WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF JULY 10, 2003, 7:30 P.M.,
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Charles Amsler, Sibel Asantugrul,
Robert Hankey, William Nicholson, David Rowell,
Jeffrey Stewart, Peter Watts; Birgitta Olson, Clerk.
Regrets: Trevor Pontbriand.
Meeting called to order at 7:30 p.m. by Chair Steve Rose.
7:30. #03-31A, David & Harriet Griesinger, 440 Old Wharf Road, Map 35, Lot 1: Special Permit Application, additions/renovation. The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts.
Attorney Lester J. Murphy distributed an outline of the additions and renovations by the architect and described the non-conforming property and the proposed additions and renovations. There will be no increase in habitable area. Both Board of Health and Conservation Commission approval have been given. It was established that the entire lot is in the A-3 flood hazard zone. A letter was read from abutter Alison Palmer, which primarily expressed concerns about a former, larger project. The Board made the following findings of fact with reference to special permit criteria:
(1) The lot is pre-existing, non-conforming with respect to size.
(2) The lot is entirely in the floodplain.
(3) There will be no increase in the use of the property.
(4) Approval is subject to Board of Health approval of the
existing septic system.
Robert Hankey MOVED "that the Board of Appeals adopt the findings of fact. SECONDED by William Nicholson and CARRIED 5-0.
The Board then made the following findings of fact with reference to floodplain criteria:
(1) The granting of an Exemption will not result in increased
flood heights, decreased flood storage capacity, threats to
public safety or extraordinary public expense, and will not
cause fraud on or victimization of the public, or conflict
with existing local laws. MOVED by Rowell, SECONDED by
Nicholson, and CARRIED 5-0.
(2) The work will comply in all respects with the State Building
Code, S.3107.0. MOVED by Rowell, SECONDED by Hankey, and
CARRIED 5-0.
(3) Conservation Commission approval has been given. MOVED by
Rowell, SECONDED by Rose, and CARRIED 5-0.
David Rowell MOVED "that the Board of Appeals grant an Exemption from Special Flood Hazard District Regulations." SECONDED by Steve Rose and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 7/10/03 2
David Rowell MOVED "that the Board of Appeals grant the 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 condition that the porch remain unconditioned space and have screens only, with no glass or storm panels." SECONDED by Robert Hankey and CARRIED 5-0.
8:10. #03-30, Allan & Sally Stern, Pilgrim Spring Road, Map 29, Lot 215.E, Unit #5: Special Permit Application, enclose screened porch for living space. (Continued from 6/12/03.) The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, David Rowell, Jeffrey Stewart and Peter Watts. A more detailed plan of the project was reviewed. A letter from the condominium association president supporting the proposal was read. The Board then made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) The enclosed porch will be within inches of the existing
footprint.
(3) Board of Health approval has been given.
(4) The approval of the condominium association has been given.
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 the Special Permit as requested, based on the findings of fact made by the Board." SECONDED by Robert Hankey and CARRIED 5-0.
8:20. #03-31B, Dulce & Mahlon Williams, Chequessett Neck Road, Map 14, Lot 126: Special Permit Application, replace & enlarge deck.
(Continued from 6/12/03.) The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. More detailed plans were reviewed. The Board then made the following findings of fact:
(1) The petition concerns a non-conforming dwelling with respect
to lot size and front & side setbacks.
(2) The proposed deck will not further intrude into the setback.
(3) There will be no increase in the use of the property.
(4) There are no objections from abutters.
(5) A deck on a residential structure is in keeping with district
objectives.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Robert Hankey and CARRIED 5-0.
Peter Watts MOVED "that the Board of Appeals grant the Special Permit as requested." SECONDED by Robert Hankey and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 7/10/03 3
8:30. #03-28, Michael Taute, 58 Kerouach Road, Map 13, Lot 53: Appeal of Decision of Building Inspector, grandfathering of lot. (Continued from 5/22/03.) The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Steve Rose MOVED "that the Board of Appeals go into Executive Session at 8:35 p.m. to discuss Town Counsel Elizabeth Lane's opinion in the Taute case, and that following this discussion the Board reconvene in open session." SECONDED by David Rowell. Poll: Amsler, Yes; Asantugrul, Yes; Hankey, Yes; Nicholson, Yes; Rose, Yes; Rowell, Yes; Stewart, Yes; Watts, Yes. Motion CARRIED 8-0. The Board reconvened in open session at 8:45 p.m.
David Rowell read a letter from a Kerouach Road abutter in support of Mr. Taute. A petition from the 10 residents of Kerouach Road in support of the Tautes was reviewed. Steve Rose MOVED "that the Board of Appeals continue the hearing to August 14, 2003 to allow for consideration of Town Counsel's opinion." SECONDED by David Rowell and CARRIED 5-0.
8:50. #03-27, Alfred L. Kraft, 11 West Main Street, Map 14, Lot 145: Special Permit Application, condominium conversion. (Continued from 6/26/03. The Board for this hearing consisted of Steve Rose, Chair; Charles Amsler, Robert Hankey, David Rowell and Peter Watts. The Minutes of the meeting of 6/26/03 were reviewed. Chet Lay reviewed changes in the plan, including parking, fencing, plantings, and installation of a door from the first floor unit in the house to the front foyer and stairs. Removal of the second permitted kitchen was again discussed, including means to ensure it would not be considered another bedroom. David Rowell read an
essay covering the history of the property and concluding that there is no justification for either the existing or the proposed commercial uses in Town records, that the proposal is a subdivision in everything but name, and that no proof has been made that the proposal is not detrimental to the neighborhood. See Attachment to these Minutes. There was discussion of the exclusive use areas with reference to the notion of subdivision. Attorney James Falla representing Mr. Kraft argued that the only criterion to be considered is whether the use changes would in any way violate zoning, noting that there is no change proposed in either structures or use. David Rowell maintained that zoning violations exist. Attorney Benjamin Zehnder representing prospective condominium unit buyer Karol Richardson, agreed that subdividing the
lot would lead to various potential zoning violations, but that the condominium form of ownership only benefits both existing and potential owners as well as the Town. Building Inspector Richard Asmann said he would find merit in Mr. Rowell's arguments if the property had not previously been before the Board of Appeals, but it has and the uses proposed are the same, in which case Mr. Rowell's arguments seem excessive. Chet Lay said Mr.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 7/10/03 4
Kraft is willing to remove the line designating two areas of exclusivity as long as there can be exclusive use of decks and patios. The Chair polled the Board informally as to whether they felt the Board should go ahead with the special permit application; all except Mr. Rowell were willing. Abutter Paul Goldstein had questions about parking, fencing and plantings, which were answered. Robert Hankey MOVED "that the Board of Appeals continue the hearing to August 14, 2003 to allow for further revision of the plan." SECONDED by Charlie Amsler and CARRIED 5-0.
Other Business.
- The Minutes of the meeting of 6/26/03 were approved as amended,
as MOVED by Hankey, SECONDED by Stewart, and CARRIED 7-0.
- Mail was reviewed.
9:45. #01-41, Mark & Christine Washburn, 20 3rd Avenue, Lieutenant Island, Map 40, Lot 95: Special Permit Application, volumetric expansion. Remand from Superior Court. Steven Rose MOVED "that the Board of Appeals go into Executive Session to discuss findings prepared by Town Counsel Elizabeth Lane and Building Inspector Richard Asmann in support of the Board's denial of the Special Permit." SECONDED by Robert Hankey. Poll: Amsler, Yes; Asantugrul, Yes; Hankey, Yes; Nicholson, Yes; Rose, Yes; Rowell, Yes; Stewart, Yes; Watts, Yes. Motion CARRIED 8-0. Building Inspector Richard Asmann was asked to participate.
Open session adjourned at 9:45 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
______________________
Steven Rose, Chair
Approved 8/14/03
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