Date: December 2, 2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Present: David Rowell, Vice Chair, Peter Watts, Robert Hankey, William Nicholson, Trevor Pontbriand, Charles Amsler, and Sibel Asantugrul. Christine Bates, Committee Secretary
Regrets: Steve Rose, Chair and Jeffrey Stewart
David Rowell, Vice Chair, will be acting Chair and Peter Watts will be acting Vice-Chair
7:00 #04-54 John Duane, 348 Main Street, Map 14, Parcel 7: Application for a Special Permit under WZB 5.3.2: Change the use of the property from residential/retail to residential/office and reduce number of parking spaces. Members of the Board for this hearing were David Rowell, Peter Watts, Robert Hankey, William Nicholson and Trevor Pontbriand. Mr. Duane stated he proposes changing the use from an antique shop to office with a reconfiguration of the office area. The current entrance will be abandoned and will utilize the current sunroom as the entrance with handicap access. A handicapped bathroom will be added on the first floor. He proposes to reduce the parking spots to five (5) to keep parking out of the buffer zone. He plans on having up to six people working in the future. Rowell asked if Duane was certain he wanted to change the use by deleting the retail aspect of the property because it could hinder the property in the future by downgrading the usage. It was
brought up the building is over 75 years old and will have to be reviewed by the Historical Review Board. The Board did not feel Duane would need to address the variance request for the parking due to the parking available in the Center of Town. Duane stated he has received approvals from the Board of Health. Rowell stated he needed clarification regarding the stairs and needs to have the handicapped ramp identified on the site plan. Watts Moved to continue to January 13, 2005; Seconded by Rowell; Passed 5-0.
7:23 #04-52 Patricia Pajoron and Maria Kalantzis, 33 Leeside Hollow Road, Map 8, Parcel 161: Application for a Special Permit under WZB 6.11: Conversion of cottages to condominiums. The board consisted of David Rowell, Peter Watts, Robert Hankey, William Nicholson and Sibel Asantugrul. George Cavanough, Attorney, attended the meeting with the applicants. He stated there will be no exterior alterations, just change in ownership. They will be year-round structures. The Board asked what makes this a cottage colony, when did the dwellings convert to year-round, and when was the land subdivided. The applicants stated taxes are paid on one property. The Board requested the applicants determine when the
structures were built, were they attached to a larger parcel or split off, and when did they become year round. Applicants are to provide any paperwork available with any existing conditions. Robert Hankey Moved to continue to January 13, 2005; Seconded by David Rowell; Passed 5-0.
7:45 #98-18 Harold J. McGinn, 2318 State Highway, Map 23, Parcels 18 and 20: Remand Hearing: Appeals as a person Aggrieved by Decisions of the Building Inspector / Wellfleet Zoning Board of Appeals regarding Uses on the Property. Jamie Veara, Attorney and Mr. McGinn came to the table. Board members for this hearing were David Rowell, Peter Watts, Robert Hankey, William Nicholson and Trevor Pontbriand. Mr. Veara gave the history of previous hearings with the Board and stated the reason for the remand is the issue of the loam screening machine and storage of the materials. He states the activity predates any bylaws and was pre-existing and non-conforming. He mentioned the fuel tanks were moved. He stated the
applicant felt the process of the loam screening was covered in the bylaw definition of “services”. There was an issue of piling the loam in the setbacks (buffer zone) established in bylaw 6.12.1 for outside storage areas. Beverly Crowell, abutter, stated her objections to the screening of the loam. Rowell stated the Board would like to speak with Michael Ford, Attorney. Rowell Moved to continue to February 10, Seconded by Peter Watts, Passed 5-0.
8:10 #04-51 Frank M. Capello, Cove Road, Map 23, Parcel 210: Application for a Special Permit to add an office building to an existing metal building. The Board consisted of David Rowell, Peter Watts, Robert Hankey, William Nicholson and Sibel Asantugrul. Ben Zehnder, Attorney, accompanied Mr. Capello. Discussion took place regarding the zoning. Zehnder explained the applicant proposes adding an office to the building to be able to utilize the building for storage. The addition will be 20’ x 20’. There will no addition of employees. The height of the addition will be approximately 12 feet tall. Watts requested Findings of Facts:
The business meets the district’s objective.
There were no objections from abutters.
Buildings will be within setbacks.
The height of the building makes it minimally visible from the road.
Watts Moved to approve Findings of Facts; Seconded by Rowell; Passed 5-0.
Rowell Moved to grant the Special Permit based on Findings of Facts; Seconded by Robert Hankey, Passed 5-0.
8:25 04-55 Terri N. Gerber and David W. Gardiner, 40 3rd Ave., Map 40, Parcel 85: Application for a Special Permit under WZB 5.4: Extend deck additional six feet on west side of property within side setback. The Board for this hearing was David Rowell, Peter Watts, Robert Hankey, William Nicholson and Trevor Pontbriand. Bob Bacon, builder accompanied Ms. Gerber. Bacon stated the deck is unsafe and needs to be replaced with applicant wishing to make it larger. Watts requested Findings of Facts:
Minimal further intrusion into the setbacks.
No objection from abutters.
No increase in footprint.
No increase in use.
Rowell Moved to accept the Findings of Facts; Seconded by Robert Hankey; passed 5-0. Rowell Moved to grant the Special Permit; Seconded by Robert Hankey, Passed 5-0.
Business Meeting:
A letter was prepared for signature directed to the Planning Board regarding re-applications for a Special Permit which were previously denied within a two year period. The Board is requesting the Planning Board to determination if the application is repetitive. David Rowell signed the letter.
A letter was prepared for signature by Robert Hankey to Richard A. Henderson, Attorney, responding to a written request by Henderson on October 13. Henderson stated the Board had not responded to his request regarding issues in an Executive Session. Copies will be mailed to Mr. And Mrs. Edward Zelinsky, Elizabeth Lane, Esquire, Paul M. Murphy, Building Inspector, and Alan Cote, Mass. Public Records Division.
Three letters from applicant Donald C. Sullivan (Case 04-49) who withdrew without prejudice on November 18, 2004 regarding a shed were read. Applicant questioned the bylaws regarding the placement of sheds on properties. The Board determined they would send a request to the Planning Board to see if there could be a change in the bylaws to provide relief for this type of request.
Rowell Moved to adjourn the meeting at 9:08; Seconded by Robert Hankey, Passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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