WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF JUNE 26, 2003, 7:30 P.M.,
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Charles Amsler, Sibel Asantugrul,
Robert Hankey, Trevor Pontbriand, David Rowell,
Jeffrey Stewart, Peter Watts; Birgitta Olson, Clerk.
Regrets: William Nicholson.
Meeting called to order at 7:30 p.m. by Chair Steve Rose.
7:30. #03-10, Kevin North, 585 Old Wharf Road, Map 35, Lot 11:
Special Permit & Floodplain Exemption Applications, WZBL
S.6.1.1(b) & S.6.14.3: Addition/Alteration. (Postponed from 5/8/03.) The Board for this Hearing consisted of Steven Rose, Chair; Robert Hankey replacing William Nicholson, Trevor Pontbriand replacing Jeffrey Stewart, David Rowell & Peter Watts. The Chair read a letter from the attorney for the applicant asking to be allowed to withdraw the petition without prejudice. Peter Watts MOVED "that the Board of Appeals allow the petition to be withdrawn without prejudice." SECONDED by Robert Hankey and CARRIED 5-0.
7:45. #03-34, James & Mary Willis, 90 Howes Road, Map 29.Lot 270:
Special Permit Application WZBL S.5.3.1 & 8.4.2: Private stable.
The Board for this hearing consisted of Steven Rose, Chair, Charles Amsler, Robert Hankey, David Rowell and Peter Watts. Mary Willis described the existing barn, which has been inspected by both the Building Inspector and the Health Agent, and said Board of Health approval has been granted. David Rowell read a letter from the Board of Health asking about any prior filings for Willis, Smith & Tesson on Howes Road, and the response that there was no record of prior filing for any of these properties. He also read a letter in objection to the stable from abutter Charles Annett on grounds of greater intensification of use; added nitrates in the soil threatening the potable water supply for the neighborhood; and fact that the use is not pre-existing. The Board made the following findings of fact:
(1) The lot is conforming.
(2) The barn/stable meets all setbacks.
(3) A Farm Animal Permit has been granted by the Board of Health. (4) The Animal Control Officer has found the site and barn satisfactory.
(5) Keeping horses on a suitable property is in keeping with the
Master Plan for Wellfleet with respect to its rural character.
(6) There will be no detriment to the neighborhood from the stable.
David Rowell 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 a Special Permit for a stable under Section 5.3.1 of the Wellfleet Zoning Bylaw, based on the findings of fact made by the Board, and subject to the following conditions: (1) No more than two horses will be
WELLFLEET ZONING BOARD OF APPEALS MINUTES 6/26/03 2
stabled on the property. (2) Approval is based on adherence to conditions set by the Board of Health." SECONDED by Peter Watts and CARRIED 5-0.
8:00. #03-35, Bernadette & Peter MacLeod, Springbrook Road, Map 47, Lot 25: Special Permit Application S.6.21: Add second dwelling unit & convert existing unit to accessory rental unit. The Board for this hearing consisted of Steve Rose, Chair; Sibel Asantugrul, Robert Hankey, David Rowell and Peter Watts. The Chair read a letter from the petitioners asking for a continuation until they have finished their business with the Conservation Commission. Robert Hankey MOVED "that the Board of Appeals continue the hearing to 8/14/03." SECONDED by David Rowell and CARRIED 5-0.
8:15. #03-32, Mark & Karen Addesso, 12 Ione Road, Map 28, Lot 57:
Special Permit Application WZBL S. 6.1.5.1(b): Alteration. The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, Trevor Pontbriand, David Rowell and Peter Watts. Attorney Arthur Croce presented the plan, which had been slightly revised to address the concerns of the Board of Health and of abutters, as follows: the new entry has been moved back 5 feet from the neighbor's property, and vegetative screening is also planned; the second floor has been made smaller so that the roofline can be dropped; privacy fencing has been added to the top deck; the den has been opened up so that it cannot be used as a bedroom; and two lofts have been removed. Letters from abutter Frederick Tyler and from Independent Environmental Consultants, Inc. representing a group of abutters, both in opposition to the
proposal, were read. Opposition was based largely on environmental grounds, but also on grounds of impact on the neighborhood from the larger house and from congestion. Annette Boelhouwer and Ellen Huhtala spoke from the floor in opposition to the proposal. Attorney Bruce Gilmore, representing a group of abutters argued that what appears to be a 3-story house is not only inappropriate in a neighborhood of small houses, but raises serious concerns about water and sewerage issues when no public services are available. There was discussion of the following: square footage of the lot and building coverage; need for a survey of the lot showing upland; appearance of a 3-story structure; square footage of living space being added; basement vs. first floor of structure; 60% of house already intruding into setbacks; houses in neighborhood being generally too large for their small lots, and whether or not anything should be done to enlarge any of them. Jeffrey
Stewart found the narrative in the application misleading when compared with what the site inspection showed and what the plans show, which is problems with respect to volumetric increase and setback issues. David Rowell thought it a stretch not to see this structure as having three stories. Steve Rose stated that a survey of the lot is needed, as well as existing houseplans. Peter Watts said he would not give this plan any hope at all. After a
WELLFLEET ZONING BOARD OF APPEALS MINUTES 3
brief consultation between the applicant and his attorney, Mr. Croce said it seems as if the project must be re-designed, and asked the Board to allow the petitioner to withdraw without prejudice. Trevor Pontbriand MOVED "that the Board of Appeals allow the petition to be withdrawn without prejudice." SECONDED by Robert Hankey and CARRIED 5-0.
9:05. #03-33, Stephen & Lillian Greenberg, 50 Anawan Road, Map 28, Lot 57: Special Permit Application, Alteration/Addition. The Board for this hearing consisted of Steven Rose, Chair; Sibel Asantugrul, Robert Hankey, David Rowell and Peter Watts. Trevor Pontbriand left the table. Architect Joyce Cuming presented the plan. There was discussion of whether the building is non-conforming or non-compliant, with the conclusion being that, since it was built after 1966 and intruded 9 feet into the setback, it is non-compliant and therefore not eligible for a Special Permit. Building Inspector Richard Asmann noted that the proposed addition does meet setback requirements, and this proposal could be considered no more detrimental to the neighborhood than what the property owner could do by right. However the 4-foot
area on the upper deck may not be enclosed for living space. David Rowell read a letter from abutter Dolores Swann in opposition to the proposal on grounds of encroachment on her privacy with impact on her enjoyment of her home and her property value. Ms. Swann said that the petitioners have other alternatives, given the size of their lot. It was established that Conservation Commission approval has been given, but Board of Health approval is pending. The Board made the following findings of fact:
(1) The existing structure is non-compliant.
(2) The proposed addition will not intrude into any setback, and
the structure as a whole will not exceed allowed lot coverage.
(3) Because of the lot size and frontage, the applicants would be entitled to build a separate structure on the property conforming to current zoning requirements.
(4) Conservation Commission approval has been given.
(5) The proposal for an addition to a non-compliant structure
will be no more detrimental to the neighborhood than what
the property owners are entitled to by right.
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 a Special Permit 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) The existing structure may not be altered. (2) Approval is conditional upon Board of Health approval." SECONDED by Robert Hankey and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 6/26/03 4
9:25. #03-27, Alfred Kraft, 11 West Main Street, Map 14, Lot 145: Special Permit Application WZBL S.6.11, Condominium conversion.
(Continued from 5/22/03.) The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, David Rowell, Peter Watts and, with the agreement of the petitioner, Charles Amsler replacing William Nicholson. Letters from the Planning Board with suggestions for the regulation of parking, and from Town Counsel with one proposed amendment to the condominium documents were reviewed. Attorney James Falla agreed to the revision. Peter Watts suggested additional vegetative screening from the Goldstein property. David Rowell was concerned that there is no access within the structure to the second floor unit from the first floor unit. It was noted that stairs in the front hall head upstairs. After some discussion it was agreed that a door should be installed between the first floor unit and the front hall
stairway. Mr. Rowell also objected to the second kitchen which he said makes the house into a duplex. Mr. Kraft agreed to remove the kitchen. Mr. Rowell took issue with the design flow for the septic system, stating that the flow is actually 1100 gallons per day rather than the 700 gpd to which the Board of Health has limited it. Mr. Falla said the plan has been before the Board of Health and been approved, and asked if Mr. Rowell is implying that they made an error. Mr. Rowell said maybe they had. Discussion went on for some time, with Mr. Rowell maintaining that the septic system will be inadequate once the condominium units are sold. Mr. Rowell thought fencing should not be installed along the exclusive use areas, and that the majority of the parking should be for the commercial uses. He added that in his estimation this project is virtually a subdivision. Paul Goldstein asked for better parking control. Richard Polak spoke in support of the Goldstein's
desire to keep parking on the residential portion of the property to a minimum and as far away from the Goldsteins as possible. Prospective buyer Elisa Kaplan questioned commercial parking next to the residence on grounds of safety for children. Parking for Unit 1 was established at four, which is shared with public parking. Discussion continued for some time.
It was agreed that the plan should be revised to show specific parking spaces with signage, fencing, a door into the foyer and removal of the second kitchen, and revision of the master Deed.
Robert Hankey MOVED "that the Board of Appeals continue the hearing to 7/10/03." SECONDED by Steve Rose and CARRIED 5-0.
Other Business.
- The Minutes of the meeting if 6/12/03 were approved, as MOVED
by Hankey, SECONDED by Rowell, and CARRIED 7-0.
- Mail was reviewed.
- Building Inspector Rick Asmann distributed copies of the final
draft of Attorney Elizabeth Lane's findings and decision on the
Washburn denial for review and approval by the Board. The
consensus was that members need time to study this document.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 5
They will discuss it at the July 9th Business Meeting following
site inspections.
Meeting adjourned at 10:50 p.m.
Respectfully submitted,
Birgitta V. Olson _____________________
Committee Secretary Stephen Rose, Chair
Approved 7/10/03
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