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Zoning Board of Appeals 02/26/04
Date:           February 26, 2004       
Time:           7:00 PM
Location:               Town Hall Meeting Room

Attendees:      Steve Rose, Chair, David Rowell, Robert Hankey, William Nicholson, Peter Watts, Sibel Asantugrul, Trevor Pontbriand, Jeffrey Stewart, Christine Bates, Committee Secretary

Regrets:                Charles Amsler

Business Meeting:

Jeffrey Stewart suggested we invite the new Building Inspector to upcoming meetings.  He also suggested a review of previous meeting minutes from other Boards for any hearings coming before the Zoning Board.  Christine Bates to investigate and provide meeting minutes.

Public Hearings:

7:30    #03-48 Edward G. 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 January 22, 2004).  The Board consisted of Steve Rose, Sibel Asantugrul, Robert Hankey, Trevor Pontbriand and Peter Watts.  David Rowell excused himself from the table.  Meeting minutes from November 5, 2003 and January 22, 2004 were read.  Al Rich, representing the owners, said stakes have been put in the ground identifying the area.  Concrete boundary markers have not been installed due to the weather.  Mr. Rich stated a discussion took place with the National Seashore.  Peter Watts and Jeffrey Stewart requested a letter be sent to the Board; Steve Rose feels it is not the Boards issue.  Our Board does not have a problem with the bulkhead.  We will leave it up to Mr. Hoch to have discussions with the National Seashore.  The following Findings of Fact were made:
        1.      The is no further intrusion into the front set back
        2.      There is minimal intrusion on side set back
        3.      Lot coverage is minimal
        4.      Addition is not impacting living space
        5.      The owners will be working with the National Seashore
                to get approval, the petitioner has been in touch with National Seashore and will continue to do so in efforts                          to protect his Certification of Suspension of Condemnation.  Mr. Hoch to send a letter to the   National Seashore                       stating the boundary markings will be in place.  

        Steve Rose Moved to accept the Findings of Fact; Seconded by Robert Hankey, Passed 5-0.  Steve Rose Moved to approve    the     Special Permit with the following conditions:

        1.      Concrete boundaries be installed on every corner as requested by the National Seashore.
        2.      Any correspondence from the National Seashore will be copied to the Wellfleet Zoning Board of Appeals.

Robert Hankey Seconded; Passed 5-0.

7:45    04-07 Irmgart Boriskin, 101 Commercial Street, Map 21, Lot      127:  Application for a Special Permit under Sections 6.1.5     and 6.14 to demolish an existing dwelling and construct a       new two-story dwelling.   The Board consisted of Steve Rose,    David Rowell, Robert Hankey, Peter Watts, and William   Nicholson. Jack Kartsch, Builder, and Irmgard Boriskin  attended the hearing.  Jack Kartsch supplied new plans as       requested by the Board.  There were some changes to the
        windows, porch, and fireplace placement with no increase in
        square footage to the plans.  It was noted that they have
        come before the Board of Health and the Conservation    Commission.  John Markis and Emanuel Markis, abutters, came     to the table to look at the site plans.  Peter Watts    expressed concern about lot coverage and requested a survey     be done of buildable lot area and coverage of lot.  The         concern is in regards to the 12 foot floodplain area. The       septic system is for four bedrooms, and the house proposes      two bedrooms.  The plumbing into the garage is for a sink.      The permit for the garage shows no insulation.  Peter Watts     expressed further concern with the structures blocking the         public’s view from Commercial Street.  Jack Kartsch stated      the house will be approximately two feet taller than the        current structure on the property.  William Nicholson felt      the public view was important as well.  Irmgard Boriskin        stated she does not feel it will hinder the views.  David       Rowell expressed concern about the lot area and lot     coverage.  Peter Watts stated there will be a new Zoning        Bylaw on March 11 which could affect the Board’s decision.
        Jack Kartsch stated he felt the decision should be based on the point of application.  Jeffrey Stewart stated he would like the new Building Inspector involved.  The Building  Inspector starts on March 15, 2004.  William Nicholson
        agreed with Jeffrey Stewart.  Peter Watts Moved to continue the hearing to March 25 to clear up the matter of the lot coverage and to review the scenic views from Commercial
        Street; Seconded by David Rowell, Passed 4-1.

        David Rowell Moved to approve Executive Session Meeting Minutes of February 12, 2004; Seconded by Peter Watts, Passed 5-0 (those approving meeting minutes were Steve Rose, William Nicholson, Peter Watts, David Rowell and Robert Hankey).  January 22, 2004 Meeting Minutes were reviewed and approved 8-0.  February 12, 2004 Meeting Minutes were reviewed and approved 8-0, with two minor changes to be made.

        David Rowell Moved to adjourn meeting; Seconded by Robert Hankey,
        Passed 8-0.  Meeting adjourned at 8:30 pm.


Respectfully submitted,

Christine A. Bates
___________________________         ______________
Steven Rose, Chair                  Date