Date: March 25, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, David Rowell, William Nicholson, Peter Watts, Jeffrey Stewart, Charles Amsler, Christine Bates, Committee Secretary
Regrets: Robert Hankey, Trevor Pontbriand, Sibel Asantugrul
Public Hearings:
7:30 #04-07: Irmgard 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. (Continued from 2/26, 2004). The board consisted of Steve Rose, David Rowell, Peter Watts, Charles Amsler, and Jeffrey Stewart. Jeffrey Stewart read the meeting minutes of February 26, 2004. William Nicholson arrived at meeting during the reading of the minutes. Jeffrey Stewart Moved to replace himself with William Nicholson as Mr. Nicholson was on the February 26 hearing; Seconded by Steve Rose; Passed 6-0. Mr. Rose informed Ms. Boriskin that the proposed changes to the floodplain bylaws will not be changed due to the Planning
Board’s decision to table the changes. David Rowell stated we are dealing with two issues: the floodplain exemption and the Special Permit. This lot is nonconforming due to the nonconformance of the lot frontage (specifically, 97.84 feet wide). There was a discussion if Ms. Boriskin needed to get a Special Permit. Ms. Boriskin stated the previous Building Inspector, Rick Asmann, verbally told her she was to come before the Zoning Board of Appeals after going to the Conservation Commission. The Board asked the new Building Inspector, Paul Murphy, for his opinion and he stated once a lot is nonconforming, it remains as such.
Peter Watts asked if the current building pre-exists the zoning bylaws. David Rowell responded that it does. He stated the building was moved from the front of the lot to the current location back in the late 70’s or early 80’s. Steve Rose stated he felt the Board should go through the process of issuing a Special Permit, and to request Town Council for their guidance for similar hearings in the future. Charlie Amsler asked if the former owner still had a license to open as a business. David Rowell stated he believed it was still current. Peter Watts asked for clarification on the shed. He was referring to the Conservation Commission meeting minutes and the shed is not showing on the plans supplied to the ZBA. It was determined at this
point in the hearing that the Board did not have current plans showing the shed (August 2003). Ms. Boriskin stated the shed is to be moved. Jeffrey Stewart asked if Ms. Boriskin had a survey done on the property as requested at the February 26 meeting. She stated she spoke to David LaJoie (Engineer), and a survey was not done; however, he stated the lot coverage would be 1.35 acres which is the upland (excluding the floodplain area). She stated according to engineers, the extreme high water level is 8 feet, and low is at -5 feet. The area to be built on is approximately at 12 feet mean high and consists of 14,000 square feet above the floodplain. David Rowell stated he estimates it to be at 13,500 square feet. Peter Watts asked for the square footage of the garage and house. The garage is 864 sq. feet and the house is 1,700 square feet. The lot coverage would be 18.3%. David Rowell read 6.14.2 of the bylaws. Charlie Amsler stated he would
be concerned about the view if the house were located closer to the road frontage. Steve Rose asked for any further concerns or questions, and asked the board to start with the findings. David Rowell stated, to his knowledge, there is still a license for a 70 seat restaurant. Steve states this would be an opportunity to reduce the use of the property. The septic is for a four bedroom house, and this will be a two bedroom house. There was a discussion regarding the room over the garage. At the present time, there are no plans on having bedrooms there. David Rowell stated that since the garage has already been approved by the ZBA, it should not have any influence on the Special Permit. Steve Rose stated it should be looked at as it affects the entire property. If there is any future plans for adding to the garage, Ms. Boriskin would have to come before the Board again.
Steve Rose Moved for findings of fact for Floodplain Exemption; Seconded by David Rowell, Passed 5-0.
1. A determination that the granting of an exemption will not result in increased heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws.
2. Compliance in all the building codes will be met upon the inspection of the Building Inspector.
3. Approval of the Wellfleet Conservation Commission in accordance with MGL Chapter 131, S. 40, the Wetlands Protection Act, and with the Town of Wellfleet’s Environmental Protection Bylaw.
David Rowell Moved to adopt the findings of fact for the Flood Exemption; Seconded by Charlie Amsler; Passed 5-0. David Rowell Moved to grant the Floodplain Exemption based on the findings of fact; Charles Amsler Seconded; Passed 5-0.
Steve Rose stated we do not have up-to-date plans of the house; however, the Board elected to discuss the merits of the hearing and consider the case for the Special Permit. Ms. Boriskin to supply a minimum of three (3) copies of everything.
Steve Rose Moved for findings of facts for a Special Permit; Seconded by David Rowell; Passed 5-0.
1. This is a nonconforming lot due to frontage.
2. This is nonconforming due to 18.3% lot coverage (3.3% over based on LaJoie’s estimate of 14,000 sq. ft above floodplain).
3. The proposal all within the current setbacks.
4. Reduction in use from commercial usage to residential.
5. Major reduction in intensity of use from a 70 person restaurant to a two bedroom home.
6. Not substantially more detrimental to the neighborhood.
Charlie Amsler Moved to adopt the findings of fact; Seconded by David Rowell, Passed 4-1.
David Rowell Moved to grant a Special Permit based on the Findings of Fact; Seconded by Charlie Amsler; Passed 4-1. It was reiterated that if any work were to be done on the garage, Ms. Boriskin would have to come before the Zoning Board of Appeals again.
Steve Rose suggested the Board address and determine what the mean high water mark is versus 100 year floodplain. The issue is very arbitrary. Discussion to be scheduled upon some research.
Rex Peterson requested a representative from the ZBA participate in the local Comprehensive Committee. The Board nominated Trevor Pontbriand.
The Board asked Paul Murphy, the Building Inspector, to join them at the table for open discussion. Issues such as setbacks, nonconforming lots, abandonment, and Section IV of the bylaws were discussed. Steve Rose suggested the Board meet with Paul Murphy to discuss the cases in litigation at an Executive Session.
The Board received a letter from Capewood Condominium Association regarding fence installation between the Atlantica Storage Facility and the condominium property. The Association had a phone conversation with Bob Scanlon, owner of the storage facility, who stated he would comply with their request to install fencing similar to what is behind Peter Hall’s property
(stockade vs. flat topped plank). Steve Rose Moved to accept the change as long as Mr. Scanlon agrees; Seconded by Peter Watts, Passed 6-0. Christine Bates to write a letter on behalf of the Board to the Association, Mr. Scanlon and the Building Inspector.
March 11, 2004 meeting minutes were reviewed with recommended amendment. Peter Watts Moved to accept March 11, 2004 meeting minutes with amendment; Seconded by Charlie Amsler, Passed 6-0.
Steve Rose Moved to adjourn the meeting; Seconded by David Rowell, Passed 6-0. Meeting adjourned at 9:03 pm.
Respectfully submitted,
Christine A. Bates
___________________________ ______________
Steven Rose, Chair Date
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