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Date: February 12, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, David Rowell, Robert Hankey, William Nicholson, Peter Watts, Charles Amsler, Christine Bates, Committee Secretary
Regrets: Sibel Asantugrul, Trevor Pontbriand and Jeffrey Stewart
Meeting called to order at 7:30 pm.
7:30 #04-03 Peter McMahon and Alice McMahon, 45 Bond Road, Assessor’s Map 36, Lot 115: Special Permit Application under Wellfleet Zoning By-Laws 6.1.5(b): Expand a pre-existing nonconforming, one-family residence (add new dormer, change stairs, windows and door). The Board consisted of Steve Rose, Chair, David Rowell, Robert Hankey, Peter Watts and William Nicholson. Mr. McMahon stated the house was built in the 1970’s. The current stairs are hazardous. The dormer needs to be added to install new conventional stairway. There will be no increase to living area and no increase in bedrooms. There was a question regarding the studio and main dwelling. Mr. McMahon stated they combined the two lots and the
studio was built in 1990. The Board received no abutter’s letters. Dormers are not in setbacks. Ramp is for handicapped access and a concrete slab will be added at the base of ramp. The following Findings of Facts were made:
1. Lot is 30,000 square feet.
2. The proposed plan is a smaller intrusion into the setbacks than at present plan.
3. The projection into the setbacks is secondary egress into house.
4. No increase in use.
Steve Rose Motioned to accept the Findings of Facts, Seconded by Robert Hankey, Approved 5-0. Robert Hankey Moved to approve the request for a special permit with the following condition: Remove stove from the studio (not to be used for residence). Seconded by Peter Watts, Approved 5-0.
7:45 #04-04 Paul and Janice Long, 57 Wigwam, Assessor’s Map 35, Lot 158: Request for amendment to a previously granted Special Permit for an addition for a bedroom, bath and kitchen under Wellfleet Zoning By-Law Sections 6.1.5(b) Alterations to Non-Confirming Single or Two-Family Residential Structures. Amendment to the addition does not increase the footprint, but does increase enclosed space by 45 square feet. The Board consisted of Steve Rose, Chair, Peter Watts, Robert Hankey, William Nicholson, and David Rowell. The Long’s want to use the deck as additional space. The enclosed space will be located on the corner of the house. There was discussion regarding the lot coverage. It was noted the lot is 8,000 square
feet and Mr. Rowell feels this is within 15%. Peter Watts Moved to accept amendment to previous Special Permit; Seconded by Robert Hankey, Passed 5-0.
8:00 #04-06 Jonathan and Nancy Porteus, 115 and 215 West Main Street, Assessor’s Map 14, Lot 40 and Map 13, Lot 219. Request for a Special Permit pursuant of Wellfleet Zoning By-Law 6.21: Affordable Accessory Dwelling Units, to make one of the cottage structures an affordable housing unit. Also seeks a Variance under Wellfleet Zoning By-Law Section 5.4.2: Setback requirements – the location of the unit to be used for affordable housing does not comply with current setback requirements. The Board consisted of Steve Rose, Chair, David Rowell, Robert Hankey, Peter Watts, and William Nicholson. Eric Rasmussin and Mr. Porteus explained that the closest cottage is the unit proposed for affordable housing. They
have spoken with the Building Inspector as well as the Health Agent. The reason for the request for the variance is because setback is 21.85 feet. The lot is a unique size lot. Mr. Rowell asked for clarification of the lot(s) and the response was that all the cottages are on the 155 Main Street lot with the main dwelling at 215 Main Street. They want to reconfigure the lot to add the cottage to 215 Main Street. Mr. Hankey asked if this has always been a cottage colony. The cottages were built in the 1950’s with crawl space underneath. The Board feels the Planning Board would consider issuing an ANR as this does not fit the definition of a cottage colony based on the fact they are year round now. Steve Rose Moved to continue this case until March 11, 2004; Seconded by David Rowell, Passed 5-0.
#04-05 James and Merri Lynn Todd, Catboat Road, Assessor’s Map 41, Lot 88: Request for Special Permit under Wellfleet Zoning By-Law 6.14.3 to alter the structure of a pre-existing single family two story residential structure, and pursuant to M.G.L. Ch 40A, Section 6 to enlarge an existing residence situated on a lawfully pre-existing non-conforming lot. Petitioners propose to renovate interior first and second floor space without adding any additional bedrooms. Petitioners also seek to add a two car garage and a screened porch with a deck over the screened porch. The Board consisted of Steve Rose, Robert Hankey, William Nicholson, Peter Watts and David Rowell. Harry Terkanian attended with Mr. Todd. Mr. Terkanian stated this is a
four bedroom single family home. There is a small deck facing the bay. Proposal is to take the current garage space and turn into a laundry/passway area and add two stall garage with a bedroom over. The existing deck will be enlarged. The house dates back to the 1970’s or earlier. With the alterations, it will meet the setbacks. He stated he is concerned about the lot coverage issues and that is why he filed under both sections. Mr. Terkanian reviewed many of the By-Laws that would affect the outcome of the Board’s decision, including conformance and non-conforming lot usage. He added the profile from the street will only be slighter larger than the current structure is now. The residence will maintain four bedrooms (the family room is now opened up). The living space is above the 13 foot flood height. The new decking will be on pilings. He stated the project was approved by the Conservation
Committee. He states it is within the buffer zone and within the ACEC, with no adverse affect to the environment. David Rowell expressed concern about the lot area and that there is no lot area to expand due to floodplain. Mr. Terkanian is concerned by the verbage in the By-Laws regarding the floodplain (storms and mean high tides). He states the Board can interpret it as it chooses. Peter Watts stated the Planning Board is planning on rewriting the By-Laws. William Nicholson suggested we continue this case to get two findings (pro and con). David Rowell would like to review other similar cases. Mr. Terkanian stated the screened in porch will protect the outflow for the septic system. He also noted the garage will be on the landward side. It was agreed a letter would be written to the Town Council asking them to clarify the floodplain rulings. There needs to be an objective standard and consistency. Identify “upland” and “lot area above the 13 foot elevation based on
100 year floodplain”. Peter Watts stated he would call Don Schmidt in Boston regarding the zoning issues. Steve Rose Motioned to Continue to March 25, Seconded by Robert Hankey, Passed 5-0. It was determined the Board will draft a letter to the Town Council, copy Don Schmidt,
including copies of the By-Laws as written now regarding the Floodplain issue. Harry Terkanian stated he had a concern regarding the filing as it is written today, and asked if the Board would consider continuing this case to March 11, 2004. Steve Rose Moved to change the previous motion to continue to March 25 and continue this case to March 11, 2004. Seconded by William Nicholson, Passed 5-0.
9:30 #03-44 Robert & Jean Collins, 142 Whidah Way, Assessor’s Map 7, Lot 8: Appeal under Massachusetts General Laws, Chapter 40-A, Sections 8 & 179-8.4.1, and under Section 8.4.1 (Appeals) of the Wellfleet Zoning By-Laws as Persons Aggrieved by a Decision of the Building Inspector, and/or in the alternative, application for a Variance from Section 5.4.1 (Minimum Lot requirements/Frontage) of the Wellfleet Zoning By-Law: Petition for a waiver of the 135 foot frontage requirement (Cont’d from January 7, 2004). A verbal request to withdraw without prejudice was received. Peter Watts Moved to have the case withdrawn, Seconded by David Rowell, Passed 5-0.
Other Business: Meeting minutes of December 18, 2003 were read and accepted. William Nicholson Moved to approve meeting minutes of December 18, 2003; Seconded by Steve Rose, Passed 6-0. Meeting minutes of January 8, 2004 were read and accepted. Robert Hankey Moved to approve meeting minutes of January 8, 2004, Seconded by William Nicholson, Passed 6-0.
Steve Rose Moved to go into Executive Session at 9:40 pm,
Seconded by Robert Hankey, Passed 6-0.
Meeting resumed at 10:20. Steve Rose Moved to adjourn meeting at 10:30 pm; Seconded by David Rowell, Passed 5-0.
Respectfully submitted,
Christine A. Bates
___________________________ ______________
Steven Rose, Chair Date
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