WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF AUGUST 14, 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. #03-31C, Paul & Janice Long, 57 Wigwam Street, Map 35, Lot 158: Special Permit Application, Addition. A letter from the petitioners asked that the hearing be continued to 8/28/03 to allow for review of revised plans. MOVED by David Rowell, SECONDED by Robert Hankey, and CARRIED 8-0.
Business.
Reorganization & Election of Officers:
Robert Hankey MOVED "that the Board of Appeals open the floor to nominations for officers." SECONDED by David Rowell and CARRIED
8-0.
David Rowell MOVED "that the Board of Appeals elect Steve Rose as Chair." SECONDED by Peter Watts and CARRIED 8-0.
Robert Hankey MOVED "that the Board of Appeals elect David Rowell as Vice-Chair." SECONDED by Steve Rose and CARRIED 8-0.
Steve Rose MOVED "that the Board of Appeals elect Robert Hankey as Secretary." SECONDED by William Nicholson and CARRIED 8-0.
The Minutes of the Business Meeting of 7/9/03 were approved, as MOVED by Hankey, SECONDED by Watts, and CARRIED 8-0.
The Minutes of the open session of 7/10/03 were approved as amended, as MOVED by Hankey, SECONDED by Rose, and CARRIED 8-0.
7:45. #03-28, Michael Taute, 58 Kerouach Road, Map 13, Lot 53 Appeal of Decision of Building Inspector, grandfathering of lot. (Continued from 7/10/03.) The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. A request from the attorney for the appellant to be allowed to withdraw the petition without prejudice was reviewed. David Rowell MOVED "that the Board allow the petition to be with-drawn without prejudice." SECONDED by Steve Rose and CARRIED 5-0.
Business.
Jeffrey Stewart MOVED "that the Board of Appeals go into Executive Session to discuss the Minutes of the Executive Session of 7/10/03 concerning the Taute case, and reconvene in open session." SECONDED by Charlie Amsler. Poll: Amsler, Yes; Asantugrul, Yes; Hankey, Yes; Nicholson, Yes; Rowell, Yes; Rose. Yes; Stewart, Yes; Watts, Yes. Motion CARRIED 8-0. Open session adjourned at 7:50 p.m.
Open session reconvened at 8:00 p.m.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 8/14/03 2
8:00. #03-25, Bernadette & Peter MacLeod, Lot 25, Springbrook Road, Map 47: Special Permit Application, affordable, accessory dwelling unit. (Continued from 6/26/03.) A letter from the petitioners asked that the hearing be continued to 8/28/03 as they are still before the Conservation Commission. MOVED by Peter Watts, SECONDED by Robert Hankey, and CARRIED 8-0.
Business.
Peter Watts MOVED "that the Board of Appeals approve the Minutes of the Executive Session of 7/10 03 concerning the Washburn case." SECONDED by David Rowell and CARRIED 8-0.
David Rowell MOVED "that the Board of Appeals go into Executive Session to discuss continuing litigation in the Washburn case, and reconvene in open session." SECONDED by Peter Watts. Poll:
Amsler, Yes; Asantugrul, Yes; Hankey, Yes; Nicholson, Yes; Rowell, Yes; Rose. Yes; Stewart, Yes; Watts, Yes. Motion CARRIED 8-0.
Open session adjourned at 8:05 p.m.
Open session reconvened at 8:15 p.m.
8:15. #03-27, Alfred L. Kraft, 11 West Main Street, Map 14, Lot 145: Special Permit Application, condominium conversion. (Continued from 7/10/03.) The Board for this hearing consisted of Steve Rose, Chair; Charlie Amsler, Robert Hankey, David Rowell and Peter Watts.
Revised plans were reviewed; these showed the lines of exclusivity removed, and fencing and plantings changed to meet the Board's concerns. A letter was read from the Health Agent dated 7/24/03 stating that the changes proposed will not increase the sewage design flow of the structure. Chair Steve Rose reported that Board of Health Chair Leslie Rowell had called him to say that her board will review the Kraft proposal again with respect to design flow.
David Rowell said the hearing should be continued until a plan stamped by the Board of Health has been received. There was discussion of approving the plan contingent on Board of Health approval, with David Rowell maintaining that the Board does not have a stampable plan and others saying that approval could be given subject to Board of Health approval. Steve Rose noted that the Special Permit is not valid until all conditions of the granting have been met. Discussion continued for some time.
The Board then made the following findings of fact:
(1) There will be no increase in the use of the property compared
to what has existed for the previous four or five years.
(2) Parking has been developed as required by the Board of Appeals
on a previous permit and seems to have been adequate over the
years.
(3) Parking on the residential portion of the property has been
WELLFLEET ZONING BOARD OF APPEALS MINUTES 8/14/03 3
altered at the request of an abutter and a landscaped buffer
added.
(4) The condominium documents as amended explicitly define the
proposed use of the premises.
(5) The condominium documents are written with the proper management authority to ensure necessary maintenance and
repair and have been reviewed by Town Counsel.
(6) Advice has been received from the Board of Health and the
Planning Board.
Steve Rose MOVED "that the Board of Appeals adopt the findings of fact. SECONDED by Charlie Amsler and CARRIED 4-1.
Steve Rose MOVED "that the Board of Appeals grant the Special Permit as requested under Section 6.11 of the Wellfleet Zoning Bylaw, based on the findings of fact made by the Board, and subject to the following conditions: (1) The second floor kitchen is to be removed. (2) A door is to be installed between the first floor and the front foyer of Unit #1. (3) A hedge of Leyland Cypress is to be planted along the southeast line. (4) Approval is subject to Board of Health approval." SECONDED by Peter Watts.
David Rowell proposed an amendment to the motion for a stating that all parking on the plan is to be developed. There was no second and the amendment failed.
Motion CARRIED 4-1.
Other Business.
Richard Asmann commented on the court's upholding of the Board's
decision in the Zelinsky case.
The revised plans for the Greenberg project were stamped.
Meeting adjourned at 9:15 p.m.
Respectfully submitted
Birgitta V. Olso Committee Secretary
Steven Rose, Chair
Approved 9/11/03
Birgitta V. Olson Steven Rose, Chair
Committee Secretary Approved 9/11/03
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