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Date: June 24, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, William Nicholson, Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Charlie Amsler, and Christine Bates, Committee Secretary
Regrets: David Rowell and Sibel Asantugrul
Steve Rose, Chair, called the meeting to order at 7:00 pm.
Public Hearings:
7:00 #04-19, Jan-Renee and Joyce Harding, 25 Harding Lane, Map 15, Parcel 44: Request for Variance to change accessory building to dwelling. The Board consisted of Steve Rose, Chair, Trevor Pontbriand, William Nicholson, Charles Amsler and Jeffrey Stewart. Joyce Harding gave the history of the building they wish to convert to a dwelling. The original building was a barn, was burned down by the fire department, and a grandfathered barn was built. Over the course of the years, they added windows and doors. Officials at the town explained to them they had to come before the various boards for a change in use. Steve Rose read a letter from Paul Murphy, Inspector of Buildings dated June 22, 2004 stating the applicants would need to seek a variance, unless they would
consider an affordable accessory dwelling unit on the property. The Board explained that the current bylaws do not allow two dwellings on one lot and that her application for a variance could not be approved as submitted; however, she could consider utilizing the building as an Affordable Accessory Dwelling Unit. It was determined the square footage exceeds the qualifications for a studio. After further discussion regarding the history of the property and the options Ms. Harding has in regards to utilizing the building, she asked to withdraw without prejudice. Trevor Pontbriand Moved to accept her withdrawal without prejudice; Seconded by Jeffrey Stuart; Passed 5-0.
7:45 #04-20, Denis Moran, 1937 State Highway, Route 6 (Brownie’s Cabins), Map 29, Parcel 269K: Special Permit under WZB 6.1.5: Alteration to a non-conforming single or two family residential structure – finish an enclosed 4’ x 4’ outside hower. The Board consisted of Steve Rose, Chair, Robert Hankey, Peter Watts, William Nicholson, and Jeffrey Stewart. A site visit was made on June 23, 2004. Joseph Diamond represented Mr. Moran. He stated Mr. Moran went to the Board of Trustees at Brownies Cabins and received approval to add an outside shower to his cabin. Moran was not aware he required a building permit. He added the roof to the shower to keep out debris. A letter from abutter, Frank W. Smith was read in favor of
the outside shower. Peter Watts noted that Mr. Smith had added a shower to his cabin without getting a building permit. Peter Watts stated it would be important to hear from Brownie’s Board of Directors to get information on their rules and regulations regarding lot coverage. Jeffrey Stuart asked the Board what the regulations were regarding the drainage from the shower, does it go into the surrounding grounds or does it need a hookup to the septic system. Steve Rose replied that as long as the property is not in the wetlands, it does not require septic hookup. Peter Watts suggested we request a letter from the condo association stating their rules and regulations regarding lot coverage. Trevor Pontbriand agreed that we would require a letter before we could grant a Special Permit. Robert Hankey stated he felt the condo members would appreciate knowing that the Town guidelines are for adding anything to their cottages. The Board
requested that Mr. Moran ask the condo association for a letter with their approval of his shower as well as a letter or statement regarding their lot coverage policy towards additions. Peter Watts Moved to continue the hearing to July 22; Seconded by Jeffrey Stewart; Passed 5-0.
8:08 #04-21, Sarah L. Pechukas, 11 West Main Street, Unit 1, Map 14, Parcel 145: Application for a Special Permit under WZB 8.4.2: Reconfigure interior space for retail and residential use to office / retail space. The Board consisted of Steve Rose, Robert Hankey, Peter Watts, Trevor Pontbriand, and William Nicholson. A site visit was made on Wednesday, June 23, 2004. Ms. Pechukas explained that she wanted to change one of the rooms previously designated as a residential room to a retail space to allow a better flow of traffic as well as separate living quarters from the business area. This will reduce the retail space from 830 square feet to 700 square feet. She will be adding a half bath to close off the retail area from the residential. Peter Watts
stated he believes this would be a reduction in use and would affect the parking. Abutters Paul and Diane Goldstein are concerned with the parking, and stated the trees which were planted to border the properties are not surviving. Steve Rose stated he feels this will be less impact on parking. Ms. Pechukas stated Carol Richardson has three parking spots and utilizes them. Mrs. Goldstein raised a concern about employee parking and customer parking. The Board reviewed the plan which included the parking spaces and felt it was adequate. Robert Hankey asked if there were any changes going to be made to the second floor of which the answer was no. Trevor Pontbriand Moved for Findings of Fact; Seconded by Peter Watts; Passed 5-0.
1. There will be change in use.
2. There will be a reduction in square footage of retail / office space.
3. This is not detrimental to the neighborhood.
4. There will be no apparent increase in traffic or parking.
Mrs. Goldstein stated again that she has a concern regarding traffic and parking if Ms. Pechukas decides to have an office and retail space. She asked who would enforce the parking. Steve Rose stated the Building Inspector would provide enforcement. Mr. Rose also stated the Certificate/Permit will be filed against the property (not the individual) in Barnstable Registry of Deeds.
Trevor Pontbriand Moved to accept Findings of Fact; Seconded by William Nicholson; Passed 5-0. Steve Rose Moved to grant the Special Permit with the following conditions; Seconded by Robert Hankey, Passed 5-0.
Business Meeting:
Steve Rose reported Case #04-18, Wellfleet Harbor Actors Theater, cannot be indefinitely continued now that it is in the Cape Cod Commission review process. It is suggested they withdraw their application without prejudice.
The Board was asked to review the Meeting Minutes of June 10, 2004 for any amendments.
Steve Rose Moved to adjourn the meeting at 9:35 pm; Seconded by Robert Hankey; Passed 7-0.
Respectfully submitted
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Christine A. Bates, Committee Sec’y Steve Rose, Chair
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