WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF SEPTEMBER 11, 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. #03-37, Roy Perkins, 170 Commercial Street, Map 21, Lot 90:
Special Permit Application, basement under existing dwelling. The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts.
The petitioner described the non-conforming lot and structure, stating that the proposed basement would remain within the existing footprint. There was discussion of moving the building a few feet back from the street if feasible, and, because of the topography of the lot, raising it 8-12 inches if feasible. The Board then made the following findings of fact:
(1) The property is pre-existing non-conforming with respect to
lot size and setbacks.
(2) There will be no further intrusion into setbacks.
(3) There will be no change in use.
(4) There are no objections from abutters.
(5) Therefore, the proposed basement will not be substantially
more detrimental to the neighborhood.
David Rowell 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 a Special Permit under Section 6.1.5.1(b) of the Wellfleet Zoning Bylaw as requested, based on the findings of fact made by the Board and
subject to the following conditions: (1) The basement is to be used for storage only, with no habitable space. (2) The building may be moved west up to 10 feet from the septic tank. (3) The building may be moved north up to 10 feet from the property line with Lot 91.
(4) The building may be raised up to 12 inches from the existing sill height. (5) Approval must be obtained from the Historical Review Board for any lateral movement or raising of the building." SECONDED by David Rowell and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 9/11/03 2
8:05. #03-38, Rosanna Bertrand, 456 Old County Road, Map 23, Lot 144: Special Permit Application, screened porch. The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. The petitioner described the screened porch proposed for the north side, noting that there is really no other place to locate it. The lot is non-conforming with respect to size, and there would be intrusion into the side setback by six feet on one corner and two feet on the other. Steve Rose read letters of support from nearest abutters Dorothy Rockwell and Nancy & Michael Flanagan. Board members were concerned about the creation of a new non-conformity. Peter Watts called for a re-design of the porch. Charlie Amsler said that if a land swap could be negotiated between Dottie
Rockwell and the petitioner, there would be no intrusion into the setback and Mrs. Rockwell would gain frontage and become conforming. It was agreed that the hearing be continued so that the petitioner could explore this option or redesign the porch. Robert Hankey MOVED "that the Board of Appeals continue the hearing to 11/6/03." SECONDED by David Rowell and CARRIED 5-0.
8:25. #03-35, Bernadette & Peter MacLeod, Lot 25 Springbrook Road, Map 47: Special Permit Application, affordable accessory dwelling unit. (Continued from 8/28/03.) The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, Trevor Pontbriand, Jeffrey Stewart and Peter Watts. The revised plan and the floorplan of the existing dwelling were reviewed. The Board then reviewed Section 6.21 of the Wellfleet Zoning Bylaw item by item and made the following findings of fact:
(1) The purpose of Section 6.21 of the Bylaw is met.
(2) The Requirements and standards of Section 6.21.3 as
appropriate, namely A, B, F, G & H are met, with
the Special Permit acting as the deed restriction.
(3) Procedures set out in Section 6.21.6, A & B have been met,
and C & D will be met as part of the process of obtaining
a Building Permit & Certificate of Occupancy.
(4) With reference to Section 8.4.2.1 of the Zoning Bylaw, the proposed location for this use is suitable, given that
nearby land uses are residential, and road, drainage and other public services are adequate.
(5) In keeping with Section 8.4.2.2 of the Bylaw, the proposal will contribute to affordable housing for year round residents.
(6) The square footage of the lot is adequate to sustain the
number of bedrooms proposed, in keeping with Title 5 regulations.
(7) The two dwelling units are under 15% lot coverage.
(8) All setback requirements are met.
(9) There are no objections from abutters.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 9/11/03 3
Robert Hankey MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Peter Watts and CARRIED 5-0.
Steve Rose MOVED "that the Board of Appeals grant the Special
Permit under Section 6.21 of the Wellfleet Zoning Bylaw as requested, based on the findings of fact made by the Board, subject to the condition that the wall between the bedroom and the dining room be moved to create a minimum 100 square foot bedroom, and subject to the five standard conditions for affordable accessory dwelling units attached as Page 4 to this Decision." SECONDED by Robert Hankey and CARRIED 5-0.
Other Business.
- The Minutes of the open session of 8/14/03 were approved, as MOVED by Hankey, SECONDED by Nicholson, and CARRIED 8-0.
- The Minutes of the Executive Session of 8/14/03 concerning the Taute case were approved, as MOVED by Watts, SECONDED by Rowell, CARRIED 8-0.
- The Minutes of the Executive Session of 8/14/03 concerning the
Washburn case were approved, as MOVED by Hankey, SECONDED by
Rowell, and CARRIED 8-0.
- The Minutes of 8/28/03 were approved as amended, as MOVED by
Rose, SECONDED by Hankey, and CARRIED 6-0.
- Mail was reviewed.
Meeting adjourned at 8:50 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
_____________________
Steven Rose, Chair
Approved 9/25/03
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