WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF SEPTEMBER 25, 2003, 7:30 P.M.,
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Robert Hankey, William Nicholson,
Trevor Pontbriand, David Rowell, Jeffrey Stewart,
Peter Watts; Birgitta Olson, Clerk.
Regrets: Charles Amsler, Sibel Asantugrul.
Meeting called to order at 7:00 p.m. by Chair Steve Rose.
7:30. #03-41, Mary & Gifford von Kaesborg, 137 Nauhaught Bluff Road, Map 21, Lot 10: Special Permit Application, storm windows & screens for porches. The Board for this hearing consisted of Steve Rose, Chair; William Nicholson, Trevor Pontbriand, David Rowell and Peter Watts. Gifford von Kaesborg presented the proposal, noting that there are already screens on the upper porch, and that the storm windows are meant to give protection against the weather when the porches are used for storage in the winter. He said no change in the use of the property is intended. Mary von Kaesborg pointed out that there are spaces between the porch floorboards and around the edges of the windows. David Rowell read the following letters: 11/15/02 from the Building Inspector citing violations, namely the glassing in of the upper
porch and the unauthorized enclosure and glassing in of the open court area below; 9/14/03 from abutters James & Patricia Reider objecting to the proposal on the grounds of increase in use, pollution, exacerbation of traffic and parking problems; 9/23/03 letter from the petitioners in response to the Reider letter. David Rowell noted that the plan submitted as an As-Built is different from the plan approved by the Board of Appeals. There was discussion of a deck which had not been included in the Special Permit, but which the petitioners said was pre-existing, and which had had to be reconfigured to keep it within property lines. There was further discussion of the following: possible three stories; expansion on the original Special Permit with provision for 3-season use; lower area patio or porch; visual impact from water from glassed in areas; windows meaning 3-season rooms, which has implications for Board of Health; windows for upper porch but absolutely no enclosure
below; etc. Rowell and Watts noted that the entire lot is in the setback, on one-eighth of an acre of upland, and with the deck construction is over lot coverage. There being no support from the Board for this project, the Chair asked the petitioners if they would like to withdraw and reconsider their plan. The applicants asked to be allowed to withdraw the petition without prejudice. Steve Rose MOVED "that the applicants be allowed to withdraw the petition without prejudice in order to reconsider their plans and to settle potential issues with the Board of Health." SECONDED by David Rowell & CARRIED 5-0.
8:05. #03-39, Kristen Bratberg, 380 Chequessett Neck Road, Map 19, Lot 44: Special Permit Application, replace & enlarge cottage. The Board for this hearing consisted of Steven Rose, Chair; William NIcholson, David Rowell, Jeffrey Stewart and Peter Watts. Architect Jay Howowitz presented the plan to replace and somewhat enlarge an existing seasonal cottage on the property. David Rowell
read a letter from abutters Muirhead/Barry in support of the prj
WELLFLEET ZONING BOARD OF APPEALS MINUTES 9/25/03 2
project, and abutter Rutkove asking that the cottage, which is now unobtrusive, not be moved. There was discussion of moving the cottage out of the setback. Mr. Horowitz said the petitioner feels the present location of the cottage is the best, leaving him maximum use of the lot. Building Inspector Richard Asmann said the assumption that a Building Permit would be issued for repair without moving the reconstructed cottage out of the setback may be false. A poll of the Board indicated that all wanted the cottage moved out of the setback. Jay Horowitz asked to be allowed to withdraw without prejudice to discuss this with his client. David Rowell MOVED "that the Board of Appeals allow the petition to be withdrawn without prejudice." SECONDED by Peter Watts and CARRIED 5-0.
8:20. #03-40, Betty Allison, & Arthur Stedman, 14 Railroad Avenue, Map 21, Lot 72: Special Permit Application, replace dwelling. The Board for this hearing consisted of Steve Rose, Chair; William Nicholson, Trevor Pontbriand, David Rowell and Peter Watts. Arthur Stedman & builder Steve Phifer presented the plan for replacing and enlarging the dwelling. David Rowell read a letter from abutter Micks in opposition to any expansion on grounds that the structure is only 3 feet from the property line and on a lot that has no driveway or parking. Abutter Marty Frazier objected to the petitioners' use of his driveway and parking area as a turn-around. The following issues were discussed: lot area; setbacks; second building, which Rick Asmann said was permitted as a studio; proposed new driveway off Railroad Avenue;
moving the house; Board of Health issues, for example, adequacy of the septic system and two additional potential bedrooms in the basement, which have not been addressed; etc. It was the consensus of the Board that the following are needed: (1) A new site plan is showing lot area, setbacks, and the proposed driveway; (2) Floorplans for the existing house and studio, showing how they are used at present.
These drawings are to be to scale, and must be submitted one week prior to the continued hearing. (3) Board of Health approval of the proposal. Peter Watts MOVED "that the Board of Appeals continue the hearing to November 20, 2003 to allow for submission of further materials." SECONDED by Trevor Pontbriand and CARRIED 7-0.
8:45. #03-36, Charles Atkinson, 175 Commercial Street, Map 21, Lot 117: Special Permit Application, dormer. (Continued from 8/28/03.) The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, Trevor Pontbriand and Peter Watts. The revised plan showing the gable ends set in one foot as requested by the Historical Review Board was reviewed. It was established that there is no living space in the basement. Mr. Atkinson submitted a note from Health Agent Emily Beebe stating that the proposal meets the requirements of Title 5 and local Board of Health Regulations. The Board made the following findings of fact:
(1) There will be no increase in the use of the property or in the
number of bedrooms. (2)There will be a minimal volumetric increase
WELLFLEET ZONING BOARD OF APPEALS MINUTES 9/25/03 3
within the setback. (3) The plan provides better egress from the
second bedroom then the current situation. (4) Approval has been given by the Historical Review Board, (5) There are no objections from abutters. (6) Therefore, the proposed dormer will not be substantially more detrimental to the neighborhood.
Peter Watts MOVED "that the Board of Appeals adopt the findings if fact." SECONDED by Trevor Pontbriand and CARRIED 5-0.
Peter Watts 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 following condition: The basement may be conditioned space, but is to be used for utility and storage purposes only." SECONDED by Trevor Pontbriand and CARRIED 5-0.
Other Business.
- Steve Rose MOVED "that the Board go into Executive Session to
discuss litigation in the Amsler case, and reconvene in open session, with Building Inspector Richard Asmann being invited
to join the Executive Session." SECONDED by David Rowell. Poll: Hankey, Yes; Nicholson, Yes; Pontbriand, Yes; Rose, Yes; Rowell,Yes;Stewart,Yes;Watts, Yes. Motion CARRIED 7-0.
Executive Session called to order at 9:00 p.m. by Chair S. Rose.
Open session was reconvened at 9:20 p.m.
- There was discussion of the WHAT Theater project, with Building
Inspector Richard Asmann, who said theater managers are working
closely with the Cape Cod Commission on regional impact issues.
The project will need a Special Permit from the Board of Appeals plus Planning Board approval as a Development of Significant Impact. Water issues must be worked out both with the local Board of Health and the State. Traffic and parking issues must also be addressed. Mr. Asmann said that to date a stairway permit has been granted to access the second floor of the Post Office building, which is being used as the WHAT business office. Use of that area was authorized when the Post Office was built.
- The Minutes of the meeting of 9/11/03 were approved, as MOVED by
Pontbriand, SECONDED by Nicholson, and CARRIED 7-0.
- Special Permit conditions developed by Rex Peterson for affordable accessory dwelling units were adopted, as MOVED by
Watts, SECONDED by Pontbriand, and CARRIED 7-0.
- Mail was reviewed.
- The Clerk was instructed to write letters to the Building
Inspector concerning (1) violation of a Special Permit by
McNulty, Commercial Street regarding a deck on the coach house;
and (2) complaints about improper use of a residential property
on Avery Road.
Meeting adjourned at 9:40 p.m.
Respectfully submitted,
Birgitta V. Olson Steven Rose, Chair
Committee Secretary Approved 10/9/03
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