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ZBA meeting minutes

Meeting date: 
Thursday, May 15, 2014

 

Minutes of Zoning Board of Appeals Public Meeting

Date:               May 15, 2014

Time:              7:00 PM

Location:        Wellfleet Sr. Center

Attendees:      Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Sharon Inger, and Mary Rogers, Committee Secretary.

Regrets:          Sibel Asantugrul, Mick Lynch, Don Palladino

 

Chair Vern Jacob opened the meeting at 7:00 p.m. and stated the meeting was being recorded.  

  Public Hearings:

7:00 pm

14-03 Limbach, 291599 Chequessett Neck Rd., Map 10, Parcel 119:  Application for a Special Permit under WZBL 6.1.5 for the construction of a 3’ x 8’ addition up and along a pre-existing non-conforming side yard set back.  It will be constructed within the existing house and deck foot print.  The Board consisted of: Bruce Drucker, Manny Heyliger, Roger Putnam, William Nicholson and Vern Jacob.

Mark Kinnane from Cape Associates came forward on behalf of the Limbachs, who were present.  He explained the configuration inside the house and stated there would be no detrimental impact to the neighborhood or environment.  There will be no visible change from the public way, he said.  Mr. and Mrs. Limbach addressed the importance of the addition.  The Board asked about the lot coverage, decks, and previous permits.  Bruce Drucker said he respected previous Special Permits that nothing should be put under the decks.

Mr. Putnam moved for Findings of Fact.  Mr. Heyliger seconded:

1. The dwelling is a pre-existing, nonconforming structure.

2. The existing non-conformities regarding the structure are intrusion into the setbacks and inadequate lot area.

3. The lot is lawfully pre-existing, nonconforming.

4. There will be only a small volumetric increase on the setback

5. There will be no change in use

6. There will be no increase in use.

7. The use conforms with the objectives of the R1 District.

8. There were no objections from the abutters.

9. The building lot coverage will not increase

10. The alteration will not be more substantially detrimental to the neighborhood than the existing, non-conforming structure.

11. 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.

Mr. Putnam moved the Finding of Fact; seconded by Mr. Heylinger; passed 5-0.

Mr. Jacob moved to approve the Special Permit based on the Findings of Fact; seconded by Mr. Heylinger; passed 4-1.

7:25pm

14-04,  Bruce/Stearns, 105 5th Ave. (G St.),  Map 40, Parcel 52, Application for a Special Permit under WZB  6.1.5 to renovate dwelling, including a new master bedroom wing, outdoor screened porch and boathouse, along with an upgrade to the septic system (no increase in bedrooms).  The Board consisted of:  Bruce Drucker, Manny Heyliger, Roger Putnam, William Nicholson and Vern Jacob.

Dave Bennett from Bennett Engineering came forward to explain the plan.  He said there was a letter of support from the abutter and that ConsCom had approved the project.  Mr. Jacob read into record the letter of support from Dr. Richard Dvorin, an abutter, and a letter from Robert Bruce and Kathryn. Stearns,the owners of the property.   Mr. Bennett answered questions about locating the bedroom addition so close to the paper road.  Other Board concerns were about the increase in size; the septic plan approved by the Conservation Commission; the measurements of the screened porch; the location of the boathouse onto the front setback; the master bedroom intrusion into the side setback; and the slight existing intrusion into the setback.

Mr. Drucker expressed his intent to not approve the proposed plan because of the scope of the intrusion into the side setback and front setback.  Other Board members supported his observation that the intrusions were too large and that there could be other options for designing the bedroom, as well as the boathouse in another way that did not require a Special Permit.   Mr. Bennett again stressed the importance of the upgrade of the septic system which would be an improvement to the neighborhood.   Mr. Bennett requested a 30 day continuation. .

Mr. Putnam moved to continue to June 19, 2014; Mr. Drucker seconded; passed 5-0.

8:00 p.m.

14-05  Rispoli Ventures, LLC, 15 LeCount Hollow Rd., Map 30, Parcel 22:  Application for a Special Permit under WZB 8.4.2 to construct an addition to the basement area underneath the existing rear/north side deck at the Locus, and to replace the existing stairway at the east side deck with a new stairway and second floor deck configuration.  The Board consisted of:  Bruce Drucker, Manny Heyliger, Roger Putnam, William Nicholson and Vern Jacobs.

Attorney Eliza Cox came forward to present the application for Rispoli Ventures, LLC.

She explained the addition that was planned under the walk-in cooler with no change to lot coverage.  The project has been approved by the Conservation Commission, she said.  The other addition is for a second floor deck above the existing first floor deck.  The second floor is now all office space, according to Attorney Cox.  The current stairs and landing are very narrow and considered dangerous.  She submitted photographs of the staircase.  The stairs are not used by the public; they are used by staff.   The Board asked about building coverage; more structural support for the cooler; getting the stairs into code; and use of the second floor deck.  The Board  said that at some point the structure would reach the point where there could be no further alterations onto the setbacks.

Mr. Putnam moved for Findings of Fact. Mr. Heyliger seconded:

  1. This is an application for Special Permit under WZB 8.4.2 to: (i) construct an approximate 166 square foot addition to the basement located underneath the existing rear north side deck; and, (ii) replace the existing stairway over the east side deck with a new stairway and second-floor landing.
  2. The property is located at 15 LeCount Hollow Road and is shown on Wellfleet Assessor’s Map 30 as Parcel 22 (the “Property”).  The Property is located in the Commercial zoning district.
  3. The Property is owned by the Applicant, is 65,675 square feet and contains a single two-story structure consisting of a restaurant and retail bakery with outdoor deck areas on the north and east sides of the building.
  4. The Property and uses on it has been the subject of a number of prior special permits as listed in "Continuation Sheet A" which is attached and incorporated by reference.
  5. The Zoning Board of Appeals has made several site inspections of the Property and has reviewed all plans and drawings submitted with respect to this application.
  6. The building is a lawfully pre-existing nonconforming structure.
  7. The proposed alteration of the basement affects an area of the building that is not used by the public and is not visible from LeCount Hollow Road and the proposed modification of the east side deck will have minimal visible impact from LeCount Hollow Road and will not be used by patrons.
  8. The proposed alterations will not result in an increase in the existing building lot coverage of 8.7%.
  9. There will be no modifications to the current uses of the Property.
  10. The alterations have been approved by the Conservation Commission.
  11.  There are no objections from abutters.
  12. The alterations are not more substantially detrimental to the neighborhood than the existing nonconforming structure.
  13. After considering the District Objections for the Commercial zoning district as provided for in Section 3.2 of the Wellfleet Zoning Bylaw and the relevant criteria set forth in Section 8.4.2, the Board finds that the benefits of the proposed alterations outweigh any adverse effect on the Town and the vicinity.

Mr. Putnam moved the Finding of Fact; seconded by Mr.  Heyliger; passed 5-0.

Mr. Drucker moved to approve the Special Permit based on the Findings of Fact; seconded by Mr. Putnam; passed 5-0

Other Business

Manny Heyliger explained a project that the Conservation Commission asked if it needs a permit from ZBA for a house demolition.  The ZBA is not an agent for demolition or building permits.  The Building Inspector is the appropriate authority for demolition and building permits, and authorized Chair Jacob to so advise the building inspector in response to his letter.

 

Vernon Jacob called attention to the Annual Town Meeting approval of zoning bylaws for Medical Marijuana Dispensaries and the revision of Floodplain zoning bylaws.

 

Meeting Minutes

Mr. Drucker moved to approve the minutes of May 1, 2014; seconded by Mr.  Putnam; seconded; passed 5-0.

 

Mr. Drucker moved to adjourn at 8:30 p.m.; seconded by Mr. Putnam; passed 6-0.

 

Respectfully submitted,                                               

 

Mary Rogers, Committee Secretary