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ZBA Meeting Min

Meeting date: 
Thursday, August 21, 2014

Approved

Zoning Board of Appeals

Meeting Minutes

August 21, 2014, 7:00 pm

Wellfleet Senior Center

Attendees: Vern Jacob, Bruce Drucker, Roger Putnam, Sharon Inger, and Don Palladino

Regrets:  William Nicholson, Manny Heyliger, Mick Lynch and Sibel Asantugrul

 Vern Jacob called the meeting to order at 7:15 pm.

  1. Jeffrey W. Glaze, 90 Beach St., and 5 Bay View Ave., Map 35, Parcels 31 and 32:  Application for a Special Permit under WZB 6.1.5.2.b to add three upper story small additions, a covered entryway between the dwelling and garage and a second story deck with stairs to the ground level.  The Board consisted of Vern Jacob, Bruce Jacob, Roger Putnam, Don Palladino and Sharon Inger.  Chet Lay and Ben Zehnder came to the table representing the applicant.  Chet Lay stated the abutting parcel is under agreement with Mr. Glaze and the total square footage would total 16,480 sq. ft. combined.  Mr. Glaze’s special permit application is with the contingency that he be able to purchase the property.   There would be no rear setback issues and with the proposed construction, lot coverage would be 13.11%.  Attorney Zehnder suggested an ANR be implemented to make this one lot.  The acquired lot is unbuildable because of its size.  Attorney Zehnder stated the letter from Attorney Coleman regarded the encroachment issue of a utility box on the acquired lot.   Lisa Monahan, abutter, stated she supported the proposal.

Roger Putnam stated the purchase of the property would eliminate the issues with  zoning bylaws and stated the letter from Attorney Coleman was not an issue.   Chet Lay gave a history of the 1890’s when the parcels were created and most were 40’ x 80’.  The Board expressed concern with conditions set on a Special Permit and the timing.  Attorney Zehnder stated this would be a permit conditioned upon the purchase of the property and going before the Planning Board to create one parcel.   Bruce Drucker questioned the construction of the current dwelling and the current setbacks.  Attorney Zehnder responded that this lot was not subject to zoning restrictions because the lot was created prior to zoning and remained unencumbered.   Bruce Drucker expressed concern with the additional intrusion  on the front setback.  Attorney Zehnder stated he would not record the permit until the property was purchased and become one parcel with the approval of the Planning Board.   Roger Putnam moved for Findings of Fact:

  1. This is an application for a Special Permit under WZB 6.1.5.2.b to add three upper story small additions, a covered entryway between the dwelling and garage and a second story deck with stairs to the ground level.
  2. The existing non-conformities regarding the structure are intrusions into the setbacks.  In addition, the lot is undersized.
  3. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in WZB 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.
  5. The proposed alteration to the 2nd floor would increase the existing intrusions into the front setback.
  6. The current lot coverage is 10.02% and the coverage for the combined lots will be 13.11% which is within the allowed 15% building lot coverage.
  7. There were no abutter objections and one abutter approved in favor of the application.
  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 WZB 3.2, and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effect on the Town and the vicinity.

Don Palladino moved the Findings of Fact; seconded by Roger Putnam, passed 4-1 .  Roger Putnam moved to grant the Special Permit with conditions; seconded by Don Palladino, passed 4-1.

Conditions:

  1. A building permit shall not be issued until applicant has provided the Building Commissioner with:
    1. a recorded Approval Not Required (ANR) plan showing Assessor’s Map 35, Parcel 31 and Map 35, Parcel 32 have been combined into a single lot
    2. Recorded deeds showing conveyance of Assessor’s Map 35, Parcel 32 into single ownership with Map 35, Parcel 31.

    Meeting Minutes

Roger Putnam moved to approve the amended meetings of 07/17/14 and 08/07/14; seconded by Sharon Inger; passed 5-0.

Don Palladino moved to adjourn the meeting at 8:15 pm; seconded by Bruce Drucker; passed 5-0.

Respectfully submitted,

Christine A. Bates

Committee Secretary