WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF MARCH 27, 2003, 7:30 P.M.,
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Charles Amsler, Robert Hankey,
William Nicholson, Trevor Pontbriand, David Rowell,
Jeffrey Stewart, Peter Watts; Birgitta Olson, Clerk.
Regrets: Sibel Asantugrul
Meeting called to order at 7:30 p.m. by Chair Steve Rose.
7:30: #03-16, West Waters d/b/a Codder's House Furniture Co. for
property owned by Cape Commerce Nominee Trust, 2393 State Highway, Map 23, Lot 211: Special Permit Application, expand business.
The board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Trevor Pontbriand left the table. The Board had made a site inspection. The applicant described his proposed expansion into the next unit, and confirmed that he would be adding 3-5 part-time employees to his staff. The Board then made the following findings of fact:
(1) There are no objections from abutters.
(2) There is adequate parking.
(3) The proposal will bring an increase in year-round local
employment opportunities.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by William Nicholson and CARRIED 5-0.
Robert Hankey MOVED "that the Board of Appeals grant the Special Permit as requested under Section 5.3.2 of the Wellfleet Zoning Bylaw to West Waters d/b/a Codder's House Furniture Co., based on the findings of fact made by the Board, and subject to the following condition: Hours of operation are to be the same as for the current business." SECONDED by William Nicholson and CARRIED 5-0.
7:45: #03-17, Michael & Nicole Stavola, 3086 Baker Avenue, Map 20, Lot 56: Special Permit Application, convert deck to bathroom.
The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Jeffrey Stewart.
The Board had made a site inspection. Builder Floyd Pickard described the proposed alteration, adding that the first floor deck is also to be rebuilt at this time. The Board made the following findings of fact:
(1) There is to be no increase in lot coverage.
(2) There will be minimal further intrusion into the setback.
(3) There are no objections from abutters.
Robert Hankey MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Steve Rose and CARRIED 5-0.
Robert Hankey 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 subject to submittal of three engineered plans." SECONDED by Steve Rose and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 3/27/03 2
8:00: #03-15, Suzanne Allan-Calota & Daniel Calota, 1937 State Highway-Rte.6, Map 29, Lot 269G, Unit 7: Special Permit Application, addition. The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. The Board had made a site inspection. The petitioners described the cottage and the proposed addition, noting that the condominium documents gave approval for the enlargement of this and two other cottages. The Building Inspector advised that the petition be heard under Section 8.4.2, stating that the situation is like enough to a cottage colony. The Board then made the following findings of fact:
(1) The proposed addition will make the structure more conforming
according to the definition of a cottage colony, and according to the State Building Code, Title 2 with reference to habitable space.
(2) The proposed addition will bring the structure more into
conformity with public health standards.
(3) Board of Health approval has been given.
(4) Condominium Association approval has been given.
Peter Watts MOVED "that the Board adopt the findings of fact." SECONDED by David Rowell and CARRIED 5-0.
Robert Hankey MOVED "that the Board of Appeals grant the Special Permit as requested under Section 8.4.2 of the Wellfleet Zoning Bylaw." SECONDED by David Rowell and CARRIED 5-0.
8:25: #03-7, Richard & Carol Taute, 3095 Baker Avenue, Map 20,
Lot 59: Special Permit Application, foundation/addition/deck extension. (Continued from 2/13/03.) The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Trevor Pontbriand left the table. Revised plans were reviewed. Research showed that the majority of homes in the neighborhood are 2-story. 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 increase in the footprint of the structure.
(3) There will be a minor volumetric increase into the setback.
(4) The proposed second story addition is in keeping with the
neighborhood.
(5) Therefore the proposed addition will not be substantially
more detrimental to the neighborhood.
David Rowell MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by William Nicholson and CARRIED 5-0.
David Rowell 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." SECONDED by Peter Watts and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 3/27/03 3
8:45: #03-8, George & Bernadette Meyer, 269 Pilgrim Road, Map 24, Lot 136: Special Permit Application, Relocate & replace dwelling.
(Continued from 2/27/03.) The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Charlie Amsler left the table. A revised plan meeting the Cape Cod National Seashore's concerns about the under roof structure and the southwest retaining wall was reviewed; it showed a reduced footprint and the retaining wall extending only 10 feet towards the property line. A letter dated 3/27/03 from the Seashore was read, and Harrison Gruman of the Seashore spoke to it. The Board then made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) There will be a reduction in lot coverage.
(3) There are no objections from abutters, including the Cape Cod
National Seashore.
(4) Getting the house further back from a coastal bank and out of
the WPA buffer zone is environmentally good.
(5) Therefore the proposed relocation and alteration of the
dwelling 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 5-0.
David Rowell 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 subject to the following conditions: (1) All conditions set out in the 3/27/03 letter from the Cape Cod National Seashore are to be met. (2) The retaining wall on the west side is to meet the 10-foot setback." SECONDED by Robert Hankey and CARRIED 5-0.
It is to be noted that concrete bounds as required by the Seashore
have already been installed.
9:00: #03-5, MacGregor B. Hay & Traci Harmon Hay for Duck Creek Creative Center, LLC, 95 Commercial Street, Map 21, Lot 128: Appeal of Decision of Building Inspector concerning awnings. (Postponed from 2/13/03.) The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. The proposal was explained as awnings over four windows on the first floor to protect artwork in the two galleries located there from the summer sun. Building Inspector Richard Asmann said that the only relief available is a Finding by the Board under Section 6.1.1 of the Zoning Bylaw, and a Finding under Section 6 of Chapter 40-A, so that a Special Permit can be granted. The Board made the following findings of fact:
(1) The Board finds that under Section 6.1.1 (Non-Conforming Uses, Alteration or Extension) of the Wellfleet Zoning Bylaw the
proposed awnings will not constitute an increase in the nature
of the non-conformity.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 3/27/03 4
(2) The Board also finds under Section 6 of Chapter 40-A of
Massachusetts General Laws (Alteration or Extension of a
Pre-Existing, Non-Conforming Structure/Use) that the proposed awnings will not be substantially more detrimental to the
neighborhood than the existing non-conformity.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by William Nicholson and CARRIED 5-0.
Peter Watts MOVED "that the Board of Appeals uphold the Decision of the Building Inspector that a Special Permit is needed for the awnings, and grant a Special Permit to MacGregor B. Hay for the Duck Creek Creative Center, LLC, namely awnings over four ground floor windows, subject to the following conditions: (1) The awnings are to be gray charcoal tweed in color. (2) There is to be no advertising on the awnings." SECONDED by David Rowell and CARRIED 5-0.
Other Business.
- The As-Built Plan for Marilyn Wolfson, Holbrook Avenue, was
reviewed and approved, as MOVED by Rose, SECONDED by Watts, and
CARRIED 8-0.
- The Minutes of the meeting of 2/27/03 were approved, as MOVED by Hankey, SECONDED by Nicholson, and CARRIED 8-0.
- Mail was reviewed.
- It was noted that conditions on the Cape Commerce Nominee Trust
property concerning plantings on the Route 6 and Cove Road sides have never been met. This should be followed up by the Building Inspector as Zoning Enforcement Officer.
- Building Inspector Richard Asmann said he would like to discuss
with the Board how the granting of Special Permits for businesses can be made more consistent. There have been some
complaints of inconsistency in the requiring of Special Permits, and some problems with the introduction of an additional or different use into a permitted area. It was agreed that this should be discussed at the April 9th working meeting following site inspections, with an eye to developing guidelines.
Meeting adjourned at 9:45 p.m.
Respectfully submitted,
Birgitta V. Olson ________________________
Committee Secretary Steven Rose, Chair
Approved 3/27/03
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