Date: May 13, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Peter Watts, William Nicholson, Charles Amsler, Trevor Pontbriand, Sibel Asantugrul and Christine Bates, Committee Secretary
Regrets: Steve Rose, David Rowell, Jeffrey Stewart, and Robert Hankey
Mr. Peter Watts, Acting Chair, called the meeting to order at 7:30 pm.
Public Hearings:
7:30 #04-12, Todd LeBart, Wellfleet Beachcomber, Map 17, Lot 7: Application for Special Permit to replace removable roof cover (awning) with permanent roof. The Board consisted of Peter Watts, William Nicholson, Charles Amsler, Trevor Pontbriand, and Sibel Asantugrul. A site visit was made on Wednesday, May 12. Todd LeBart and Chester Lay of Slade Associates came to the table. Chet stated they currently cover the outdoor pavilion with a removable cover. Todd would like to build a permanent wood shake shingled roof. There will no change in use, no increase in intensity, and no change to the sides of the pavilion. Paul Murphy, Inspector of Buildings, stated he directed Todd to come before the Board because it is located on the property line; however, he
feels it will not intensify usage, and the business is open for four months out of the year. Peter Watts asked why the structure was done in this manner. Todd stated the structure was built in the 1990’s. There was a patio and it was covered with the pavilion on the same footprint to allow an inside bar to be moved to the outside. Peter stated he is concerned about “restaurant creep”. Todd stated in 1978, his license was for a bar, kitchen, restaurant and patio, which has not changed over the years. Paul Murphy stated he had investigated into any previous permits regarding the pavilion and found nothing in the file. He stated perhaps the Inspector of Buildings did not require a permit for the structure because it was on the patio. Trevor and Peter both stated they considered this a structure at this point. Chet Lay will check with the Barnstable County of Deeds to see if anything is o record regarding the
construction. Christine Bates, Committee Secretary will check all former appearances to the ZBA. A question arose regarding the insulation and venting in the roof. Todd responded it would keep it cooler under the roof. William Nicholson Moved to continue the hearing to May 27, 2004 to research previous ZBA
and Deed information; Seconded by Charles Amsler; Passed 5-0.
7:48 04-11, Daniel Wexman/Bradford Williams, 30 Briar Lane, Map 14, Lot 20: Application for a Special Permit to change the use of room over accessory garage from office to bedroom. The Board consisted of Peter Watts, William Nicholson, Trevor Pontbriand, Sibel Asantugrul, and Charles Amsler. A site visit was made on Wednesday, May 12, 2004. Daniel and Bradford came forward to the table. A letter was read from Mark Slivka and Steven Phillips of “Not the Boathouse Realty Trust” stating their support for the Special Permit. Daniel stated due to Mrs. Williams financial, health and age issues, it would be best if she stayed at their home. There is no stove in the room over the garage. They are requesting they be able to move the office which is now
over the garage to the house, and make available a bedroom for Mrs. Williams. Paul Murphy identified Wellfleet Zoning Bylaw 5.2 Permitted Uses, identifying the area as a guest house on a temporary basis. Charlie Amsler asked the petitioners if they would object to placing a condition on the Special Permit which would revert the area back to an office when Mrs. Williams
passes away. They stated they had no objection to this condition. Peter Watts Moved for Findings of Facts:
1. This closely resembles Wellfleet Bylaw on guest house.
2. The Board received support from abutters.
3. There is no increase in use.
Trevor Pontbriand Moved to accept Findings of Facts; Seconded by William Nicholson; Passed 5-0. Trevor Pontbriand Moved to issue a Special Permit with the condition the room over the garage be converted back to an office after Ms. Debra Williams death; Seconded by William Nicholson; Passed 5-0.
8:00 04-08, Rudolphe G. Bessette (Mobil Station), 2683 State Highway, Map 15, Lot 129: Special Permit to convert three-bay repair shop into full convenience store (Cont’d from April 8, 2004). Due to the absence of board members who were on the hearing April 8, Mr. Bessette was asked if he would approve the following Board:
Peter Watts, William Nicholson, Trevor Pontbriand, Sibel Asantugrul, and Charles Amsler. Jerry agreed to new board. Peter read a letter from the Wellfleet Board of Health stating compliance with the Phase IV level of cleanup and finds no issues with the applicant’s proposal. They also stated they supported the continued use of bottled water for potable uses. A letter from Chief Richard Rosenthal of the Police Department was read stating he had no reason to believe traffic flow would be impacted on the change in use.
Jerry had provided the Board with additional printed materials detailing signage and a site map. Sibel asked if we had requested a surveyors map. Jerry stated the standing Board requested a site map only. The map Jerry provided detailed the parking areas, storage areas, signage and rubbish area marked by hand. Sibel also asked Jerry to identify the items in the storage trailers of which he stated they contained oil, soda, beer, and paper products. He stated the Fire Department inspects the premises two times per year. Nick asked about the boat that is located at the back of the property and Jerry stated it would be moved. He also questioned the Gilmore property which is located behind the station. Dottie Dolan, a member of the audience and also a member of the Conservation
Commission, was asked about the status with the Conservation Commission. She responded that the Notice of Intent had expired and that there were several issues the Commission was working on. Jerry stated Mobil Corporation approves the proposed change. This will be a mixed use / mercantile use. Jerry has had a food license since 1991. New change will eliminate the bays completely. Charlie Amsler stated this would be a cleaner business which will be less detrimental to environment. An abutter, Sandy Wonders, expressed her disappointment in not being able to get her car repaired.
A discussion took place regarding the signs. Jerry stated the new sign would be 90 square feet. The examples provided to the Board depicted an “On The Run” featuring a car wash. Jerry stated he had no intention of having a car wash. There was a letter from Victor Staley, former Inspector of Buildings, included in Jerry’s additional paperwork stating the signage is 234.4 square feet which was in place prior to the pre 1994 Zoning Bylaw changing it to 100 square feet allowance. Jerry stated he would be removing several of the current signs and installing new ones, which would not alter the signage square footage. Wellfleet Zoning Bylaw 7.3.3 states businesses having frontage on Route 6 may have an aggregate total of one hundred square feet of sign area with a main business sign not to
exceed sixty-four square feet. 7.7 (Non-Conforming Signs) states non-conforming signs in existence at the time of adoption of this bylaw shall be allowed to remain until such time as the premises are transferred or sold and the name or use is changed. The Board would like to see the signage become more conforming to the Bylaws. The Board feels there are too many flags, the signs are too large, and there is question regarding the location of the flags on the property.
Sibel questioned if the Board was considering this a restaurant / drive in as brought up in the April 8, 2004 meeting. The Board agreed it is a convenience store/gas station with multi use. The Board requested the following information/materials be brought to the next scheduled meeting:
1. An engineered site map depicting parking, driving access, paths, signage locations, storage trailers, wetland areas, set backs, etc.
2. Sign alternatives to come more into conformity with the Wellfleet Zoning Bylaws.
Christine Bates to write letter to the Fire Chief regarding the safety of the storage trailers.
William Nicholson Moved to continue to June 10, Seconded by Trevor Pontbriand; Passed 5-0.
8:52 04-09, Dottie Dolan, 165 Main Street, Map 15, Parcel 72: Request for Special Permit pursuant of Wellfleet Zoning Bylaw 6.21: Affordable Accessory Dwelling Unit (Cont’d from April 22, 2004).
The Board asked Ms. Dolan if she would accept the change in Board members due to absence and accept Peter Watts, William Nicholson,
Trevor Pontbriand, Charles Amsler and Sibel Asantugrul. She accepted the new board. Dottie provided the Board with the following: a letter from Building Inspector Paul Murphy stating he had done an inspection. He stated the apartment appeared to predate the Zoning Bylaws of the Town of Wellfleet, the apartment contained no obvious code violations and use could be continued without interruption. The fire alarm system would need to be tested before an occupancy permit could be issued. A letter from Rex Peterson stating Dottie had filed the necessary applications and documentation to establish her tenant is eligible and Dottie agreed to rent the property in accordance with HUD Fair Market rent guidelines. Dottie also stated she had been in contact
with her insurance agent. Title 5 Septic is being installed at the present time. Water was tested. Emily Beebe, Health Agent, saw report and is aware of the septic upgrade.
Sibel asked if this had to go before the Historical Review Board. The answer is no because no changes will be made to the property.
Peter Watts Moved for Findings of Fact:
1. The property meets all requirements and standards set forth in Town of Wellfleet’s Zoning Bylaws 6.21.3 (with the exception of “D” regarding newly constructed units).
2. Letter from Inspector of Buildings stating apartment predated Zoning Bylaws and apartment contains no violations.
3. Letter from Rex Peterson stating Ms. Dolan filed necessary paperwork.
4. No objection from abutters.
Peter Watts Moved to issue a Special Permit under Wellfleet Zoning Bylaw 6.21, Affordable Accessory Dwelling Units; Seconded by William Nicholson; Passed 5-0.
Other Business:
Peter Watts read a letter from The Superior Court of Barnstable County regarding the Washburn case stating The Town of Wellfleet Zoning Board of Appeals denial of the Special Permit was affirmed.
William Nicholson Moved to adjourn the meeting at 9:15 pm; Seconded by Peter Watts; Passed 5-0.
Respectfully submitted,
________________________ _________________________
Christine A. Bates,
Committee Sec’y Peter Watts, Acting Chair
| 
