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Date: January 22, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, David Rowell, Robert Hankey, William Nicholson, Peter Watts, Charles Amsler, Sibel Asantugrul, Trevor Pontbriand, Jeffrey Stewart, Christine Bates, Committee Secretary
7:32 Donna Cansdale, 20 Village Lane, Map 47, Lot 1: Special Permit WZBL Ss.6.1.1 and 5.3.2: Petition to use a small existing building for retail sales. Continued from December 18, 2003. The Board consisted of Steve Rose, David Rowell, Peter Watts, Robert Hankey and William Nicholson. Ms. Cansdale distributed a new floor plan to the Board. The original permit, issued in 1987, was for 2,500 square feet, and only 2,158 square feet is used at the at the present time. The request is to use the remaining 200 square feet. Steve Rose Moved to approve the original Amendment, identifying the total 2,500 square foot area; Seconded by Peter Watts, Passed 5-0.
7:45 Todd E. Lebart & Hugh L. Dunbar, Jr., 1125 Cahoon Hollow Road, Assessor's Map 17, Lot 8: Special Permit Application under Sections 6.1.5.1(b) (Alterations to Non-Conforming Single or Two-Family Residential Structures) and 8.4.2 (Special Permits) of the Wellfleet Zoning Bylaw: Petition to raze and replace two cottages on the property (Continued from January 22, 2004). The Board consisted of Steve Rose, Chair, David Rowell, Robert Hankey, Peter Watts and William Nicholson. Chester Lay and Todd Lebart were in attendance. Mr. Lay stated he had received a letter from the National Seashore and had spoken to Mr. Harrison. New prints were reviewed identifying elevation plans and depicting two identical size cottages 20' x 25'. The
northeastern cottage will be within the setback lines. Mr. Lebart stated access to the cellars were from the inside and there would be no bulkheads. Mr. Nicholson asked why we are not looking at this property as a cottage colony and it was determined it is considered a cottage colony. There was discussion regarding the square footage (living area) of the plans and that the National Seashore is not taking into account the aggregate floor area. Mr. Watts asked about the usage of the cottages, were they year-round or seasonal. Mr. LeBart stated he would consider one year-round and the other seasonal. Mr. Watts stated he would like to see one house instead of two based on the style and size of the cottages. After reviewing the plans, it was determined there would be no increase in bedrooms. There would be 500 square feet on the first floor and 438 on the second of each cottage (total 938 square feet). Robert Nicholson is concerned about
the square footage of each cottage. Cottage colonies are limited to 560 square feet up to 768 square feet. Mr. Rose suggested they consider one primary year round unit and the other building a smaller, seasonal unit. The Bylaws do not restrict the size of a primary year round unit. The definition of seasonal use is from April 1 to November 30. Mr. Lay stated they would be willing to come back with new plans. Steve Rose Moved to continue to March 11, Seconded by David Rowell, Passed 5-0.
8:00 Betty Allison & Arthur Stedman, 14 Railroad Avenue, Map 21, Lot 72: Special Permit WZBL S.6.1.5(b): Replace Dwelling. The petitioner's requested a continuance to March 11, 2004. Steve Rose Moved to continue the hearing to March 11, 2004; Seconded by David Rowell, Passed 5-0.
8:15 Douglas Rimmer, #50 East Hill Road, Assessor's Map 29, Lot 460: Special Permit WZBL 6.1.5.2 (an alternation to an existing structure on a non-conforming lot may increase the nonconformity after the issuance of a special Permit). Petition to place an arbor and trellis in front of house for aesthetic purposes. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and William Nicholson. Mr. Rzewnicki, Builder, accompanied Mr. Rimmer to the meeting. A site visit was made. The Board was concerned there were no site plans (plans were brought to the Committee Secretary on Tuesday, January 20 and distributed at meeting). Mr. Rzewnicki stated he was not aware of what the definition of a structure was. The
Board responded it is anything higher than six (6) feet. The arbor and trellis are not attached to the house. The following Finding of Facts were made:
The intrusion is minimal in set back and the arbor and trellis improves the aesthetics of the property.
This is a pre-existing, nonconforming lot based on lot size.
There have been no objections from abutters.
The trellis and arbor are not living areas and do not contribute to living space.
Mr. Rowell Moved to approve a Special Permit based on the finding of facts; Seconded by Peter Watts, Passed 5-0.
Three additional copies will be made on January 23, identifying the arbor and trellis on the property, to be signed off by Steve Rose on same day.
8:30 Edward Hoch, 75 Way #15-Gull Haven Lane, Map 9, Lot 621: Application for a Variance under Massachusetts General Laws, Chapter 40-A, Section 10, or in the alternative Special Permit application under Section 6.1.5.1(b) (alterations of the Wellfleet Zoning Bylaw: petition to construct an addition on a full foundation (Continued from November 6, 2003). Mr. Rowell left the table. The Board consisted of Steve Rose, Robert Hankey, Trevor Pontbriand, Sibel Asantugul and Peter Watts. Mr. Al Rich represented Mr. Hoch. Mr. Nicholson read a letter received on December 11, 2003 from Mr. Hoch addressed to the Zoning Board of Appeals. Mr. Rich stated Mr. Hoch is concerned about the National Seashore revoking the non-condemnation.
Mr. Rose read a letter from the National Seashore, which stated there was concern about access to the park. Mr. Rowell feels the Park is not understanding the issue regarding a bulkhead. Mr. Rose Moved to continue the hearing until further discussion with the National Seashore takes place; Seconded by Peter Watts, Passed 5-0.
Other Business: The Board agreed to start meetings at 7:00 pm
starting February 26 in order to cover additional items (i.e.
approval of Meeting Minutes, discussions on subcommittee work,
etc.) The hearings will start at 7:30.
Mr. Rose Moved to adjourn the meeting at 8:50 pm, Seconded by Mr.
Rowell, Passed 8-0.
Respectfully submitted,
Christine A. Bates
___________________________ ______________
Steven Rose, Chair Date
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