WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF APRIL 24, 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. #02-28, Michael Crapa & Bruce Ruby, 60 Wixom Avenue, Map 36, Lot 174: Special Permit/Variance/Finding, legitimization of 3-family dwelling. (Postponed from 1/9/03.) The Board for this hearing consisted of Steven Rose, Chair; Sibel Asantugrul, William Nicholson, David Rowell and Peter Watts. A letter from Michael Crapa stated that he has not been able to gather the information the Board requested of him, and asked to be allowed to withdraw the petition without prejudice. David Rowell MOVED "that the Board of Appeals allow the petition to be withdrawn without prejudice." SECONDED by Robert Hankey and CARRIED 5-0.
7:45. #03-22, Frank Capello for property owned by Donald Horton, 55 Cove Road, Map 23, Lot 210: Finding WZBL S.6.1.1/Special Permit Application WZBL Ss.8.4.2, 5.4.2 & 5.3.2, Service Trade/Business.
The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts.
It was noted that the property is now half in the C-2 Zone and half in a Commercial Zone. The petitioner described his business, stating that he must move it from its former location but wants to keep the business in town and wants to keep it small, and that he needs a building in which to keep and work on his equipment. An abutter spoke from the floor in support of the petition. There was discussion of the many prior petitions made for this property, which at one time has half in a residential zone. It was established that the building is non-compliant, but at one time had a legitimate use. The Board made the following findings of fact:
(1) A Special Permit was issued to the property at one time for
a Service Trade/Business, contingent on its being joined to
the adjacent commercial property. This is now not necessary
since the lot has become C-2/Commercial.
(2) The existing structure, being non-compliant, can only stand
empty and eventually deteriorate unless the Board of Appeals can grant appropriate relief by Special Permit.
(3) The moving of the petitioner's business from a Residential
Zone to C-2/Commercial zoning is a positive step insofar as
the new location is more appropriate to the use.
(4) The well drilling/water systems business is a needed service
WELLFLEET ZONING BOARD OF APPEALS MINUTES 4/24/03 2
to the community, and adds to the diversity of services
available in the town.
(5) The proposed use is a less intensive use than the former
trash collection business, and will have a lesser impact
on the abutting residential neighborhood.
(6) The proposed use of the property is consistent with the
vision expressed in Wellfleet's Local Comprehensive Plan,
The Executive Summary, concerning controlled growth for the
purpose of preserving the character of the Town, yet providing necessary services to its residents.
Peter Watts 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 a Special Permit as requested under Sections 8.4.2 & 5.3.2 of the Wellfleet Zoning Bylaw, based on the findings of fact made by the Board, and subject to the following conditions: (1) Only Capello Well Drilling equipment and supplies are to be stored on the property. (2) Screening with natural vegetation is to be installed on the Cove Road side of the property. (3) Lighting is to be confined
within property lines and is to be aimed downward. (4) Hours of operation normally are to be from 7:00 a.m. to 7:00 p.m., except in case of emergencies. The Board acknowledges that emergency service is part of this business." SECONDED by Peter Watts and CARRIED 5-0.
8:15. #03-23, Leroy & Susan Spaniol, 405 Old County Road, Map 23, Lot 65: Special Permit Application WZBL S.6.1.5.1(b), addition.
The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Trevor Pontbriand left the table.
Alan Dodge presented the plan, noting that this is a residential structure in the C-2 District, which has 50' & 35' setbacks. It was the consensus of members that the intent of the C-2 District was not to impede expansion of residential structures. The Board made the following findings of fact:
(1) Prior to the creation of the C-2 District, this was a conforming structure on a non-conforming lot.
(2) The proposed addition will be within the old setbacks.
(3) It was not the intent of the C-2 District to prohibit
residential growth in the district.
(4) There will be no increase in the use of the property.
(5) There are no objections from abutters.
(6) Therefore the proposed addition 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
WELLFLEET ZONING BOARD OF APPEALS MINUTES 4/24/03 3
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 Robert Hankey and CARRIED 5-0.
8:30. #03-21, Laurie Holmes & Elba Aviles, 155 Samoset Avenue, Map 28, Lot 103: Special Permit Application WZBL Ss.8.4.2 & 6.1.5/Floodplain Exemption S.6.14.3, alterations. The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William, Nicholson, David Rowell and Peter Watts.
Peter Watts MOVED "that the Board determine that this is not a repetitive petition, but materially and substantially different from a prior petition filed by John MacArthur." SECONDED by William Nicholson and CARRIED 5-0.
Attorney Duane P. Landreth asked that the Notice of Petition be read aloud. He then described the property and the structures on it, noting that the proposed addition on piers will be roughly within the footprint of the existing foundation and garage, which are to be removed. He said the expanded single story structure is in keeping with the scale of the lot and of the neighborhood. Abutters spoke from the floor in support of the project.
The Board made the following findings of fact with respect to the request for a floodplain exemption:
(1) The granting of an Exemption will not result in increased flood heights or decreased flood storage capacity.
(2) The granting of an Exemption will not result in threats to
public safety or in extraordinary public expense, nor will it
cause fraud on or victimization of the public.
(3) The granting of an Exemption will not conflict with existing
local laws.
(4) The proposed construction will comply in all respects with the
State Building Code, Section 744.0.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by David Rowell and CARRIED 5-0.
Steve Rose MOVED "that the Board of Appeals grant an Exemption from Special Flood Hazard District Regulations, based on the findings of fact made by the Board, and subject to the following conditions: (1) Conservation Commission approval must be obtained. (2) Any increase in building height from the approved Pine Knoll Plan dated 1/8/03 will necessitate a further filing with the Board of Appeals." SECONDED by Robert Hankey and CARRIED 5-0.
The Board then made the following findings of fact with respect to the special permit application:
(1) This is a non-conforming structure on a non-conforming lot with respect to the south setback requirement.
(2) There will be no increase in the use of the property.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 4/24/03 4
(3) The low profile of the proposed renovated structure is in
keeping with the neighborhood and with the goals of the
Comprehensive Plan.
(4) Scenic views from public ways and developed properties have
been considerately treated.
(5) The removal of the capped foundation will be in the interests of public safety and will eliminate an eyesore.
(6) The neighborhood supports the petition.
Peter Watts 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, based on the findings of fact made by the Board." SECONDED by Robert Hankey and CARRIED 5-0.
9:15. #03-20, Cyril & Dorothy Downs, 46 Sandpiper Hill Road, Map 22, Lot 6: Special Permit WZBL S.6.1.5.1(b)/Floodplain Exemption S.6.14.3, replacement of two dwellings with a single dwelling.
The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts.
Attorney Myer R. Singer reviewed the petition, including a description of the property and of the dwelling and cottage to be combined into a single dwelling. With reference to the Special Permit and in accordance with standards set by the Court in the Goldhirsch v. McNear case, Mr. Singer identified the non-conformities on this property as lot area, frontage, yard setbacks, and building coverage. The first two will not change, and the setbacks will be improved. Building coverage will however be increased and Mr. Singer set forth his argument as to why this would not be substantially more detrimental to the neighborhood, including meeting the one dwelling per lot requirement of the current Bylaw; a decrease in the intensity of use with a single dwelling; bringing the property up to a standard congruent with
other dwellings in the neighborhood. Mr. Singer concluded his presentation by showing that the new construction will meet the five requirements for an Exemption from floodplain regulations. An abutter and a neighbor spoke form the floor in support of the project.
The Board made the following findings of fact with reference to floodplain regulations:
(1) The granting of an Exemption will not result in increased flood heights or decreased flood storage capacity.
(2) The granting of an Exemption will not result in threats to
public safety or in extraordinary public expense, nor will it
cause fraud on or victimization of the public.
(3) The granting of an Exemption will not conflict with existing
local laws.
(4) The proposed construction will comply in all respects with the
WELLFLEET ZONING BOARD OF APPEALS MINUTES 4/24/03 5
State Building Code, Section 744.0.
Robert Hankey 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 an Exemption from Special Flood Hazard District Regulations, based on the findings of fact made by the Board, and subject to the following condition: The granting of the Exemption is subject to Conservation Commission approval." SECONDED by Robert Hankey and CARRIED 5-0.
The Board then adopted the following findings of fact with reference to the Special Permit request as set forth in Attorney Singer's brief:
(1) Two older dwellings will be replaced with one new dwelling with flood resistant construction,.
(2) With one house instead of two there will be a decrease in the
intensity of use.
(3) All yard setbacks are being increased.
(4) The westerly line setback from the top of the bank which is
which is currently 31-33 feet will be increase to 42-43 feet, thus moving the structure further away from the coastal bank.
(5) There will be no increase of congestion in the public ways,
no decrease in traffic safety, no undue concentration of population nor negative impact on water supply or drainage.
(6) The design of the replacement dwelling is consistent with and
complements the neighborhood.
MOVED by David Rowell, SECONDED by Robert Hankey and CARRIED 5-0.
David Rowell MOVED "that the Board of Appeals grant the Special Permit, based on the findings of fact made by the Board." SECONDED by William Nicholson and CARRIED 5-0.
Other Business.
- Mail was reviewed.
Meeting adjourned at 9:50 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
_______________________
Steven Rose, Chair
Approved 5/8/03
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