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Date: March 17, 2005
Time: 7:00 PM
Present: Steve Rose, Chair, David Rowell, Robert Hankey, Peter Watts, Trevor Pontribiand, Charles Amsler. Sibel Asantugrul, Jeffrey Stewart and Christine Bates, Committee Secretary
Regrets: William Nicholson
Public Hearings:
7:00 05-02: Janice Allee & Ron Singer, 61 Cassick Valley Road, Map 30, Parcel 26: Expansion of a non-conforming structure under WZB 6.1.1 and relief from WZB 5.4.4, height of building. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and Charles Amsler. Ben Zehnder, attorney for applicant, presented an overview of the property and project. He stated the lot coverage will go from 6.8% to 9.41 %. There will be no change in use of the property. The applicant is proposing to connect the two buildings with a trellis. Zehnder stated they were to go before the Historical Review Board on April 6. Zehnder stated since there is concern from the abutters regarding the moving of the house on Cassick Valley Road, there is
a possibility the house could be moved from another location from the back of the property. A letter was received from Susan Kurtzman of Truro supporting the project; four letters expressing concerns were read from Jenifer Firestone, Martha Hevenor, Richard Mason and Patricia Elwell, and Elizabeth Lovely. A letter from Joseph and Ann Marie Sharp raised questions and suggested conditions. The following people in the audience expressed concerns regarding the widening of the road and if the area was in a protected wellhead region: Frank Caufield, Julian Dupont, and Elizabeth Lovely. Zehnder stated the property is in the overlay district and will not change the use, that this project received Board of Health approval, and anyone can change the width of the road. He stated the use of the access road for the abutting condo’s will not change. He feels restoring the property is the right thing for the Town. Steve Rose Moved to close the
meeting to the public at 7:43 pm.
The Board brought up the following concerns as well as items they would like further review on: request the applicant to supply tax records for proof of four bedrooms for each building; see the permitting history on the property; concern with the grading of the property and questions the height of the moved building; what constitutes a connection between the two buildings; when was the last time people resided in the current building, and is abandonment an issue; is Rogers house condemned; this property is already five bedrooms over what would be allowed if this were new construction; Historical Review Board needs to see the project before we go any further; can Cassick Valley Road be restored after moving the house down it; and if this property were to be converted to condo’s, the parking would not be adequate. Rose opened the discussion up to the applicant and audience at 7:58. Zehnder asked the Board what would be acceptable as the attachment between the two buildings and
stated parking is for 1 ½ spaces per unit. He stated the building to be moved will be placed at the lower grade of the property which will eliminate the concern of the height of the building. Rowell Moved to continue to May 12, 2005; Seconded by Robert Hankey; Passed 5-0. Applicant to come back with information on history of buildings and possible alternate access for moving the house.
8:08 04-42: Lawrence and Lee Ann Jaquith, 1035 Ridge Street, Map 36, Parcel 145: Request for a Special Permit under WZB 5.4: build a screen porch on an existing deck with new footings and add roof deck (Cont’d from 02/24/05). The Board for this hearing was Steve Rose, David Rowell, Peter Watts, Trevor Pontbriand, and Sibel Asantugrul. Applicant did not attend hearing. Rose Moved to allow the application for a Special Permit to be withdrawn without prejudice; Seconded by David Rowell;
Passed 5-0.
8:14 #05-03 Theresa Townsend, Old Paine Hollow Road, Map 30, Parcel 86: Appeal from a Person Aggrieved, Appeals the Decision of the Building Inspector relative to an existing Special Permit. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts, and Trevor Pontbriand. Ben Zehnder, attorney for applicant, referred to the December 17, 2004 letter from Inspector of Buildings, Paul Murphy, in regards to the lot coverage of over 25% and the business being conducted does not comply with Service Trades as defined in the bylaws. Paul Murphy stated the criteria for Service Trades Business was not spelled out prior to the change in the Wellfleet Bylaws; therefore, it predates and is grandfathered. He stated he feels applicant is complying
with bylaws and is not exceeding 25% lot coverage at this time. Rowell Moved to allow the Applicant to withdraw his Appeal of the Building Inspector without prejudice; Seconded by Trevor Pontbriand; Passed 5-0.
8:28 Lucienne R. L. Pinto and Gregory Pinto, Appeal from a Person Aggrieved: Appeal against the Building Inspector regarding failure to stop violations on 85 Old Hollow Road (Townsend Property).
The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and Sibel Asantugrul. Duane Landreth, attorney, stated the applicant does not feel the Building Inspector is enforcing the Special Permit conditions issued in 1996 and that the owners and users are in violation. Attorney Landreth gave an overview of the property’s history, including previous conditions issued on the property. He listed several uses on the property he feels are not permissible, such as bulk storage tanks, open bulk storage, junk yard, transport terminal, etc. In 1996 a Special Permit allowed landscaping services. He stated the Townsend’s are exceeding the 25% of lot coverage for business, and that the setback requirements do not apply to the buildings. He stated the barn and shop were
not noted in the conditions. Gregory Pinto distributed pictures he took of the property and abutting property, identifying what he considers violations. A sketch of land drawn on December 15, 2004 by Chester Lay was distributed identifying the setbacks for the district. Landreth stated there are two cease and assist orders in the file still pending. Landreth also read Townsend advertisements placed in the newspapers identifying services for excavating and tree service, as well as land clearing. He stated this is heavy commercial use in a residential district, and is infringing on abutters property.
A letter from Virginia Picardy, abutter, was read into the meeting minutes supporting Pinto’s grievance, as well as letters supporting the Townsend’s from Charles P. Cole, Joanna LaRance and Leslie Armstrong. Attorney Ben Zehnder spoke on behalf of the Townsend’s, stating the 1996 Special Permit was properly issued and the use today is within the conditions and bylaws. There was no prohibition on accessory buildings. He feels this is more of a neighbor issue than a zoning issue. From the audience, Chuck Cole spoke in support of the Townsend’s, as did Jim Willis. Several other people spoke in defense of the Townsend’s. Landreth rebutted Zehnder’s statement by saying the bulk storage tanks were approved but not allowed, and that the ZBA in 1996 were
fools, trying to regulate so work was compatible buffers; this is a residential zone and Townsend’s are not in compliance. The road has been widened by vehicles. Theresa Townsend stated there had been no contact with Pinto, only his taking pictures of their property. Pinto stated he met with police and told them he would erect a fence in the road on his property line; however, officials would not allow the action.
Steve Rose requested the applicant provide 13 copies for the Board’s review, and Moved to continue to May 12, 2005; Seconded by David Rowell, Passed 5-0.
Meeting adjourned at 10:25 pm.
Respectfully submitted,
Christine Bates
Committee Secretary
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