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ZBA Minutes 12-4-03
WELLFLEET ZONING BOARD OF APPEALS

MINUTES OF MEETING OF DECEMBER 4, 2003, 7:30 P.M.
TOWN HALL HEARING ROOM

Present:  Steven Rose, Chair; Sibel Asantugrul, William Nicholson,
         Trevor Pontbriand, Jeffrey Stewart, Peter Watts;
         Birgitta Olson, Clerk.
Regrets:  Charles Amsler, Robert Hankey, David Rowell.
Meeting called to order at 7:30 p.m. by Chair Steve Rose.


Since there was no one present to speak to the hearing scheduled for 7:30 p.m. (#03-38, Rosanna M. Bertrand), the hearing was postponed to later in the evening in case the petitioner appeared.


Other Business.

A letter from Attorney Patricia Cantor acting as Town Counsel and concerning the McNulty case asks for direction from the Board as to how to proceed. Jeffrey Stewart MOVED "that the Board of Appeals postpone discussion of the McNulty case to 12/18/03 since not all board members who sat on that case are present."  SECONDED by Sibel Asantugrul and CARRIED 5-1. Building Inspector Richard Asmann joined the discussion, noting that there is some urgency to advising Town Counsel. William Nicholson MOVED "that the Board of Appeals reconsider the motion on McNulty."  SECONDED by Peter Watts and CARRIED 4-2.  Steve Rose MOVED "that the Board of Appeals go into Executive Session to discuss the McNulty case, and invite Building Inspector Richard Asmann to participate in the session." SECONDED by Peter Watts. Poll: Asantugrul, No; Nicholson, Yes; Pontbriand, Yes; Rose, Yes; Stewart, No; Watts, Yes. CARRIED 4-2.


Open Session adjourned at 7:40 p.m., to be reconvened upon conclusion of the Executive Session.


Open Session reconvened at 8:15 p.m.


8:15. #03-38, Rosanna M. Bertrand, 456 Old County Road, Map 23, Lot 144: Special Permit Application, screened porch. (Postponed from
11/6/03.) There was still no one present to speak to this case. Given the facts that no word has been received from the petitioner as to how she wishes to proceed with the option of a land swap with her abutter, and that no revised plan has been presented, and that the time for the Board to act on this petition is about to expire, Steve Rose MOVED "that the Board of Appeals allow the petition to be withdrawn without prejudice."  SECONDED by Trevor Pontbriand and CARRIED 5-0.

WELLFLEET ZONING BOARD OF APPEALS MINUTES 12/4/03            2


Other Business.

Proposed changes to the Zoning Bylaw which had been drawn up by a sub-committee of 2 ZBA and 2 Planning Board members were reviewed. Steve Rose reported that much time had been spent on suggested revisions to  definitions, for example "accessory structure" in light of the new Affordable Accessory Dwelling Unit section of the Bylaw; of "mezzanine;" and of "substantially more detrimental." There was discussion of the following: importance of controlling density in areas to be served by either a water line or a sewer, and need to do this through zoning in light of coming changes to Title 5 regulations; control of square footage for dwellings in the ACEC and National Seashore; need for a site plan review process. There was a consensus on the following priorities: (1) Control through zoning of density formerly controlled by Title 5. (2) Site Plan Review process. (3) Maximum allowable square footage for houses in the National Seashore Zone.


Meeting adjourned at 9:00 p.m.


Respectfully submitted,


Birgitta V. Olson                       
Committee Secretary



________________________
Steven Rose, Chair

Approved _________