WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF FEBRUARY 27, 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.
Regrets: Charles Amsler
Meeting called to order at 7:30 p.m. by Chair Steven Rose.
7:30: Woody Shimko & Robert Valois, 55 Samoset Avenue, Map 29,
Lot 186: Special Permit Application, convert gable dormer to shed dormer; shed door. The Board for this hearing consisted of Steven Rose, Chair; Sibel Asantugrul, William Nicholson, Trevor Pontbriand and Peter Watts. The Board had made a site inspection. Robert Valois described the proposed renovations to the non-conforming dwelling and shed, noting that there will be no increase in the number of bedrooms or in living space. The Board made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) There will be no further intrusion into the setbacks.
(3) There are no objections from abutters.
(4) Therefore, the proposed renovations will not be substantially
more detrimental to the neighborhood.
Peter Watts MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Trevor Pontbriand and CARRIED 5-0.
Peter Wats MOVED "that the Board of Appeals grant a Special Permit as requested under Section 6.1.5.1 (b) of the Wellfleet Zoning Bylaw." SECONDED by Trevor Pontbriand and CARRIED 5-0.
7:45: Albert Davis, 2766 State Highway-Rte.6, Map 15, Lot 146:
Special Permit/Variance Application, partial second story. The Board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Mr. Davis described the proposed second story addition, noting that there will be no expansion of the footprint. A letter was read in support of the petition from Seaman's Bank, an abutter. A memo from the Health Agent documented capacity of the septic system
for four bedrooms. Building Inspector Rick Asmann said that, since this is not a residential structure, the Board will have to make a Finding under Section 6 of Mass.General Laws and under Section 6.1.1 of the Wellfleet Zoning Bylaw determining that the addition would not increase the non-conformity of the structure, or that it would not be substantially more detrimental to the neighborhood.
The consensus of the Board was that they need a plan showing all four elevations, and a floorplan of the proposed addition. David Rowell MOVED "that the Board of Appeals continue the hearing to 3/13/03 to allow for submission of additional plans." SECONDED by Peter Watts and CARRIED 8-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES OF 2/26/03 2
8:10: George & Bernadette Meyer, 269 Pilgrim Road, Map 24, Lot 146: Special Permit Application,move and replace dwelling. The board for this hearing consisted of Steven Rose, Chair; Robert Hankey, William Nicholson, David Rowell and Peter Watts. Attorney Peter Farber described the property, noting that both Board of Health and Conservation Commission approval have been given. He submitted a letter from James Shrock, P.E. stating that only a 27 by 15-foot section of the floor deck and the sheathed framing of two exterior walls are salvageable for re-use. The house is non-conforming with respect to lot size and the front setback. The existing house is 665 square feet and has three bedrooms. The proposal is for a slightly larger footprint of 720 square feet, still with only three
bedrooms. The proposed site moves the house out of the 100-foot Wetlands Protection Act buffer zone and increases the distance from the front setback. A 2/27/03 memo was read from Harrison Gruman of the Cape Cod National Seashore objecting to any additional lot coverage. A 12/22/00 letter to Charles Amsler from Seashore Superintendent Maria Burkes was reviewed; it stated that full demolition would endanger the property's certificate of suspension from condemnation. A 10/10/01 letter from Ms. Burkes to the Board of Health was also reviewed; it objected to only a 2-foot setback from Seashore property for the leaching trench. Attorney Farber said his understanding had been that the Seashore has no objection to the current project. He asked for a continuance to allow him to consult with the Seashore. Robert Hankey MOVED "that the Board of Appeals continue the hearing to 3/27/03." SECONDED by Steven Rose and CARRIED
5-0.
8:30: Kevin North, 585 Old Wharf Road, Map 35, Lot 11: Special Permit & Floodplain Exemption Applications, addition/alteration.
The Board for this hearing consisted of Steven Rose, Chair; William Nicholson, David Rowell, Jeffrey Stewart and Peter Watts. Attorney Benjamin Zehnder described the 34 by 22 foot 3-bedroom house as non-conforming with respect to lot size and rear setback, and presented a plan for a 30 by 22 foot addition with garage underneath and new access from Old Wharf Road, explaining that the elder Mr. North is no longer able to use the boardwalk access downhill from Beach Street. Mr. Zehnder also noted that the house needs a new septic system and access from Beach Street would mean cutting down all the trees on the property. The following were discussed: doubling of living space on a small lot; question of it becoming a 3-story structure; possible height issue; possible need for a total teardown; impact from north
side of Blackfish Creek; fact that Old Wharf Road is under water at very high tides; location of property in ACEC; cutting into coastal bank for driveway. Peter Watts felt the Board should meet with the Conservation Commission about this proposal. Mr. Zehnder said he would favors joint meetings on such projects, but not all do. He asked the Board to consider zoning issues tonight. Attorney Bruce Gilmore representing abutter Burroughs cited the following factors WELLFLEET ZONING BOARD OF APPEALS MINUTES OF 2/26/03 3
as militating against approval of the project: loss of 50% of his
client's view; 100% increase in volume with appearance of three stories from Blackfish Creek; variances needed for septic system; doubtful approval by Conservation Commission of driveway on a coastal bank in an A-3 Zone within the ACEC. He called on Reggie Donaghue, P.E. to describe deficiencies in the plan presented.
A letter in support of the project was read from abutter Boratko.
Mr. Zehnder said again that zoning concerns should be addressed, and that issues in the jurisdiction of the Conservation Commission should not be pre-judged. It was agreed to continue the hearing to allow for further consideration of volumetric increase, elevation from top of foundation, 3-story issue, further encroachment into the setback, and potential for further bedrooms on bottom floor. Steve Rose MOVED "that the Board of Appeals continue the hearing to April 4, 2003." SECONDED by David Rowell and CARRIED 5-0.
9:35: MacGregor & Alexander Hay, 265 Commercial Street, Map 21,
Lot 113: Appeal of Decision of Building Inspector/Special Permit Application, re-establish use of 3 picnic tables. The Board for this hearing consisted of Steven Rose, Chair; Sibel Asantugrul, William Nicholson, David Rowell and Peter Watts. The Chair said he would like to begin the discussion of this case differently. He asked David Rowell to read a draft letter to the Board of Selectmen proposing a solution to the problem of the picnic tables based on research he has done. Mr. Rowell's letter suggested, in sum, that the three picnic tables gifted to the Town by Mr. Larsen, not to exceed six seats each, be sited permanently on Town property a minimum of 10 feet from Mr. Hay's property line. The Board of Appeals would make a finding of fact supportive of this arrangement, thus allaying Mr.
Hay's fear that the tables could be removed by whim of politics. Attorney Duane Landreth then made his presentation on behalf of Mr. Hay, reiterating that the three tables do not represent an increase in use of the property.
He claimed that dedicated accommodation seating, whether in the form of picnic tables or of 18 indoor seats, has clearly always been there to support the business. He argued that even if Mr. Larsen abandoned the use for his own property, the Board has the power to re-establish them as a non-conforming use. Building Inspector Richard Asmann said he agrees that the question is one of re-establishing a non-conforming use. However, he cautioned that the State Building Code rules that if there is no seating on the property, no public bathrooms are required, and this would include picnic tables outside. There was discussion of the following: whether it is a matter of two separate businesses and permits, or one business; reasons for transfer of picnic tables from the Larsen property to Town property;
possibility of rescinding the deed of gift and having the tables back on the Hay property; consequent problems with DEP over bathrooms; permanently establishing the picnic tables on Town property as a solution.
WELLFLEET ZONING BOARD OF APPEALS MINUTES OF 2/26/03 4
Both Mr. Hay and Mr. Landreth argued that this is not a complicated issue, and that both Mr. Hay and the Town could and would benefit from their presence. Fred Vanderschmidt, Ashley Fawkes-Sylver, Jon Porteus and Richard Barthke argued from the floor that the tables are an amenity for the Town and would have no negative impact on the area, and urged the Board to allow the tables as part of the effort to keep a viable Town center. Mr. Hay said he believes that he has a right to those 3 tables and is asking the Board to restore to him what Mr. Larsen gave away. The Selectmen can then do what they want about tables on Town property. Steve Rose said it has been established that the tables once existed on the Larsen property, and that they had been given up. According to the Building Inspector,
re-establishing them on the Hay property would trigger new problems with regard to public restrooms. He asked Mr. Hay to consider the solution proposed by Mr. Rowell, namely the proposal to the Selectmen for permanent establishment of the tables on Town property. It was agreed to continue the hearing so that this proposal could be made to Selectmen. David Rowell will draft a letter. Robert Hankey MOVED "that the Board of Appeals continue the hearing to April 10, 2003." SECONDED by Peter Watts and CARRIED 5-0.
Other Business
- The Minutes of the meeting of 2/13/03 were approved, as MOVED
by Hankey, SECONDED by Rose, and CARRIED 7-0.
- Mail was reviewed.
Meeting adjourned at 10:45 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
________________________
Steven Rose, Chair
Approved 3/27/03
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