Date: May 27, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, William Nicholson, Trevor Pontbriand, David Rowell, Jeffrey Stewart, Robert Hankey, and Christine Bates, Committee Secretary
Regrets: Charles Amsler and Sibel Asantugrul
Steve Rose, Chair, called the meeting to order at 7:30 pm.
Public Hearings:
7:30 #04-13, Town of Wellfleet, Public Library: West Main Street, Map 14, Lot 135: Application for a Special Permit under MGL Ch. 40-A S.9/6: Addition for storage space. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and William Nicholson. A site visit was made on Wednesday, May 23, 2004. Elaine LaChapelle represented the Library. Elaine explained the addition would add 390 square feet for a total of 10,274 square feet. The lot size is 57,499 square feet, resulting in 17.9% coverage, making it a nonconforming lot. Peter Watts stated he feels the library needs this additional space since many items are stored in the meeting room. Elaine stated the new area will house chairs, tables, movie equipment, audio/visual
equipment and other items. Peter asked Elaine to explain the unusual emergency exit. She stated it will be a panel in the wall, exited by pushing the opening from the inside only. The Library Committee determined this type of door would offer an exit as ell as offer security for the items stored since no entry can be made from the outside. Further discussion took place regarding the size of the exit and height from the ground; Elaine stated it would be 30” from the ground. The acknowledged there are two doors from the meeting room and one from the children’s room. Jeffrey Stewart asked if the building falls into the Historic District. There was discussion that due to the many changes to the building, it may not be considered a historic building. The Library is to contact the Historical Review Committee for their review and have the Building Needs Committee send a letter to the Zoning Board of Appeals stating their support
of project. Steve Rose Moved for Findings of Fact:
1. There will be no increase in use, only for storage.
2. There were no objections from abutters.
3. There will be minimal increases in lot coverage.
4. There is no intrusion into the set backs.
Peter Watts Moved to accept Findings of Fact; Seconded by William Nicholson; Passed 5-0. Robert Hankey Moved to grant a Special Permit; Seconded by Peter Watts, Passed 5-0 with the following conditions:
1. Library to contact the Historical Review Board to determine if building requires their review.
2. Library to request a letter from the Building Needs Committee supporting this project.
7:50 #04-10: Lawrence & Laurie Smith: 85 Howes Road, Map 29, Lot 272: Request for a Special Permit under Wellfleet Zoning Bylaw 5.3: Change the use of a shed to a private stable (Cont’d from 04/22/04). Board consisted of David Rowell, Robert Hankey, Peter Watts, Jeffrey Stewart, and Steve Rose replacing Charlie Amsler. Mr. and Mrs. Smith agreed to the Board. The Smith’s were to supply the ZBA with a “Best Management Practices” list provided by the Board of Health. A memo from Emily Beebe, as well as the Board of Health meeting minutes were also supplied. The Smith’s were asked to identify where the Davis property was
located (the only objection from an abutter). It was determined they are not direct abutters. Steve Rose Moved for Findings of Fact:
1. No objection from immediate abutters.
2. The Smith’s met the Board of Health’s requirements and received their endorsement.
3. No complains have been received on the property since the Board of Health approval in 2002.
4. Board of Health approved for one (1) horse.
Robert Hankey Moved to accept the Findings of Fact; Seconded by Peter Watts, Passed 5-0. Peter Watts Moved to grant a Special Permit; Seconded by Jeffrey Stewart, Passed 5-0 with the following conditions:
1. Stable to be used for private use only.
2. Upon the death of this horse, it will be necessary for the Smith’s to return to the ZBA if they get another horse.
3. The Smith’s to provide a copy of their filing with the Barnstable Registry of Deeds.
8:05 #04-14: FOBRO INC., dba Flying Fish Café, 29 Briar Lane, Map 26, Lot 14: Request for Special Permit under MGL Ch. 40-A S.9/6: Build enclosure for walk-in refrigeration system and add new door to structure. The Board consisted of Steve Rose, Robert Hankey, Peter Watts, David Rowell, and William Nicholson. A site visit was made on Wednesday, May 23, 2004. Sarah Robin represented FOBRO at the meeting. She explained she and Kristen McDonald purchased the building in March 2004. They want to relocate the walk-in refrigeration system to the outside of the building, providing a safer work environment for employees, delivery people, and to add to the ease of retrieving items. It will be faced with clapboard,
trim and roofing shingles. Sarah explained that the pre-existing deck on the second floor was removed and replaced with a new one. The ZBA records of Aesops Restaurant were reviewed which were for a walk-in refrigeration system. It was determined the case involved a variance due to the setbacks. A letter from abutter Catherine W. Hill was read objecting to the potential noise, a letter from Margaret LeGallais was read objecting also to potential noise. Robert Hankey stated neither of these properties were close abutters. A letter from Dan Wexman and Brad Williams support the project. Robert Hankey asked how noisy the unit would be and Sarah stated the newer models are much quieter than previous models. Robert Hankey also asked about the second floor bar. Sarah stated this area will primarily be used as a waiting area. Paul Murphy, Inspector of Buildings, stated the refrigeration unit could be detached and called an
accessory, but stated the proposed plan does not change the intensity of use, and does not exceed lot coverage. Steve Rose stated the new owners have made many improvements to the property. There was discussion on where a door would be located for the unit. Sarah stated there would be no outside door to the refrigerator, it would be located inside of the café. Robert Hankey Moved for Findings of Fact:
1. No increase in use.
2. This is a relocation of an existing walk-in refrigeration system.
3. No intrusion into the setbacks.
4. Alleviating a hazard in building by moving refrigeration unit to outside, ridding the area of moisture.
Robert Hankey Moved to accept the Findings of Fact; Seconded by Peter Watts; Passed 5-0. Steve Rose Moved to grant a Special Permit with the following conditions; Seconded by Robert Hankey; Passed 5-0:
1. Compressors will be located behind the building.
2. The door will be relocated as shown on the plan.
8:33 #04-15: Allen Kennedy: 6A Silver Spring Road, Map 46, Lot 2: Request for Special Permit under MGL Ch 40-A S.9/6: Expand existing deck on pre-existing non-conforming dwelling. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson. Mr. Kennedy represented himself. A site visits was made on Wednesday,
May 2, 2004. Mr. Kennedy explained that the cottage was originally built as a garage. There are four (4) bedrooms in the main house and one bedroom in the cottage. Mr. Kennedy explained that he wants to add decking around the cottage to make better use of the cottage. The main house was built in 1968, the cottage (garage) was built in 1965. Even though this is grandfathered, it is a non-compliant structure and not allowed to be expanded on. David Rowell explained to Mr. Kennedy he could apply under the Affordable Accessory Housing Unit to legalize the use of the cottage, or remove the stove and use it as a studio. A letter written by Cedar Millet, an abutter, was read by Jeffrey Stewart objecting to the project. Steve Rose stated the cottage is a pre-existing,
non-compliant use and as such, the Board cannot grant a Special Permit. There was discussion regarding the permit for the septic system which states is for a single family dwelling on the property, with no mention of the cottage. Peter Watts suggested Mr. Kennedy withdrew without prejudice of which he agreed. Peter Watts Moved to accept Mr. Kennedy’s request to withdraw without prejudice; Seconded by Steve Rose; Passed 5-0.
8:55 #04-12 Todd LeBart (Beachcomber), Map 17, Lot 7: Application for Special Permit to replace removable roof cover (awning) with permanent roof (Cont’d from May 12, 2004). The Board consisted of William Nicholson, Peter Watts, Trevor Pontbriand, Jeffrey Stewart (replacing Charles Amsler), and Steve Rose, (replacing Sibel Asantugrul). Mr. LeBart approved of the Board. Peter Watts explained to Jeffrey Stewart and Steve Rose that Mr. LeBart was asked to return with any permits issued from the past regarding the structure. Chet Lay stated he did not find any permits at the Barnstable County Registry of Deeds. Christine Bates did not find any permits from the ZBA on this structure. Chet Lay provided a letter from Ronald Pate of Pate Construction
dated May 27, 2004 stating he completed construction of the deck and awning structure in June of 1991 and that the presiding Building Inspector stated no permit was necessary because it was a re-build / repair of an existing structure with no change in the existing footprint. A copy of an invoice dated July 10, 1994 was also presented as proof of work performed by Pate Construction on the structure. Peter Watts stated he had a discussion with the Cape Cod National Seashore and there were no objections to the proposed project. Mr. LeBart stated he has had to replace the tarp several times over the years and was anxious to get a permanent roof on. Steve Rose Moved for Findings of Fact:
1. There will be no increase in use.
2. There is no increase in setbacks.
3. There were no objections from abutters.
4. This is a “like for like” replacement.
5. This is consistent with seasonal use of the property.
Jeffrey Stewart Moved to accept the Findings of Fact; Seconded by William Nicholson; Passed 5-0. Peter Watts Moved to grant the Special Permit with the following conditions:
1. The temporary plywood security panels in the bar area will be allowed to continue during closed hours.
2. No permanent siding will be applied to this structure.
Seconded by William Nicholson; Passed 5-0.
Steve Rose Moved to start the public hearings at 7:00 pm starting on June 24, 2004; Seconded by David Rowell, Passed 6-0.
Steve Rose Moved to adjourn the meeting at 9:25 pm; Seconded by William Nicholson; Passed 7-0.
Respectfully submitted:
Steve Rose, Chair Christine Bates,
Committee Sec’y
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