WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF MAY 8, 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. #01-41, Mark & Christine Washburn, 20 Third Avenue, Lieutenant Island, Map 40, Lot 95: Special Permit Application WZBL S.6.1.5.1.(b), volumetric expansion within footprint, including second floor & mezzanine. Case remanded back to ZBA by Superior Court. (Continued from 4/10/0/3.) The Board for this hearing consisted of Steve Rose, Chair; Charles Amsler, Sibel Asantugrul, David Rowell and Peter Watts. Trevor Pontbriand left the table.
Attorney James Veara, speaking for the applicants, reviewed his position on where the case stands now. He said he is not influenced by the arguments in Attorney Elizabeth Lane's letter of 2/28/03, and believes the Board is constrained to follow the judgment of the court. Steve Rose reported on several talks he had with Town Counsel, who stated that this hearing can be seen as starting over, and that findings to support any decision made by the Board can be strengthened. Attorney Veara argued that the facts of the case have not changed, and that the Board is instructed to make a decision consistent with the court's findings. Sibel Asantugrul countered that this is a full hearing and that if the Board thinks the expansion would be more detrimental to the neighborhood, it can make specific findings to
support that opinion. The Board then made twenty findings of fact. (See DECISION OF THE WELLFLEET ZONING BOARD OF APPEALS, CASE #01-41, MARK & CHRISTINE WASHBURN...)
It was agreed that, although the Board had seemed to give the impression in the 2001-02 hearing that the Washburn proposal as revised was somewhere near acceptable, its decision tonight should be made based on the findings of fact made tonight. Jeffrey
Stewart noted that, if the vote tonight goes against the proposal, the applicant has the option of coming back with a plan that is significantly different and meets the findings made tonight.
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, based on the findings of fact made by the Board." SECONDED by Charles Amsler. VOTE: 2 for the motion, 3 against. Motion FAILS.
David Rowell MOVED "that the Board of Appeals deny the Special Permit, based on the findings of fact made by the Board." SECONDED by Sibel Asantugrul. VOTE: 3 for the motion, 2 against. Motion CARRIED.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 5/8/03 2
8:30. #03-10, Kevin A. North for property owned by Charles E. North, 585 Old Wharf Road, Map 35, Lot 11: Special Permit Application WZBL S. 6.1.5.1(b)/ Floodplain Exemption Application S.6.14.3, addition and alteration of non-conforming dwelling.
(Continued from 4/10/03.) The Board for this hearing consisted of Steve Rose, Chair; William Nicholson, David Rowell, Jeffrey Stewart and Peter Watts.
Attorney Benjamin Zehnder reviewed the history of the application, noting that the revised plans submitted address the issues raised by the Board at the last session of the hearing. He listed the following changes: foundation height reduced by 2 feet for view
considerations and to do away with any question of having 3 stories; the garage is smaller; reduction of the overhang by 1.3 feet; deck to replace the proposed screened porch. The non-conformity is in lot size and intrusion into the south rear setback, with east sideline setback intrusion eliminated. There was discussion of whether this is an alteration or a replacement of the existing structure. Some members felt that the driveway and its retaining wall should be shown on the plan. Mr. Zehnder argued that the driveway does not require a Building Permit. He went on to note that the use of this property will not change, with the same number of bedrooms. With reference to detriment to the neighborhood, he said there is no objection from the neighborhood, with the exception of the Burroughs
property, which itself blocks much of the water view from Beach Road. Jeff Stewart noted the complexity of this case, and objected to having received the revised drawings only 24 hours before the hearing, after the Board had scheduled site inspections and with an insufficient number of copies for all members. He feels that, given these circumstances, the Board should start all over again with this filing. Building Inspector Richard Asmann said the driveway is within the purview of the Board, which has the right to require a full engineered plan. He also said the view from the water of the proposed dwelling should be a consideration. Mr. Asmann stated that the Board should have any new plan well ahead of the meeting, and that he should have that information as well. Attorney Bruce Gilmore, representing abutter Burroughs also objected to receiving new plans so late. He said the proposal is new construction or replacement and not simply adding
a wing to the building. He noted that the coastal bank has not been delineated on the plan. Engineer Reggie Donaghue, representing Burroughs, spoke to this and to other topographical issues with reference to the site work necessary in an ACEC (Area of Critical Environmental Concern).
Peter Watts MOVED "that the Board of Appeals continue the hearing to June 26, 2003, with any new plans to be submitted two weeks prior to that date." SECONDED by David Rowell and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 5/8/03 3
9:30. #03-12, Douglas S. & Judith T. Sparrow, 90 Pond Avenue, Map 29, Lot 385: Special Permit Application WZBL S.6.1.5.1(b), partial second story addition. The Board for this hearing consisted of David Rowell, Chair; Charles Amsler, Sibel Asantugrul, William Nicholson and Peter Watts. Steve Rose left the meeting.
The Board found that this is not a repetitive petition, since there are specific and material differences between this plan and the prior plan. MOVED by Peter Watts, SECONDED by William Nicholson, and CARRIED 5-0.
After hearing the presentation of the petitioners, including a description of the proposed partial second story addition which remains within the footprint; the Board agreed that the new plan reflects the consensus of the 7/25/02 meeting, and made the following findings of fact:
(1) The lot area as defined by Section 2.1 DEFINITIONS of the
Wellfleet Zoning Bylaw and the survey plan presented is
7300 square feet.
(2) The current building coverage is 1001 square feet, or 13.71%.
(3) The proposed increase in lot coverage in the new plan is negligible.
(4) There will be no increase in the use of the property.
(5) The structure is pre-existing, non-conforming with respect
to setbacks.
(6) The suitability of having the existing structure on such a small lot was addressed and not endorsed by the Planning
Board in an attempt to divide the property on 11/19/84.
(7) The existing liveable floor area is 1052 square feet.
(3) The proposed addition remains within the footprint.
(8) The new plan reflects the consensus of the Board at the
meeting of 7/25/02 as to what it regarded as appropriate
with respect to expansion.
(9) The proposed addition is not in the floodplain.
(10) There are no objections from abutters.
(11) Therefore, the proposed second story 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 Charles Amsler 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, based on the findings of fact made by the Board." SECONDED by William Nicholson and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 5/8/03 4
Other Business.
- The Zelinsky appeal against the decision of the Board will be
heard in court on 5/14/03.
- Laura Brown has requested an extension on her Special Permit
for renovations at 137 Chequessett Neck Road. David Rowell
MOVED "that the Board of Appeals grant a one-year Extension."
SECONDED by Peter Watts and CARRIED 7-0.
- The Minutes of the meeting of 4/9/03 were approved, as MOVED
by Nicholson, SECONDED by Rowell, and CARRIED 7-0.
- The Minutes of the meeting of 4/10/03 were approved, as MOVED
by Watts, SECONDED by Rowell, and CARRIED 7-0.
- The Minutes of the meeting of 4/17/03 were approved, as MOVED
by Rowell, SECONDED by Nicholson, and CARRIED 7-0.
- The Minutes of the meeting of 4/24/03 were approved, as MOVED by Watts, SECONDED by Rowell, and CARRIED 7-0.
- Mail was reviewed.
Meeting adjourned at 10:00 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
________________________
Steven Rose, Chair
________________________
David Rowell, Vice-Chair
Approved 5/22/03.
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