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Zoning Board of Appeals 09/09/04
Date:           September 9,2004        
Time:           7:00 PM
Location:       Town Hall Meeting Room

Attendees:      Steve Rose, Chair, Robert Hankey, Peter Watts, David Rowell, Jeffrey Stewart, Trevor Pontbriand, and Christine Bates, Committee Secretary

Regrets:                Charles Amsler, Sibel Asantugrul

Steve Rose, Chair, called the meeting to order at 7:00 pm.

Public Hearings:

7:00    #04-36, Eve Joice, 15 Herring River Road, Map 8, Parcel 219:  Application for a Special Permit under WZB 5.1.5:  Alteration to a pre-existing, non-conforming single or two family residential structure – construct a second story on dwelling.  Members of the Board for this case were Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson.  A site visit was made.  Proposal is to put a second story on an existing foundation and redo the deck, with renovations to the kitchen.  Gary Joseph and Mrs. Joice explained the screen porch will be supported on pilings and a mud room added as well.  Watts asked when the house was built and the response was approximately 1974 when the setbacks were twenty (20) feet.  They reported there will be no walkout or no grade change.  No additional bedrooms will be added and the kitchen will be located upstairs.  There is 1.16 acres.  Steve Rose motioned for Findings of Fact:
1.      This is a pre-existing, non-conforming structure on a   conforming lot, it became non-conforming in 19975 when the      side setbacks were increased to 25 feet.
2.      Neither the porch or the mud room are within the setbacks.
3.      No objections from abutters.
4.      Minimal volume intrusion.
5.      No increase in use.

Peter Watts Moved to accept the Findings of Fact; Seconded by William Nicholson; Passed 5-0.

Steve Rose Moved to grant a Special Permit under WZB 5.1.5 to add a second story on the dwelling; Seconded by Robert Hankey, Passed 5-0.

7:20    04-30:  Nina Dimmitt & Michael Bobrowski, 276 Main Street, Map  15, Parcel 49:  WZB 5.4.2:  Build an exterior spiral staircase to       rear of house (Cont’d from 8/12/04). The applicant did not attend       the meeting.  David Rowell Moved to continue the hearing to October 28, 2004; Seconded by Robert Hankey; Passed 7-0.

7:30    04-37  Geraldine Denterlein, 5 Fifth Street, Map 40, Lot 66:  Application for a Special Permit under WZB 6.1.5 – alteration of pre-existing, non-conforming, single family residence – construct a second story on dwelling and add roof decking.  Members of the Board were Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson.  Attorney Ben Zehnder and Peter Coneen represented the applicant.  A site visit was made.  Zehnder stated the proposed addition will be within the footprint of the existing foundation.  Approvals have been received from Board of Health and Conservation Commission, adding a Bioclere septic system.  The house was built around 1968 or 1969 with an addition made to it in the 1970’s.  Coneen is not aware if any special permit was issued.  Rowell expressed concern about the quality of the foundation.  Zehnder feels foundation is in good condition.  A letter from abutters George and Irma Psathas was read stating no objections, but noting they were concerned about any vegetation being removed between the two properties.  Steve Rose asked for Findings of Facts:
1.      No increase in use.
2.      Dwelling will remain under 15% lot coverage
3.      The additional intrusion is for the deck space and egress
4.      No objection from abutters.
5.      This is non-conforming to setbacks, size and lot area and frontage.

Peter Watts Moved to accept the Findings of Fact; Seconded by Steve Rose; Passed 5-0.  Steve Rose Moved to grant a Special Permit with the following conditions:
1.      If the foundation needs to be replaced, the applicant shall appear before the ZBA.
2.      No vegetation is to be removed from the south side of the property.
3.      The septic system shall be upgraded according to Board of Health regulations and conditions.
Robert Hankey Seconded; Passed 5-0.

Business Meeting:

Peter Watts Moved that Steve Rose represent the Zoning Board of Appeals at the Cape Cod Commission meeting regarding the WHAT hearing; Seconded by Robert Hankey, Passed 7-0.  

Paul Murphy reported Tim Smith would like to have the Town of Wellfleet put on our next available meeting to review the architectural drawings for the fire and police project.  
        

        Respectfully Submitted,



        Steve Rose,                                                     Christine Bates,
        Chair                                                           Committee Secretary