Date: July 8, 2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, Trevor Pontbriand, David Rowell, Jeffrey Stewart, Robert Hankey, Charlie Amsler, and Christine Bates, Committee Secretary
Regrets: William Nicholson and Sibel Asantugrul
Steve Rose, Chair, called the meeting to order at 7:00 pm.
Public Hearings:
7:00 #04-22, Charles Amsler, 2520 State Highway, Route 6, Map 23, Parcel 34: Application for a Special Permit under WZB 6.3.2: Change the use of property from a real estate office to business offices and retail use. Members of the Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and Trevor Pontbriand. Peter Farber, Lawyer and Charles Amsler, Applicant, were in attendance. A site visit was made. The original application was thought to have required a variance due to the lot size denying expansion on it according to the by-laws. The use is a permitted use with a Special Permit. The property was, at one time, considered two separate parcels. There was a dwelling on one lot and a small office on the other. Town Counsel would not
accept the original application. An application came before the ZBA with a scaled down proposal, including affordable housing, but bylaws did not permit the uses on the property and it was withdrawn without prejudice. The house is being rented by an individual that qualifies for affordable housing at this time. Mr. Amsler is willing to reduce the rent to the tenant to include utilities which would make the dwelling an affordable accessory dwelling unit.
The proposed building has been reduced by 25 percent. The dimensions were going to be 84’ x 30’, proposed new plan is 69’x 27’. There will be a 12 inch concrete wall to serve as a retaining wall at the base of the hillside which will reduce the pitch of the slope. The slope will be vegetated to reduce erosion. There will be stone retaining walls placed at both ends of the building. The building will have a central foyer with a fireplace. On either side will be two retail spaces or business offices. There will be a loft area and balcony area on 2nd floor. There will be two handicapped bathrooms on the first floor. There will be a porch on the front of the building. A new septic system will be installed. This was reviewed by the
Health Agent and received approval. Lot coverage will be 8.22% house and proposed new building). Mr. Farber discussed proposed parking and landscaping.
A letter was read from abutter, Rueben Cook dated July 5, 2004 who was objecting the proposed plan. There is a legal issue pending in court regarding the removal of sand from the property. Discussion took place regarding the definition of a quarry and the history of the property and the interpretation of the bylaws. The Special Permit issued last year is no longer valid and was never filed. Mr. Watts asked Mr. Farber if he had seen the recommendations the Board made last year through Town Counsel. One of those was to keep the building to 1,000 square feet. New proposal is 1,863 square feet. David Rowell stated he felt this is a small footprint with regards to the property and is all within the setbacks. Rowell had some concerns regarding the
retaining wall on the north side of the property being too tall as well as providing a more substantial fence. Mr. Farber stated the retaining wall could be designed into a tier design.
Mr. Cook, abutter, presented a picture of the snow fence located near his property and stated erosion continues to take place. He feels the slope is very dangerous. He states there was approximately 8,000 cubic yards of sand removed and there is a 25 foot drop at his property line. Mr. Amsler stated once the building is built, it will eliminate the need to replace the sand and will alleviate the slope issues due to the retaining wall. Paul Murphy, Inspector of Buildings, stated there are no building codes to address what type of fence could be installed. Steve Rose stated a condition or mandate could be incorporated into the granting of the Special Permit regarding stable fencing. Mr. Rowell asked Mr. Amsler if he could work with Mr. Cook
regarding fencing and the grade of the slope. Further discussion took place regarding the number of parcels on property. When Mr. Amsler came before the Board before, it was considered two lots. Mr. Amsler is the owner of both lots. Engineers determine this is one lot and is registered at Barnstable County Registry of Deeds as one. Trevor Pontbriand stated Mr. Amsler did not apply for Affordable Accessory Dwelling on this permit and recommended another application be submitted. Peter Watts Motioned for a vote to determine this is one lot; Seconded by David Rowell; Passed 4-1 that this property is one parcel.
The Board determined it would like an engineer’s drawing of the retaining wall, requires Mr. Amsler to discuss fencing issue with Mr. Cook and submit a design depicting location, safety, re-stabilization of slope, and submit a another application for Affordable Accessory Housing Unit. Peter Watts Moved to continue to August 26, 2004; Seconded by Robert Hankey, Passed 5-0.
8:20 04-23: Wellfleet Steel Works: 15 Kear Circle, Map 42, Parcel 46: Application for a Special Permit under WZB 5.3.3: Construction of addition to existing service trades building and WZB 8.4.2.2: Construction of a single family dwelling. Members of the Board for this case were Steve Rose, Robert Hankey, Peter Watts, Trevor Pontbriand and Jeffrey Stewart. Ben Zehnder, lawyer, and Matt McPortland, owner of property explained to the Board their proposal. Of the three additional bays to be built, two will be rented out. The proposed four bedroom house meets all the requirements for the district. Both house and addition will be within setbacks on the property. Abutter Matt Frasier stated he favors this plan. Peter Watts asked about the traffic on Route 6
of which Mr. Zehnder stated there is not a significant problem in this particular area. Because Mr. McPortland is not definite who will rent the other two bays, he is not sure if traffic will be impacted. Jeffrey Stewart noted this will be 15% lot coverage. There was discussion regarding the style of the proposed house and if there was a landscaping plan. Mr. Zehnder stated there is an abundance of trees along Route 6 which will provide coverage and act as a sound barrier. Steve Rose Motioned for Findings of Fact:
1. Conforms with intent of District C2.
2. The location is supported by having the proposed use.
3. Use of site would not be displaced or preempted by this use.
4. There is adequacy of roads, drainage and other public services with this location.
5. Site not more sensitive to environmental damage such as erosion, siltation, potential groundwater or surface water contamination, as well as habitat disturbance or loss of valuable natural vegetation.
6. Proposal contributes to the diversity of services and housing opportunities.
7. Proposal will provide year round use of property.
8. Proposal will provide year round use to people including employment opportunities.
9. Scenic views from public ways and developed properties have been treated.
10.Reasonable efforts have been made to minimize visibility of parking and service areas from public streets.
11.Proposal meets all setback and coverage requirements.
12.Proposal expands service trade and allow single family residence.
Robert Hankey Moved to approve Findings of Fact; Seconded by Peter Watts, Passed 5-0. Jeffrey Stewart motioned to amend the application wording of “affordable” housing (this is NOT an Affordable Accessory Dwelling Unit). Robert Hankey Moved to approve the Special Permit with Conditions; Seconded by Steve Rose; Passed 5-0.
Conditions:
1. Hours of operation at the rental bays shall be 6:00 am to 9:00 pm.
2. All lighting to be confined within property lines.
3. Approval subject to Board of Health approval.
9:00 04-24: Michael Gallagher, 90 Pilgrim Springs Road, Map 29, Parcel 173: Application for a Special Permit under WZB 5.4.2: Add a dormer on the back of house and porch on the front. Members of the Board for this case are Steve Rose, David Rowell, Robert Hankey, Peter Watts and Trevor Pontbriand. A site visit was made. Mr. Gallagher explained the dormer will be in the existing footprint by raising the roof and the farmers porch will be built on the front of the house. The dwelling is located 20.7 feet from the property line. Three letters from abutters were
received in favor of the proposal. The site plan provided did not reflect the addition; however, Inspector of Buildings, Paul Murphy, stated the applicant could draw to scale the addition of the porch. David Rowell stated he would accept the hand-drawn addition for approvals. Steve Rose asked the Board for Findings of Fact:
1. Farmers porch will be a minimal intrusion into the setbacks (approximately five (5) feet).
2. The lot is conforming, but due to the location of the house, it does not conform.
3. Three letters of support were received.
4. There will be no increase in use.
5. Dormers improve safety, egress, and habitability.
Robert Hankey Moved to approve the Findings of Fact; Seconded by Peter Watts, Passed 5-0. Steve Rose Moved to approve the issuance of a Special Permit with conditions; Seconded by Peter Watts; Passed 5-0.
Conditions:
1. Farmers porch will not be screened or enclosed without an additional permit.
Other Business:
The Conservation Commission requested a time on the August 12, 2004 agenda to discuss setbacks as they pertain to the Wellfleet Environment Protection regulations and the Wellfleet Zoning Bylaws. Board agreed to schedule the Commission.
A couple came to the table to gather information on the process of submitting an application. The Board recommended they discuss their plans with the Inspector of Buildings and submit an application to the Zoning Board.
Steve Rose Motioned to reorganize / nominate positions of the Board.
Robert Hankey Moved to nominate Steve Rose as Chair of the WZB; Seconded by David Rowell; Passed 6-0. Robert Hankey Moved to nominate David Rowell as Vice Chair; Seconded by Peter Watts; Passed 6-0. Steve Rose Moved to nominate Robert Hankey as Clerk; Seconded by Jeffrey Stewart; Passed 6-0.
Paul Murphy, Inspector of Buildings and the Board discussed the bylaws regarding condominiums.
Meeting Minutes of June 10, 2004 were reviewed with recommended changes. David Rowell Moved to accept June 10, 2004 meeting minutes with amendments; Seconded by Jeffrey Stewart, Passed 7-0.
Steve Rose Moved to adjourn the meeting at 10:15 pm; Seconded by Robert Hankey, Passed 7-0.
Respectfully submitted,
Steve Rose, Christine Bates
Chair Committee Secretary
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