WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF OCTOBER 23, 2003, 7:30 P.M.
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Charles Amsler, Sibel Asantugrul,
Trevor Pontbriand, David Rowell, Jeffrey Stewart,
Peter Watts; Birgitta Olson, Clerk.
Regrets: Robert Hankey, William Nicholson.
Meeting called to order at 7:30 p.m. by Chair Steve Rose.
7:30. #03-45, Leo McNeil, Lot 19 Rudy's Way, off Kendrick Avenue,
Map 20: Application for Floodplain Exemption, deck & screened porch. The Board for this hearing consisted of Steven Rose, Chair; Charles Amsler, Sibel Asantugrul, Trevor Pontbriand and David Rowell. Leo McNeil described the project, which has received approval from the Board of Health. It was noted that Conservation Commission approval is also needed. David Rowell raised the issue of increased lot coverage. There was discussion of the lot coverage issue with reference to the replacement of trailers with larger ones, replacement of sheds with larger ones, and projects such as the one before the Board. The Board then made the following findings of fact:
(1) The proposal is not an expansion of the nature of the existing
non-conformity, which is the trailer park use.
(2) Granting the exemption will not result in increased flood heights or decreased flood storage capacity; will not pose
threats to public safety; result in extraordinary public expense; cause fraud or victimization on the public; or conflict with existing local laws.
(3) The plans show compliance with the State Building Code.
Steve Rose MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Trevor Pontbriand and CARRIED 5-0.
Steve Rose MOVED "that the Board of Appeals grant an Exemption
as requested under Section 6.14 of the Wellfleet Zoning Bylaw, based on the findings of fact made by the Board, and subject to the following conditions: (1) Approval of the plans by the Conservation Commission. (2) There are to be screens only on the porch." SECONDED by David Rowell and CARRIED 5-0.
7:55. #03-46, Leslie Dickinson, 165 Nauhaught Bluff Road, Map 21, Lot 14: Special Permit Application, replace & extend screened porch. The Board for this hearing consisted of Steven Rose, Chair; Charles Amsler, Sibel Asantugrul, David Rowell and Jeffrey Stewart.
Architect Elaine LaChapelle gave a brief history of the property and described the proposed rebuilding and extension by 2 feet of the front wall of the porch, with a slight raising of the roof. David Rowell said that there are a lot of issues in this neighborhood, for example, small lots and parking problems, so that any expansion presents problems. A letter was read from abutter James Reider expressing concerns about allowing any expansion of use. The Board made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) There will be minimal further intrusion into the setback.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 10/23/03 2
(3) There will be a minimal increase in lot coverage.
(4) Therefore the proposed rebuilding and expansion of the
screened porch will not be substantially more detrimental
to the neighborhood.
Steve Rose MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by Jeff Stewart and CARRIED 4-1.
Jeff Stewart 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 condition: The porch is to have screens only." SECONDED by Charlie Amsler and CARRIED 4-1.
8:10. #03-47, George Bassett, 140 Gull Pond Road, Map 8, Lot 31:
Special Permit Application, two-story & one-story additions, porch entry, screened porch, stairway & bridge to second floor deck.
The Board for this hearing consisted of Steven Rose, Chair; Sibel Asantugrul, Trevor Pontbriand, David Rowell and Jeffrey Stewart.
The Board reviewed the plans, noting that the total increase would be 55-60 square feet, with the major non-conformity on the rear lot line. The Board made the following findings of fact:
(1) There will be no increase in the use of the property.
(2) There will be a minor volumetric increase within the rear
setback.
(3) Lot coverage will still be under 15%.
(4) There is adequate buffering between the subject property and
the nearest abutter due to the placement of the existing
structures on the two properties.
(5) Egress from a second floor bedroom will be improved.
(6) There are no objections from abutters.
(7) Therefore, the proposed additions will not be substantially more detrimental to the neighborhood.
Steve Rose MOVED "that the Board of Appeals adopt the findings of fact." SECONDED by David Rowell and CARRIED 5-0.
David Rowell 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) there are to be screens only on the first floor porch." SECONDED by Jeff Stewart and CARRIED 5-0.
8:25. #03-44, Robert & Jean Collins, 142 Whidah Way, Map 7, Lot 8:
Appeal of Decision of Building Inspector/Variance Application, frontage. (Postponed from 10/9/03.) The Board for this hearing consisted of Steve Rose, Chair; Charlie Amsler, Sibel Asantugrul, Trevor Pontbriand and David Rowell. Attorney Benjamin E. Zehnder said it has been agreed that the determination of the Building Inspector regarding this lot is correct. He asked to withdraw the Appeal portion of the petition and to go forward with the application for a Variance. So MOVED by David Rowell, SECONDED by WELLFLEET ZONING BOARD OF APPEALS MINUTES 10/23/03 3
Charlie Amsler, and CARRIED 5-0. Mr. Zehnder described the lot as pie-shaped and lacking 9 feet of the required frontage. Because it was in common ownership at the time of the Zoning Bylaw change requiring 135 feet of frontage, it is not grandfathered. Other lots in the subdivision had square footage added to their lots to achieve the required frontage, but now there is no land left to afford relief for this lot. Mr. Zehnder argued that the Variance can be granted without detriment to the neighborhood, and without derogation from the intent of the Bylaw, noting that the square
footage of the lot is in excess of the minimum requirement; that all setback requirements are met; that the density of the subdivision will not be affected; and that Title 5 requirements are met. The Chair read a letter from abutters Limpitlaw in support of the petition. There was discussion of the following: making the arc bigger to achieve the frontage by re-dividing the subdivision, which would require the agreement of all other owners in the subdivision; the lot being oversized; the 9 feet lacking as de minimis; whether granting a Variance would affect only the immediate neighborhood or would have implications for other residential areas of the town. Building Inspector Richard Asmann noted that the courts have traditionally regarded frontage requirements as much more important than lot size with respect to
buildability. He suggested that the hearing be continued so that findings to support a granting can be prepared with some care.
Attorney Zehnder asked that in this case the hearing be closed to public comment. Chair Steve Rose said he could not agree with this.
Trevor Pontbriand MOVED "that the hearing be continued to November 6, 2003 to allow for development of findings of fact to support the granting of a Variance." SECONDED by David Rowell & CARRIED 5-0.
Other Business.
- There was discussion of Lezli Rowell's request for draft Minutes
to be sent to the Board of Health. Most members were reluctant
to begin such a practice. It was agreed that a written request
should be solicited, and that the Chair will seek advice from
the Administration and possibly from legal counsel.
- The Chair announced that another proposal will be put forward
in the Amsler case.
- Mail was reviewed.
- The Minutes of the meeting of 10/9/03 were approved, as MOVED
by Stewart, SECONDED by Rose, and CARRIED 7-0.
- The Minutes of the Executive Session of 10/9/03 were approved,
as MOVED by Stewart, SECONDED by Rowell, and CARRIED 5-0.
Respectfully submitted,
_____________________
Birgitta V. Olson Steven Rose, Chair
Committee Secretary Approved 11/6/03
| 
