WELLFLEET ZONING BOARD OF APPEALS
MINUTES OF MEETING OF NOVEMBER 6, 2003, 7:30 P.M.
TOWN HALL HEARING ROOM
Present: Steven Rose, Chair; Charles Amsler, Sibel Asantugrul,
Robert Hankey, Trevor Pontbriand, David Rowell
Jeffrey Stewart, Peter Watts; Birgitta Olson, Clerk,
Regrets: William Nicholson.
Meeting called to order at 7:30 p.m. by Chair Steve Rose.
7:30. #03-38, Rosanna Bertrand, 456 Old County Road, Map 23, Lot 144: Special Permit Application, screened porch. (Continued from 9/11/03.) The petitioner was unable to attend and has asked for a continuation. David Rowell MOVED "that the Board of Appeals continue the hearing to December 4, 2003." SECONDED by Jeffrey Stewart and CARRIED 8-0.
Business.
- The Minutes of 10/23/03 were approved, as MOVED by Rowell,
SECONDED by Stewart, and CARRIED 8-0.
- Mail was reviewed.
- David Rowell proposed raising special permit fees for condominium conversions from $50.00 to $500.00 on the grounds that condos are purely for profit and that Town Counsel must review condominium documents. Building Inspector Richard Asmann asked why the Town requires review by Town Boards for condominiumization, given that only a change in ownership is involved. He also asked why such applications come before the Board of Appeals rather than the Planning Board.
7:45. #03-48, Edward Hoch, 75 Way #15-Gull Haven Lane, Map 9, Lot 621: Special Permit/Variance Application, foundation. The Board for this hearing consisted of Steve Rose, Chair; Sibel Asantugrul, Robert Hankey, Trevor Pontbriand and Peter Watts. David Rowell left the room. Al Rich presented a plan for replacing the foundation under the house with a full basement to house a furnace and oil tank. Steve Rose read a letter from abutter Cape Cod National Seashore citing serious concerns with lot coverage and potential trespass over government property leading to the pond, and asking that any action be deferred until these issues have been addressed. The consensus was that the Seashore's request should be honored, and that the property needs to be surveyed. The Board had questions about the right-of-way (Gull Haven
Lane); Rick Asmann said it is in the setback. Peter Watts MOVED "that the Board of Appeals continue the hearing to January 22, 2004." SECONDED by Trevor Pontbriand and CARRIED 5-0.
WELLFLEET ZONING BOARD OF APPEALS MINUTES 11/6/03 2
8:00. #03-49, Kevin Harper, 110 Atlantic Avenue, Map 36, Lot 49: Special Permit Application, additions. The Board for this hearing consisted of Steven Rose, Chair; Charles Amsler, Robert Hankey, David Rowell and Peter Watts. Kevin Harper described the proposed renovations and additions to the cottage, intended to add a modest amount of living space and get the utilities into the dwelling. He said the cottage has been used on a year round basis in the past.
There was discussion of the following: an earlier merging of Lots 49 & 50; lot coverage including the overhang, which will still be under the maximum allowed; possibility of moving the structure to improve the setback situation, which was agreed to be cost prohibitive for what would be gained. The Board then made the following findings of fact:
(1) There will be no increase in the number of bedrooms.
(2) The addition is being constructed within the area of the
existing deck.
(3) With the addition, lot coverage will still be under 15%.
(4) There are no objections from abutters, including the abutter
on Lot 48 who will be most impacted by the extension of the
setback violation.
(5) The single story addition will preserve the cottage character
of the structure in a neighborhood of cottages.
(6) Therefore the proposed additions 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 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." SECONDED by David Rowell and CARRIED 5-0.
8:25. #03-44, Robert & Jean Collins, 142 Whidah Way, Map 7, Lot 8:
Variance Application, frontage. (Continued from 10/23/03.) The Board for this hearing consisted of Steve Rose, Chair; Charlie Amsler, Sibel Asantugrul, Trevor Pontbriand and David Rowell. Attorney Benjamin Zehnder, representing Collins, said he has seen the Planning Board letter proposing a means of gaining frontage without granting of a Variance and asked for a continuation so that this can be explored. David Rowell read the letter from the Planning Board dated 11/5/03. Steve Rose MOVED "that the Board of Appeals continue the hearing to January 8, 2004." SECONDED by David Rowell and CARRIED 5-0
WELLFLEET ZONING BOARD OF APPEALS MINUTES 11/6/03 3
Other Business.
- Chair Steve Rose & Jeff Stewart met with Assistant Town
Administrator Rex Peterson about striking a sub-committee of
two ZBA & two Planning Board members for preliminary discussion of changes needed in the Wellfleet Zoning Bylaw before a plenary session of both boards for further consideration. Planning Board
Chair Dennis O'Connell was present and urged the Board of Appeals to prioritize its needs. There was brief discussion of a
dimensional Special Permit for undersized lots. Rick Asmann noted that property owners are dealing with this problem in different ways, including combining lots, and added that zoning is starting to work because the Board has held the line with these cases. Mr. Asmann said in his opinion changes concerning floodplain exemptions, Section 6.1.5 of the Bylaw, and National Seashore Regulations are more important now than the undersized lot issue. Ben Zehnder thought definitional insufficiencies need to be looked at. It was agreed that Steve Rose and Peter Watts will represent the ZBA, and that Rick Asmann should also be included in the sub-committee. Jeff Stewart and Peter Watts will come up with an agenda for discussion.
Meeting adjourned at 8:50 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
________________________
Steven Rose, Chair
Approved 11/20/03
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