern Jacob, Sibel Asantugrul, and Mick Lynch

 

Acting Chair Bruce Drucker called the meeting to order at 7:02 pm.

 

Meeting Minutes:  Roger Putnam moved to approve the 03/06/14 meeting minutes; William Nicholson seconded; passed 4-0.

 

 

Engel, 55 Warren St., Map 36, Parcel 133, Application for a Special Permit under 6.1.5 to replace an outdoor shower enclosure, replace existing deck structure on south and west side of house increasing overall size by 162 sq. ft., and increase second level balcony by 60 sq. ft.  The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam and Don Palladino.  Joy Cumming represented the applicant and gave an overview of the property, including the setback issues.  She stated the approved drawings approved by the Conservation Commission have been changed and there will be no roof over the porch.  The decks will be cantilevered.  The lot coverage does not increase; however, the decking increases slightly into the setback. A letter from abutter Ms. McCarthy stated she had no objection to the project.  The Board felt this project was fine with minimal impact.  Roger Putnam moved for Findings of Fact; seconded by Bruce Drucker; passed 5-0.

 

 

 

  1. The existing non-conformities regarding the structure are intrusion into the rear & side setbacks.
  2. In addition, the lot is undersized being 12,990 ft.²
  3. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having 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. This is application for a Special Permit under WZB 6.1
  6. The proposed alteration would minimally increase the existing intrusions into the side & rear setbacks and the lot coverage will not increase.
  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 the Findings as presented; seconded by Manny Heyliger; passed

5-0.  Bruce Drucker moved to grant the Special Permit based on the findings; seconded by Don Palladino passed 5-0.

 

Bruce Drucker stated he has attended some of the Housing Authority meetings and they are planning on building 3 affordable accessory dwelling units on a parcel that already has one dwelling on it.  Town Counsel has advised the Housing Authority that the ZBA can make a determination on the number of units.

           

William Nicholson stated he would like to become an alternate member of the ZBA.  Bruce Drucker will talk to Mick Lynch to become a regular member.

 

Bruce Drucker expressed concern with the quality and completeness of the applications the Board is receiving.  He proposed some edits to the procedure directions and recommended the Committee Secretary send an e-mail to applicants acknowledging the receipt of the application and attaching the procedures.   

 

Roger Putnam moved to adjourn at 7:40 pm; seconded by Bruce Drucker; passed 5-0.

 

Respectfully submitted,

 

 

Christine Bates