WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF APRIL 17, 2003, 7:30 P.M.,
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Charles Amsler, William Nicholson,
Trevor Pontbriand, David Rowell, Peter Watts;
Birgitta Olson, Clerk.
Regrets: Sibel Asantugrul, Robert Hankey, Jeffrey Stewart.
Meeting called to order at 7:30 p.m. by Chair Steve Rose.
7:30. #02-36, Charles Amsler, Trustee, B.C. Realty Trust, 2529/2534 State Highway-Rte.6, Map 23, Lot 34: Special Permit Application WZBL S.6.21, affordable accessory dwelling unit. (Continued from 1/23/03.) The Board for this hearing consisted of Steve Rose, CHair; William Nicholson, David Rowell, Peter Watts, and Trevor Pontbriand replacing Jeff Stewart.
After a review of the history of the application by Attorney Peter Farber, including a review of the criteria for affordable accessory dwelling units as found in Section 6.21.3 of the Wellfleet Zoning Bylaw, a letter was read from abutters Reuben & Nancy Cook concerning excavation done on the property with consequent destabilization of the bank between the Cook and Amsler properties, and concerning placement of a fence partially on the Cook property. There followed discussion of the sand removed by Mr. Amsler; erosion of the bank, and of the Cook property as claimed by Mr. Cook; Mr. Amsler being allowed by the previous Building Inspector to remove the sand; cessation of sand removal at the order of the present Building Inspector. Building Inspector Richard Asmann objected to Attorney Farber's representation of
his office and his actions. Mr. Asmann also emphasized following three points: (1) Counsel Elizabeth Lane's opinion that the Amsler property is two distinct lots for zoning purposes. (2) Whatever the Board has done in response to a prior Amsler petition, it did in no way act to merge the two lots. (3) The Board is not obligated to grant relief to the petitioner with reference to affordable accessory dwelling units since Mr. Amsler had the dwelling on the property already rented as affordable housing. Helen Miranda Wilson spoke about the plan approved by the Planning Board merging the two lots, and said she thinks the lots are merged for zoning purposes as well as under the Subdivision Control law. Steve Rose said that two vacant lots, or a developed and a vacant lot can be merged, but two developed lots cannot be merged so simply. Mr. Asmann contended that the plan creates a zoning violation and that the Board of Appeals does not have to
recognize the lots as merged. There was discussion of which building is the primary use, the smaller real estate office/gift shop or the larger dwelling, with note taken that the property is in a commercial zone. Mr. Amsler said he purchased the property as commercial. He also recounted what he had done to stabilize the banking and rectify the error with the fence between his property and Mr. Cook's. Steve Rose said he is inclined to
WELLFLEET ZONING BOARD OF APPEALS MINUTES 4/17/03 2
agree with the petitioner on this point, that the primary use on the lot is commercial. He went on to say that it is up to the Board to decide whether it can consider the property as merged, although Town Counsel has said it is not. Discussion on the merged lot question continued for some time.
Attorney Peter Farber asked to be allowed to withdraw the petition without prejudice.
Peter Watts MOVED "that the Board of Appeals allow the petitioner to withdraw without prejudice." SECONDED by David Rowell and CARRIED 5-0.
8:25. #03-6, Ted & Joan Shapiro, 105 Granny Treat's Road, Map 5, Lot 5: Special Permit Application WZBL S.6.1.5.1(b), extend roof deck. (Postponed from 2/13/03.) The Board for this hearing consisted of Steve Rose, Chair; William Nicholson, Trevor Pontbriand, David Rowell and Peter Watts. The plan for a 10 by 14 foot extension of the roof deck on the back of the house was reviewed. It was noted that this will add to the existing non-conformity of the structure. There were no letters and no comments from the floor. 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 dwelling.
(3) The volumetric increase is minimal.
(4) The volumetric increase is not in living space.
(5) There are no objections from abutters.
(6) Therefore the proposed deck extension will not be substantially more detrimental to the neighborhood.
Trevor Pontbriand MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by David Rowell 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 Trevor Pontbriand and CARRIED 5-0.
8:35. #03-13, Suzanne Allan-Calota & Dan Calota, 1937 State Highway-Rte.6, Map 29, Lot 269, Unit #4: Special Permit Application WZBL S.6.1.1/6.1.5.1(b), addition. (Postponed from 2/13/03.) The Board for this hearing consisted of Steve Rose, CHair; Charles Amsler, William Nicholson, David Rowell and Peter Watts. After hearing the presentation of the petitioners, including a description of the small addition which would square off the cottage; and after reviewing a letter from the Board of Health approving the addition under certain conditions; the Board made the following findings of fact:
(1) An Amendment to the condominium Master Deed allows the
WELLFLEET ZONING BOARD OF APPEALS MINUTES 4/17/03 3
expansion.
(2) The addition will make the structure more habitable according
to the sanitary code.
(3) The squaring off of the cottage will not be substantially
more detrimental to the condominium complex or the
neighborhood.
David Rowell MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Peter Watts 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 condition that the addition shall remain open to the existing kitchen area." SECONDED by Peter Watts and CARRIED 5-0.
9:05. #03-14, Leonard Croteau, 1936 State Highway-Rte.6, Map 29, Lot 269, Unit #8: Special Permit Application WZBL S.6.1.1/6.1.5.1(b), addition. (Postponed from 2/13/03.) The Board for this hearing consisted of Steve Rose, Chair; William Nicholson, Trevor Pontbriand, David Rowell and Peter Watts. After hearing the presentation of the petitioner, including a description of the porch which is to be enclosed to serve as a dining area; and after reviewing a letter from the Board of Health approving the addition under certain conditions; the Board made the following findings of fact:
(1) The enclosed porch falls within the area allotted by the
condominium deed to the cottage.
(2) There will be no intrusion into the setback.
(3) The addition will make the structure more habitable according
to the sanitary code.
(4) There are no objections from abutters.
(5) Therefore the proposed addition in living space will not be
substantially more detrimental to the neighborhood.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by David Rowell and CARRIED 5-0.
Peter Watts MOVED "that the Board of Appeals grant the Special Permit as requested under Section 6.1.5.1(b) of the Wellfleet Zoning Bylaw, subject to the following condition: The enclosed porch is to remain open to the bedroom." SECONDED by David Rowell and CARRIED 5-0.
9:15. #03-11, Albert Davis, 2766 State Highway-Rte.6, Map 15, Lot 146: Special Permit/Variance Application, partial second story. (Continued from 2/27/03.) The Board for this hearing consisted of Steve Rose, Chair; William Nicholson, David Rowell, Peter Watts,
WELLFLEET ZONING BOARD OF APPEALS MINUTES 4/17/03 4
and Trevor Pontbriand replacing Robert Hankey. The applicant asked to withdraw his petition without prejudice.
Peter Watts MOVED "that the Board of Appeals allow the petitioner to withdraw without prejudice. SECONDED by David Rowell and CARRIED 5-0.
9:25. #03-18, Israel & Elva Abrams, Lot 58 Compass Hill Road, Map 41: Special Permit Application WZBL S.6.1.5.1(b), create screened porch from portion of deck. (Continued from 4/10/03.) The Board for this hearing consisted of Steve Rose, Chair; William Nicholson, David Rowell, Peter Watts and Trevor Pontbriand replacing Charles Amsler. A revised plan which eliminated the spiral staircase to the roof deck was previewed. The Board made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) The screened porch stays within the existing footprint.
(3) There is under 15% lot coverage.
(4) There are no objections from abutters.
(5) Therefore the proposed screened porch will not be
substantially more detrimental to the neighborhood.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Trevor Pontbriand.
Trevor Pontbriand 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 condition: The screened porch shall not have glass windows and shall remain unconditioned space." SECONDED by William Nicholson and CARRIED 5-0.
Other Business.
- Mail was reviewed.
Meeting adjourned at 9:35 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
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Steven Rose, Chair Approved 5/8/03
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