WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF OCTOBER 9, 2003, 7:30 P.M.
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; 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. #03-42, Leroy & Susan Spaniol, 405 Old County Road, Map 23, Lot 65: Petition to amend Special Permit to include master bedroom, bath and deck. The Board for this hearing consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Trevor Pontbriand left the table. The Board had made a site inspection. Architect Alan Dodge presented the plan, noting that three new intrusions into front, back and side setbacks are proposed. The Board made the following findings of fact:
(1) Prior to the creation of the C-2 District, this was a conforming structure on a non-conforming lot.
(2) The proposed addition will be within the old residential
setbacks.
(3) It was not the intent of the C-2 District to prohibit
residential growth in the district.
(4) Lot coverage will be only 6.5%
(5) There are no objections from abutters.
(6) Therefore the proposed addition will not be substantially
more detrimental to the neighborhood.
David Rowell MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Peter Watts.
David Rowell MOVED "that the Board of Appeals amend the Special Permit as requested, based on the findings of fact made by the Board, and subject to the condition that the attic level be used for storage only." SECONDED by Peter Watts and CARRIED 5-0.
7:45. #03-43, Donald Horton, 724 State Highway-Rte.6, Map 42, Lot 43: (1) Petition to amend Special Permit to revise business activity boundary; (2) Special Permit Application, Service Trades/ Business. The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. The Board had made a site inspection. Attorney Myer Singer reviewed the proposals and the plans with the Board, noting that the property is subject to a prior special permit granting with two amendments, and that the 14 conditions previously imposed on the granting will remain in effect. Mr. Singer said building coverage is now 1.4%, and would increase to 3% with the new 125' by 48' by 22' building, which is 27.6' high with the venting cupola, and which is to be used for offices and storage space
for the business. The following issues were discussed: removing the berm on the easterly boundary once the storage units are moved; meeting requirements for fuel storage; number of vehicles allowed to be stored on the premises, including unregistered vehicles to be used for parts. Mr.Horton said that at some future date he may
WELLFLEET ZONING BOARD OF APPEALS MINUTES 10/9/03 2
Consider developing affordable housing on the second floor of the new building. Abutter Donald Thimas spoke of the impact of this growing commercial project on residential properties in the area, especially with respect to noise pollution at an early hour, increase in traffic, and public safety, all disruptive of the lives of those residing in a C-2 district. He suggested increased buffering with more trees. The Board made the following findings of fact:
(1) The proposal meets district objectives.
(2) All activity on the property will be conducted within setbacks.
(3) The petitioner has met conditions set on the Special Permit
granted 2/24/2000.
(4) The business activity area may legitimately be expanded to
82,000 square feet.
(5) With reference to abutter comments as recorded in the Minutes
of 2/28/02, there have been no complaints from abutters since
then, indicating that the petitioner has met conditions set on the original Special Permit.
Steve Rose MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by William Nicholson and CARRIED 5-0.
Steve Rose MOVED "that the Board of Appeals, acting under Section 5.3.2 of the Wellfleet Zoning Bylaw, (1) amend the Special Permit as requested with reference to the business activity boundary, and (2) grant a Special Permit for construction and use of a Service Trades/Business building as requested, based on the findings of fact made by the Board, and subject to the following conditions: (1) The berm on the easterly side of the property is to be removed. (2) The side of the building to be constructed which faces the easterly property line is to be brown. (3) The height of the building with cupola is not to exceed the 28 foot height limitation." SECONDED by William Nicholson.
Other Business.
- Mail was reviewed.
- The Minutes of the meeting of 9/25/03 were approved, as MOVED by Pontbriand, SECONDED by Nicholson, and CARRIED 7-0.
- David Rowell MOVED "that the Board of Appeals go into Executive Session to review the Minutes of the Executive Session of 9/25/03 concerning the Amsler case." SECONDED by Jeff Stewart. Poll: Hankey, Yes; Nicholson, Yes; Pontbriand, Yes; Rose, Yes; Rowell,Yes; Stewart, Yes; Watts, Yes. Motion CARRIED 7-0.
Open Session adjourned at 8:55 p.m.
Respectfully submitted,
Birgitta V. Olson ______________________
Committee Secretary Steven Rose, Chair
Approved 10/23/03
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