WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF FEBRUARY 13, 2003, 7:30 P.M.,
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Charles Amsler, Sibel Asantugrul,
Robert Hankey, William Nicholson, Trevor Pontbriand,
David Rowell, Jeffrey Stewart, Peter Watts;
Birgitta Olson, Clerk.
Meeting called to order at 7:30 p.m. by Chair Steve Rose.
7:30: Kenneth & Janice Granlund, 2068 State Highway-Rte.6, Map 29, Lot 128: Special Permit Application, deck on pool structure. The Board for this hearing consisted of Steven Rose, Chair; Sibel Asantugrul, William Nicholson, Jeffrey Stewart and Peter Watts. David Rowell left the room. Construction drawings and the site plan were reviewed. The Board made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) There will be no further intrusion into setbacks.
(3) The proposed deck would improve egress from the building.
(4) Therefore, the proposed deck will not be substantially more
detrimental to the neighborhood.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by William Nicholson and CARRIED 5-0.
Steven Rose MOVED "that the Board of Appeals grant the Special Permit as requested under Massachusetts General Laws, Chapter
40-A, Section 6, based on the findings of fact made by the board, and subject to the condition that any lighting on the highway side of the building be confined to the deck area." SECONDED by Peter Watts and CARRIED 5-0.
7:45: Ted & Joan Shapiro, 105 Granny Treat's Road, Map 5, Lot 5:
Special Permit Application, extend roof deck. The agent for the applicants had requested a postponement to the next available date. Steven Rose MOVED "that the Board of Appeals continue the hearing to 3/13/03." SECONDED by Jeff Stewart and CARRIED 9-0.
8:00: Richard & Carol Taute, 3095 Baker Avenue, Map 20, Lot 59:
Special Permit Application, second story addition & deck steps.
The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Trevor Pontbriand left the table. Surveyor Chet Lay and builder John Fitzgerald represented the applicants. The plan was corrected to exclude the SE corner steps, which already exist. A letter was read from abutter Michael Altman in opposition to the project. There was discussion of the possible need to tear the whole building down, and agreed that the petition should be readvertised to include replacement of the foundation and/or total building replacement. Robert Hankey MOVED "that the Board of Appeals continue the hearing to 3/27/03." SECONDED by David Rowell and CARRIED 5-0.
8:15: Ann Faith, 60 3rd Avenue, Lieutenant Island, Map 40, Lot 122: Special Permit Application, two screened porches; deck; overhang & trellis. Chet Lay represented the petitioners, stating that the lot has possible frontage on three roads, and that the Building Inspector has changed the frontage from 3rd to 4th Street, making this petition necessary. Mr. Lay noted that there will be no increase in the non-conformity of the property. The petitioners were cautioned that screened porches are not to be fitted with glass panels without prior approval by the Board. David Rowell said the house seems to have gone through some changes without proper permitting, and questioned the large dormer, which does not show on the plans. Trevor Pontbriand said from the floor that because the dormer
was irrelevant to the construction of the deck it was not shown. There was discussion of whether the dwelling was non-conforming or non-compliant. Builder Art Holten thought a photo Mr. Rowell presented was of another structure entirely. A poll of the Board showed the majority willing to proceed with the application, and the Board made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) The renovated structure with screened porches will still be
under 15% lot coverage.
(3) There are no objections from abutters.
(4) Therefore the proposed screened porches and renovations will
not be substantially more detrimental to the neighborhood.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Robert Hankey and CARRIED 4-1.
Steven Rose MOVED "that the Board of Appeals grant the Special Permit as requested under Section 6.1.5.1(b) of the Wellfleet Zoning Bylaw, based on the findings of fact made by the Board, and with the caveat that the existing dwelling may not be properly permitted with reference to the dormer/mezzanine and the roofline, which is hereby brought to the attention of the Building Inspector." SECONDED by Robert Hankey and CARRIED 5-0.
8:30: MacGregor Hay, 95 Commercial Street, Map 21, Lot 128: Appeal
of decision of Building Inspector re awning. The applicant had requested a postponement to the next available date. Steven Rose MOVED "that the Board of Appeals continue the hearing to 3/27/03." SECONDED by Robert Hankey and CARRIED 9-0.
Other Business.
- A letter from the Building Inspector concerning Peter & Judith
McNulty's application to the Planning Board for division of
their Commercial Street property was reviewed.
- Other correspondence was reviewed.
- The Minutes of the meeting of 1/9/03 were approved, as MOVED by
Rose, SECONDED by Stewart, and CARRIED 9-0.
- David Rowell MOVED "that the Board of Appeals authorize the
expenditure of funds for an Atlas series map shrinkage."
SECONDED by Sibel Asantugrul and CARRIED 9-0. It is hoped that
this cost will be shared by the Planning Board, Board of Health
and Conservation Commission.
Meeting adjourned at 8:50 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
______________________
Steven Rose, Chair
Approved 2/27/03
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