WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF AUGUST 28, 2003, 7:30 P.M.,
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Robert Hankey, William Nicholson,
Trevor Pontbriand, Jeffrey Stewart; Peter Watts;
Birgitta Olson, Clerk.
Regrets: Charles Amsler, Sibel Asantugrul, David Rowell.
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, addition. The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, Peter Watts, and with the agreement of the petitioners, Jeffrey Stewart replacing David Rowell. Trevor Pontbriand left the table to present the plans. The Minutes of 6/12/03 were reviewed. It was noted that this proposal reduces lot coverage and volumetric expansion from the 1999 plan. Also, the addition as proposed does not intrude into the front setback at all and intrudes into the side setback only as much as the deck already does. All work is above the 12 foot contour. The Board made the following findings of fact:
(1) The number of bedroom remains the same and there will be no
increase in the use of the property.
(2) Lot coverage and the percentage of volumetric increase have
been reduced from the original proposal.
(3) There will be no further intrusion into the side setback than the existing deck.
(4) There are no objections from abutters.
(5) 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 Jeffrey Stewart.
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 and subject to the following conditions: (1) Board of Health approval is given. (2) Conservation Commission approval is given." SECONDED by Robert Hankey and CARRIED 5-0.
7:45. #03-35, Bernadette & Peter MacLeod, Lot 25 Springbrook Road, Map 47: Special Permit, affordable accessory dwelling unit. The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, Peter Watts, and with the agreement of the petitioner, Trevor Pontbriand replacing Sibel Asantugrul and Jeffrey Stewart replacing David Rowell. Bernadette MacLeod presented the plan, noting that the existing dwelling will be designated the accessory unit and the new structure will serve as the primary dwelling.
Both will serve as year round rental units. This being the first application under the recently adopted section of the Bylaw, the Board reviewed Section 6.21 item by item and made preliminary findings. It was the consensus of the Board that the site plan to be stamped should show the accessory unit as well as the new dwelling, and there should also be a floorplan of it.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 8/28/03 2
Steve Rose MOVED "that the Board of Appeals continue the hearing to 9/11/03 to review these additional plans." SECONDED by Peter Watts and CARRIED 5-0.
8:15, #03-36, Charles Atkinson, 175 Commercial Street, Map 21, Lot 117: Special Permit, dormer. The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, Trevor Pontbriand and Peter Watts. Charles Atkinson presented the plan, stating that they need more space on the second floor to have a bathroom and to make it unnecessary to go through one bedroom to reach another. It was noted that the whole house is in the setback.
There was discussion of the following: roof overhang; whether or not the proposal is an increase in use; whether the structure is a two- or a three-story building. Approval has been given by the Historical Review Board subject to the condition that the dormer walls are moved in. It was agreed to continue the hearing to 9/25/03 to allow for this revision in the plan. MOVED by Rose, SECONDED by Hankey, and CARRIED 5-0.
Other Business.
- Janice Allee & Ron Singer were present to ask for guidance on
converting a 4-apartment building at 61 Cassick Valley Road to
the condominium form of ownership. The Board advised that they
must be able to prove that the four apartments pre-existed
zoning. They were referred to Filing Procedures accompanying the
special permit application, and to the Wellfleet Zoning Bylaw.
- Jeffrey Stewart MOVED "that the Board postpone approval of all
Minutes from 8/14/03 until all members are present." SECONDED by Robert Hankey and CARRIED 6-0.
- Mail was reviewed.
- Robert Hankey reported that Selectman Jerry Houk had asked him
to relay to the Board Mr. Houk's concern about the increase in
outdoor display of goods, especially on Main Street, but also in
South Wellfleet. There was discussion of these two locales, as
well as sandwich boards and other signs on Town roads and the
highway. Robert Hankey MOVED "that the Board of Appeals ask
Zoning Enforcement Officer Richard Asmann to enforce the ban on
outdoor display of goods throughout the town." SECONDED by Jeffrey Stewart and CARRIED 5-1. After further discussion, Steve
Rose MOVED "that the Board rescind the vote and reconsider the
question." SECONDED by William Nicholson and CARRIED 5-1.
Steve Rose MOVED "that the Board of Appeals ask Zoning Enforcement Officer Richard Asmann to enforce the ban on outdoor
display of goods on Main Street." SECONDED by William Nicholson
and CARRIED 4-2.
Meeting adjourned at 8:50 p.m.
Respectfully submitted,
Birgitta V. Olson Steven Rose, Chair
Committee Secretary Approved 9/11/03
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