 |
Date: August 12, 2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, David Rowell, Jeffrey Stewart, Robert Hankey, Trevor Pontbriand, Sibel Asantugrul, William Nicholson, Charles Amsler, and Christine Bates, Committee Secretary
Steve Rose, Chair, called the meeting to order at 7:00 pm.
Abby Franklin, representing the Conservation Commission, came to the table to discuss the Zoning Bylaws regarding setbacks and the Commissioners responsibility to protect the wetlands and habitat. Ms. Franklin explained the Commission is seeing more cases regarding lots that have issues with wetland, which would have a portion of the proposed house in the 50 foot buffer zone if the house was built with a 30 foot setback in a residential district. Dottie Dolan of the Conservation Commission asked if the ZBA would be open to hearing cases asking for a variance of five (5) feet regarding the front setback. There was discussion, including statements from Attorney Zehnder and Attorney Sarah Turano Flores, regarding the difficulties the Board has had in the past with variance granting. The Board stated they would be willing
to hear cases, based on the importance of conservation issues, and look at each case individually.
Public Hearings:
7:32 #04-26, James and Marcia Sexton, Ocean View Drive, Map 30, Parcels 609, 610, 614, 615, and 620: (Surfside Colony) WZB 6.11: Conversion of cottages to condominiums (Cont’d from July 22, 2004). The Board for this hearing consisted of Steve Rose, Peter Watts, Jeffrey Stewart, Sibel Asantugrul, and David Rowell. William Nicholson recused himself. A site visit was made. The Sextons and Attorney Erik Rasmussen gave a detailed description of the proposed condominium conversion. Mr. Rasmussen handed out a memo from Harry Sarkis Terkanian outlining the requirements of converting cottages to condominiums. A letter to the ZBA dated August 11, 2004 was also handed out regarding the issues raised by the Planning Board regarding the Master Deed and the
Condominium Trust. This case has gone before the Planning Board as well as the Board of Health and has been reviewed by the National Seashore. Mr. Rasmussen stated Town Counsel has not been involved. There is adequate parking for each unit and common as well as private areas. The Sextons will get floor
plans for each unit after the Labor Day Holiday. Review must take place of the Master Deed and Declaration of Trust documents. Steve Rose Moved to continue case 04-26 until September 23, 2004; Seconded by Peter Watts; Passed 5-0.
7:46 William Nicholson returned to the table.
7:48 #04-30, Nina Dimmitt and Michael Bobrowski, 276 Main Street, Map 15, Parcel 49, WZB 5.4.2: Build an exterior spiral staircase to rear of house. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts, William Nicholson. A site visit was made. Mr. Bobrowski, builder, stated this will be utilized as a fire exit at the rear of the house from the 2nd floor. The Historical Review Board sent a letter stating they did not think the spiral staircase is in keeping with the Victorian design of the dwelling. A letter from abutters, Mandy Robinson and Larry Peters of Cape Shores Real Estate expressed their support. Ms. Dimmitt stated she utilizes the third floor of the property and has no exit in the event of an emergency other than
internal stairways. Peter Watts stated he feels a wooden stairway would utilize more area. David Rowell asked if this is a cast iron stairway and Mr. Bobrowski stated yes. He also noted the paperwork handed out to the Board and to the Historical Review Board does not depict the staircase as it actually is. Steve Rose Moved to continue this case to September 9, 2004 in order for the applicants to supply a better depiction of the staircase; Seconded by Robert Hankey, Passed 5-0.
8:00 #04-35, Stephanie M. Gallico, Bay View Avenue, Map 5, Parcel 41: WZB 6.1.5: Construct new stairs and decks. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson. Ben Zehnder, Attorney, Jay Horowitz, Architect, and Ms. Gallico explained the proposed project. There is an existing second floor deck and the proposed roof deck and catwalk would not increase the lot coverage or living space. The project has received approval from the Conservation Commission. Ms. Asantugrul requested further information on the proposed retaining wall. The response is that it will provide a more level landing area for the stairs and provide an area for extra landscaping. Mr. and Mrs. Donald, abutters, spoke of their support for the
project. Steve Rose Motioned for Findings of Fact:
1. There will be no increase in lot coverage
2. There will be no increase in living space
3. There is no objection from abutters
4. Proposed catwalk is less intrusive to the lot line than the existing breakfast area.
Peter Watts Moved to accept Findings of Fact; Seconded by William Nicholson; Passed 5-0. Peter Watts Moved to approve a Special Permit; Seconded by William Nicholson; Passed 5-0.
8:21 #04-21, Wellfleet Harbor Actors Theater (WHAT), Route 6, Map 23, Parcel 212: WZB 65.4.12 to allow two principal uses on one lot; WZB 5.2 for use closely resembling amusement indoor, WZB 8.4.2 Expand use of temporary theater to include non-children’s theater programs and expand use to include Sundays (Cont’d from July 22, 2002). Trevor Pontbriand recused himself. The Board consisted of Steve Rose, David Rowell, Peter Watts, William Nicholson, and Jeffrey Stewart. Myer Singer, Attorney and Jeff Zinn came to the table. Mr. Singer referenced a letter directed to the ZBA from Robert Costa in regards to Charles Amsler recusing himself from this case. Steve Rose replied that he had talked to the appropriate people prior to all the WHAT applications and
all parties stated there is no conflict to allow Mr. Amsler to sit at the table. Mr. Singer stated this application is not an amendment to the children’s theater but a new application for the general audience.
Jeff Zinn stated WHAT wants to present theater to the general audience with play readings and expand the children’s theater. He stated he went to the Board of Selectmen as well as getting approval for a Sunday license, contingent on ZBA approval. He also stated he would like to maintain the tent for a longer period of time weather permitting, in particular the Wellfleet Oyster Festival. Zinn stated the tent is running smoothly with approval from all the proper authorities in town. Steve Rose stated the current permit expires September 30, with hours 6 pm to 10 pm, Monday through Saturday. The Business License states hours are 7 pm to 11 pm. Mr. Zinn stated an amendment could be made on the Business License. The Saturday and Sunday hours
would be 1 pm to 10 pm, which would not conflict with the Post Office hours. Mr. Hankey asked how this application is different from the one granted; he feels this is an extension to the original permit granted. Mr. Singer stated they opted to submit a new application because there would be too many changes to the conditions and they want the longer season. Sibel Asantugrul questioned Mr. Zinn why he did not request this use when he came in for the children’s theater and is now requesting additional options not mentioned in the current application. Zinn responded the pressing issue at the time was the children’s program and nothing else was programmed; however, if it was brought up by the Board, he would have requested additional use. When asked how long they want the tent to remain in use, Zinn responded it would be weather related (no more than six (6) months from when the tent was put up). Rose stated due to the number of
unresolved issues on this property, he feels the Board is reluctant to increase further use. Issues such as water, water contribution, water supply, use of the property, where things can be located, etc. needs to be answered. Rose stated no application has been submitted for water.
David Rowell asked that open discussion be closed and bring the discussion back to the table. William Nicholson asked when the original permit was granted, which was July 8, 2004. David Rowell stated there is an issue with public water supply when the property is in use for gatherings of over 25 people after 60 days. Rowell stated there has been no application submitted to
DEP to his knowledge, and the 60 day period would be over on September 8, 2004. No information has been given to the Board regarding the radius of the well, or if the church has agreed to a zone of contribution. Rowell gave examples of other major properties which had to have the water issues resolved before submitting any plans to the Board. Rowell also stated it has not been verified on paper who owns the property as requested by the ZBA, or that the applicant represents the owner(s). No paperwork has been submitted regarding conversion to condominium, parking plans have not been submitted and no documentation has been received from the Post Office regarding any parking restrictions or requirements. The traffic study given to the ZBA does not match
any plans which were previously given. Rowell also questioned if the use on the second floor of the building is strictly for a business office or considered a gathering location, of which the Inspector of Buildings would determine. Mr. Rowell stated many of the water quality issues on the property had not been addressed and was reluctant for expanded use on the property. He would be interested in reviewing the conditions of the Special Permit issued when the WHAT theater moved into the building. Steve Rose stated he had concerns about the access into the property and if it was done correctly and is compliant with the State. Robert Hankey stated there should be a set date for the tent to come down if this application were approved.
Jeffrey Stewart referred to the meeting minutes of June 10, 2004 when the original application was heard. He stated there was discussion as to the ownership of the property, purchase closing of the property, getting a letter from Jerry Parent with endorsement, and who the applicant is. Stewart stated he felt it was applicable for Jeff Zinn to apply on behalf of WHAT, but the owner did not sign. Stewart had a concern with traffic studies done by applicants because a court case in another town ruled against the town’s ZBA because the judge found fault with the applicant doing their own traffic study. He stated it was very clear to him the original application and special permit granted was for children’s theater, and he believed children’s
theater would be held Monday through Saturdays. Then within two weeks, the tent was only utilized Monday through Thursday. Mr. Stewart then mentioned his list of 31 concerns / remarks based on meeting minutes of June 10, 2004 regarding WHAT.
Steve Rose stated he wanted WHAT (Case 04-18 for the permanent structure) on the agenda for October 14, 2004, even if the Cape Cod Commission has not reached a final decision. Rowell feels because of the numerous issues involved with the property, no further consideration of extended use should be considered.
Watts stated the Board is discussing the issues regarding the permanent theater versus the temporary use. Rose was comfortable granting a permit for 90 days for the temporary tent but is not comfortable with an extension. There was further discussion on the Board making a decision regarding the temporary use of the tent versus the issues surrounding the property. Steve Rose reopened discussion to the audience.
Mr. Zinn stated they have addressed the majority of the issues / questions raised with the proper departments of the Town. Steve Rose stated the ZBA requires some forms of documentation on several of the issues. There have been too many changes in all the applications (particularly the proposed permanent theater) that need to be addressed. Steve Rose stated there is confusion with the plans submitted and does the traffic study correlate.
Mr. Rowell stated the plans the Board has depicts an inside theater and an outside theater and is concerned with the traffic study.
Per Zinn, they have been working with the church to get an easement pending with the church regarding the water situation. Mr. Zinn stated the traffic study is based on 250 people, not the 90 for the tent. Mr. Singer stated the traffic study will be updated with final plans. Ms. Kirsch, an employee of WHAT, stated the traffic study was performed by an independent company. Zinn stated he has a letter from Chief Rosenthal stating there has been no impact on the traffic. Zinn disputed Rowell’s statement regarding use of the business office as a gathering place, that auditions are job interviews. The proposed theater has been scaled back from 250 seats to 190 seats and if they elect to have the tent up next year with the permanent building, it would be less
than 250 people. Zinn has spoken with the Postmaster and was told the parking situation was fine with them. Zinn stated the P & S agreement is still being negotiated and hoped to have it available for the October 14, 2004 meeting with the ZBA. Mr. Singer asked for a continuation for the extension of the use of the tent with the condition they check with DEP regarding the water situation and if they can operate after 60 days (September 8, 2004), get written permission from the landlord, a written response from the Post Office on the parking issue and address some of the other concerns of the Board. Mr. Singer stated he would send a letter to withdraw the application if the public water supply issue could not be resolved. The Board questioned if the application to the Cape Cod Commission was complete and the response was yes. Christine Bates had a discussion with the Cape Cod Commission, and as of August 10, the Commission felt the application was
not complete. A complete copy of the traffic study was supplied to the Board. Peter Watts Moved to continue to September 23, 2004; Seconded by William Nicholson, Passed 5-0.
Business Meeting:
There was a general discussion regarding the number of inquiries being received about living in a garage or studio while repairs were being done on an existing dwelling or a new structure was being erected on one lot.
Peter Watts Moved to adjourn the meeting at 10:00 pm; Seconded by William Nicholson; Passed 9-0.
Respectfully Submitted,
Steve Rose, Christine Bates,
Chair Committee Secretary
| |
