Date: April 28, 2005
Time: 7:00 PM
Present: Steve Rose, Chair, Robert Hankey, Peter Watts, William Nicholson, Trevor Pontribiand, Charles Amsler, Jeffrey Stewart and Christine Bates, Committee Secretary
Regrets: Sibel Asantugrul
7:00 #98-18 Harold J. McGinn, 2318 State Highway, Map 23, parcels 18 and 20: Remand: Appeal as a Person Aggrieved by Decision of the Building Inspector / Wellfleet Zoning Board of Appeals regarding uses on the property – Special Permit: Application for those uses (Cont’d from 03/24/05). The Board for this hearing is Peter Watts, Robert Hankey, William Nicholson, Trevor Pontbriand, and Steve Rose, replacing David Rowell, with applicant’s concurrence. Michael Ford, former Town Counsel, came to the table, along with Jamie Veara, Attorney for applicant and Harold McGinn. Veara did an overview of the project and stated he spoke with abutter, Beverly Crowell to discuss the issue of the loam screening. He stated she opposes the process. Chair Rose read into the record the letter from Beverly Crowell dated March 21, 2005 stating her opposition to the loam screening process. Meeting minutes of February 10, 2005 were read into the record. A discussion took place regarding the
history of the Court case, as well as the former bylaws of the Town. There was an in depth discussion of when the loam processing took place to determine if the process was preexisting. Hankey stated the property was zoned originally as Industrial and stated fabrication or processing was never allowed. Due to the fact that the ZBA did not make a finding regarding the pre-existing loam processing in the appeal with a vote of 3-2 (which failed) the applicant appealed with Case 98-18 because the Board did not arrive at the same findings as in the 97-14 case. The Board questioned McGinn regarding previous receipts to verify pre-1997 use of the equipment from other companies (of which none were available); however, letters were available from two companies who stated they had rented the equipment to Mr. McGinn. In abutter Crowell’s letter, she stated, to her recollection, there was no screening taking place until 1997. When asked by
the Board, Crowell stated she would have no objection to the screening taking place for 5 days per year.
Steve Rose Moved the loam processing preexisted prior to 1997; Seconded by Trevor Pontbriand. Vote results were 2- 3 (failed). Watts moved to uphold the decision of the building inspector; Seconded by Robert Hankey, Passed 3-2 (passed). Attorney Ford stated the Board needs to determine if this is a non-conforming use as it exists on this site, and would it be more substantially detrimental to the neighborhood. Discussion followed regarding the time frame loam screen processing could take place, determine who the neighborhood is, and review abutter objections. Only one person objected, with another person coming forward stating they had no objection. Abutter Crowell was asked if conditions were placed on the Special Permit regarding timeframes, would she object. She stated
no.
Rose Moved for Findings:
1. Heavy Industry is beyond scope of Town.
2. Produces dust, odor, and vibration which would be found off premises in the neighborhood.
3. Neighborhood defined as those notified of hearing (300 feet within property).
4. This is pre-existing, non-confirming use including heavy equipment.
5. In 1997 it was determined that non-confirming use on the property included service trades/business, bulk storage (open), bulk storage (tanks).
6. No objection from neighbor if processing takes place five (5) consecutive days per year, with work being done in front of property.
Rose Moved to approve Findings of Fact; Seconded by William Nicholson; Failed 3-1-1.
The Board moved on to consider the Special Permit to allow loam processing on the property.
Rose Moved to approve a Special Permit for the Processing of Screened Loam with conditions; Seconded by William Nicholson; Passed 5-0.
Conditions:
1. Loam Screen Processing shall be performed for a maximum of five (5) consecutive days per year.
2. Hours of Loam Screen Processing shall take place between 8:00 am and 7:00 pm.
3. Work will be performed between the months of April and June.
4. Loam Screen Processing shall be located on the front section of the property as far forward as possible and not on top of the hill.
8:26 #05-08 Mark and Mary Berry, Route 6 (Green Haven Cottages), Map 42, Parcel 72: Application for a Special Permit under WZB 6.11: Convert cottage colony to condominium form of ownership (Cont’d from 03/10/05). The Board consisted of Steve Rose, Robert Hankey, Peter Watts, William Nicholson, and Trevor Pontbriand, replacing Rowell with agreement from applicant. Ben Zehnder, Attorney for applicant, distributed updated Master Deed paperwork (per suggestions from Town Counsel). He explained that Phase II will include remodeling unit 6 / 7 into one unit in keeping with the BOH requirements for number of bedrooms and will not have to come back to the Board for the change to one unit because it is detailed in the Master Deed, along with plans submitted. He also stated units cannot be changed in size per suggestion from Town Counsel. Robert Hankey Moved for Findings of Fact; Seconded by Peter Watts; Passed 5-0.:
1. The proposed use of the premises does not substantially change the then existing use of the remises
2. The proposed condominium documents (e.g. Master Deed, Declaration of Trust) explicitly define the proposed use.
3. The condominium documents are written with proper management authority to insure maintenance and repair of public health and safety aspect (e.g. water lines, sewage facilities, etc.) of real property being converted. Each such special permit shall provide that the condominium documents may not be changed so as to alter the three (3) findings required by the preceding sentence without first obtaining a special permit from the Board of Appeals permitting such alteration.
Robert Hankey Moved to approve the condo conversion; Seconded by Steve Rose, Passed 5-0.
8:38 #04-56 Todd E. LeBart and Hugh L. Dunbar, Jr., Cahoon Hollow Road, Map 17, Parcel 8: Applicatioin for a Special Permit under WZB 6.1.5.1.b and 8.4.2: Demolish two cottages and replace with two new cottages (Cont’d from 03/10/05). The Board consisted of Steve Rose, Robert Hankey, Peter Watts, William Nicholson and Jeffrey Stewart, replacing Rowell. A letter was received from Slade Associates requesting a continuation to the next month. Rose Moved to continue the hearing to June 9, 2005; Seconded by Hankey, Passed 5-0.
8:40 #04-14 Herbert Gstalder, 130 Valley Road, Map 9, Parcel 6451: Application for a Special Permit under WZB 6.1.5.1: Alteration to a non-conforming single residential structure: add a cantilevered box bay window. The Board for this hearing was Steve Rose, Chair, Peter Watts, Robert Hankey, William Nicholson and Charlie Amsler. Chet Lay of Slade Associates, explained the project of demolishing the room and replace with the same dimensions and roofline, adding a cantilevered bay window. He stated the National Park did not have any issue with the project. Currently the lot coverage is 5.94% and will increase to 5.97%. Abutter Dorothy Altman stated in a letter dated April 9, 2005 that she had no objection to the project.
Rose Moved for Findings:
1. Existing property is non-conforming because the existing structure intrudes into the rear setback
2. No objection from abutters, including the National Park.
3. No increase in use.
Hankey Moves to approve the Findings of Facts; Seconded by Peter Watts, Passed 5-0.
Hankey Moves to approve the Special Permit; Seconded by Peter Watts; Passed 5-0.
8:50 John B. Hopkins for Robin Robinson, 52 Baker Ave, Map 15, Parcel 87: Special Permit to add second floor to dwelling (Cont’d from 04/14/05, which was cancelled). This hearing was continued from 03/24/05 with the Board consisting of Steve Rose, Robert Hankey, Peter Watts and William Nicholson. The petitioner is not in attendance (04/28/05). He filed a constructive grant with the Town Clerk on
April 21, 2005. Steve Rose stated the Town Administrator as well as Town Counsel, advised to go forward with the hearing. The following letters were received and read into the record: 1) Augustus Construction dated February 4, 2005 asking for the hearing to take place on March 24, 2005) Andrew Kent, abutter, objecting to project dated 04/11/05, 3) John and Marianne Alciati dated 04/09/05 objecting to project,
4) Maura Donahue and Jim Frulla dated April 10, 2005 objecting to project, 5) John and Joan Coughlin dated 03/23/05 objecting to project, 6) Gerald Roosa dated 03/22/05 objecting to project, and 7) Bruce and Claudia Drucker, objecting to project. Bruce Drucker, abutter, told the Board this is the first time they have objected to any projects in the neighborhood. Watts asked if the petitioner had contacted any of them and the answer was no. Abutters are concerned with access, volumetric increase, and the design of the house which could add additional bedrooms, as well as the safety of the neighborhood with the additional traffic and parking issues of the construction crews, along with some large trees on abutters property. Of added concern, abutters stated the lot coverage is already over the
regulations, and wondered if the basement was permitted correctly previously for the family room conversion. Rose stated the Building Inspector would not issue a permit if the building were three stories high which is determined by exposure and landscaping. The Board reviewed the house plans and had concerns with the proposed family room becoming a bedroom. Tim Smith, Town Administrator, stated the Board needs to arrive at a decision tonight regarding this hearing. If granted, conditions could include limiting the size of the proposed rooms, having the basement left unfinished, determine when construction would take place, etc. However, since the applicant is not available for discussion or clarification, Rose Moved for Findings of Fact with the given information they have:
1. The current dwelling is a pre-existing, nonconforming dwelling.
2. Proposed plans would create a substantial volumetric increase in setbacks.
3. Neighborhood is densely populated.
4. There has been no Board of Health review of the plan to determine number of bedrooms for septic system.
5. Lack of performance to attend meeting.
Robert Hankey Moved to approve the Findings of Fact; Seconded by Peter Watts, Passed 5-0.
Based on the Findings of Fact, William Nicholson Moved to Deny the Special Permit; Seconded by Robert Hankey, Passed 4-0.
05-11 Gip Hoppe, 35 Brimmer Lane, Map 46, Parcel 13: Application for a Special Permit under WZB 6.1.5.1: Alteration to a non-conforming single residential structure: addition to living room. The Board consisted of Steve Rose, Peter Watts, Robert Hankey, William Nicholson, and Trevor Pontbriand. Mr. Hoppe explained the project to the Board, noting that the addition would not be of further encroachment on the setback. A letter from Acting Health Agent, Lynn Mulkeen dated March 9, 2005, stated after reviewing the plan, the proposed extension is not a habitable area and will not require Board of Health review.
Steve Rose Moved for Findings of Fact:
1. There will be no further intrusion into the setbacks.
2. There is no increase in use
3. There are no objections from abutters
4. The existing non-conformity is side setback.
Steve Rose Moved to approve the Findings of Fact; Seconded by Robert Hankey; Passed 5-0.
Steve Rove Moved to approve the Special Permit based on the Findings of Facts, Seconded by Robert Hankey, Passed 5-0.
10:05 Steve Rose Moved to go into Executive Session by polling each Board member; Passed 7-0.
10:10 Steve Rose Moved to resume Business Meeting.
It was announced Steve Rose resigned as of tonight’s meeting. David Rowell resigned as of April 26, 2005. Steve Rose Moved to reorganize the Board. Robert Hankey Moved to recommend Trevor Pontbriand as a permanent member of the Board; Seconded by Steve Rose; Passed 7-0. Hankey Moved to recommend Trevor as the temporary Chair; Seconded by Steve Rose, Passed 7-0. Hankey Moved to recommend Jeffrey Stewart as a permanent member of the Board; Seconded by Steve Rose; Passed 7-0. Hankey Moved to recommend Jeffrey Stewart as the temporary Vice-Chair; Seconded by Steve Rose; Passed 7-0.
Steve Rose Moved to adjourn the meeting at 10:25 pm; Seconded by Robert Hankey, Passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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