 |
Date: May 12, 2005
Time: 7:00 PM
Present: Trevor Pontbriand, Chair, Jeffrey Stewart, Robert Hankey, Peter Watts, William Nicholson, Charles Amsler. Sibel Asantugrul, and Christine Bates, Committee Secretary
7:00 Trevor Pontbriand stated the Board had received two resignations, Steve Rose, Chair and David Rowell, Vice Chair. At the Selectmen’s meeting, Jeffrey Stewart and Trevor Pontbriand were approved to be permanent members of the Board. Robert Hankey Moved to nominate Trevor Pontbriand as the Acting Chair; Seconded by Peter Watts, Passed 7-0. Robert Hankey Moved to nominate Jeffrey Stewart as the Vice Chair; Seconded by Peter Watts; Passed 7-0.
Public Hearings:
7:02 05-02: Janice Allee and 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: move an additional dwelling onto an existing parcel (Cont’d from 03/17/05). Trevor Pontbriand recused himself due to conflict of interest. Peter Watts will be the Acting Chair. The Board consisted of Peter Watts, Jeffrey Stewart, Robert Hankey, Charlie Amsler and Sibel Asantugrul. The applicant agreed to the assigned Board. Meeting minutes of 03/17/05 were read into the record. Ben Zehnder, attorney for the applicant, presented a letter addressed to Janice Allee from the Historical Commission dated April 6, 2005 stating they applaud their efforts. It was noted no review has been made by the Historical Review Board. A letter from David Cassick dated May 4, 2005 confirmed he purchased the property in 1969. Zehnder stated the Town records are deficient in providing records of the
property rentals. He stated verbal recollections demonstrate the rental history of the property. Due to the objections from abutters to move the historical house via Cassick Valley Road, the applicant received written permission from Thomas Edwards and Valerie Piper to utilize their property for the movement of the house. Zehnder and architect, Joy Cummings, presented a new plan showing the connector for the two buildings. The design is a basement connector with a deck on the ground level. Zehnder stated iT meets the definition of a structure and creates a single building unit. Watts stated it would count as lot coverage. Asantugrul stated the connector is not visual and does not create a physical connection; therefore she would not consider this a connection. Cummings stated it would be part of the footprint and does not need to be visual and adds to the historic integrity of the project. The contours of the property were
discussed regarding the location of the new building.
Joe Sharp, of the audience, questioned the removal of trees to relocate the house; Zehnder stated trees would be replanted. Asantugrul asked Zehnder his definition of “building” and “structure”. The question was referred to Paul Murphy, Building Inspector, who referred to the by laws and stated the underground corridor would fit the definition. The hearing was closed to the public at 7:34 pm.
Amsler stated his concern regarding the septic and questioned if the property had been abandoned. Hankey had a problem with the concept of the underground connector; however, Watts liked it. Watts stated this project has the approval of the Board of Health; the Board would like a written statement from the Health Agent. Further discussion took place regarding nitrogen in the ground, wetlands, the high density of use, and the amount of bedrooms on the lot. The meeting was reopened to the public.
Zehnder stated the applicant is not asking for authorization OF a use that was already there; it has a Title 5 septic system approved for eight bedrooms. He stated there is a difference between abandonment and lack of use while the property is being upgraded. Although they do not have tax records, they do have the letter from Cassick. The Rogers’ dwelling will have to come up to building codes. Helen Miranda Wilson stated she feels the site is too small for two buildings, and is concerned about soil conditions and ground water contamination. Murphy stated the site has a compliant Title 5 for 8 bedrooms. Zehnder stated they already have four units, they are asking to alter a dwelling. He stated the nonconformities are altering the existing building due to setback
encroachments, and the Rogers building is nonconforming in height. Due to the lack of records regarding the unit rentals, one abutter stated she never saw more than 3 cars at any given time, another abutter stated she never saw more than 2 people in the past 10 years, an abutter stated there were single people living in the house, and there was never full capacity. The estimated increase in lot coverage will go from 3,500 square feet to 5, 200 square feet of living space.
Asantugrul requested a plan showing the proposed elevation with grade, and a plan showing current grade. Murphy stated he feels verbal testimony carries weight regarding rental history and feels property has four units. Hankey moved to continue to June 23, 2005; Seconded by Amsler; Passed 5-0.
8:20 #05-12: Donald Horton, 724 State Highway, Map 43, Parcel 42: Application for a Special Permit under WZB 5.3: Change the use of the second floor from an existing service/trade office to a single family dwelling unit (Cont’d from 04/14/05). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts and William Nicholson. Ben Zehnder, Attorney, represented the applicant. He stated the property is in the C2 district and the proposal is to change the use from a storage area on the second floor to a residential use. He stated it provides a local housing unit and there will be no site changes. There were no objections from abutters. Helen Miranda Wilson questioned if this would be a family unit or a dormitory
setting. Mr. Horton stated he has always had the intention of adding housing for his employees. The 13 x 8 foot bedroom could be divided into two bedrooms as the septic was upgraded. The Board requested the floor plans be reviewed by the Health Agent when the Building Permit is granted. Hankey Moved for Findings of Fact:
· This is an allowed use by right
· There are no objections from abutters
· This does not violate or conflict with existing permits.
Watts Moved to approve the Findings of Fact; Seconded by Pontbriand, Passed 5-0.
Hankey Moved to approve the Special Permit based on Findings of Fact with Conditions; Seconded by Watts; Passed 5-0.
Conditions:
· Plans to be reviewed and approved by Health Agent
8:40 #05-09 James and Marianna Ennis, Kendrick Ave., Map 20, Parcel 27: Application for a Special Permit under WZB 6.11: Convert cottage colony to condominium form of ownership (Cont’d from 03/24/05). A letter was received from the attorney requesting a continuation. Hankey moved to continue to June 23, 2005; Seconded by Pontbriand; Passed 5-0.
8:41 #05-04 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 Paine Hollow Road (Townsend property). Cont’d from 03/17/05. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts and William Nicholson. Meeting minutes of 3/17/05 were read into the record. Gregory Pinto stated the photos presented to the Board at the previous meeting spoke for themselves. He reviewed official files regarding the property with the Board. He stated the sketch of land did not include any vehicles, etc. He feels the violations are detrimental to the neighborhood. Zehnder, attorney for Townsend, stated all uses are
legal based on prior bylaws. Murphy stated everything was in compliance. Pinto questioned if the use exceeded the conditions set on the original Special Permit in 1996. He questioned if the Building Inspector erred in stating they are in compliance with snow removal equipment, storage of fuel tanks, etc. Pinto stated before he purchased the property, he did not want to put the Townsend’s out of business, but to get the Townsend’s into compliance. He stated the Townsend’s have trespassed on his property, and stated they need to go by today’s bylaws.
Pinto stated his well had been filled with woodchips and diesel fuel was poured into the well. He filed a report with the Police, but no action was taken. Theresa Townsend stated this issue should not be brought up in this meeting, and will be brought up in the civil court hearing. Further discussion took place between Townsend and Pinto regarding Pinto’s request for fencing and trees from the Townsend’s.
Murphy stated he stands by his statement that they are not in violation of previous conditions set in 1996; however, some of the uses would not be allowed in today’s bylaws. Zehnder stated the Townsend’s would be willing to remove the storage units. Pinto stated he had a discussion with previous Building Inspector, Victor Staley, which included setbacks, height of building materials, equipment on property, storage of salt, etc. The Board asked Pinto what he wanted removed from the Townsend’s. He replied he wants them to comply with the permit, be a good neighbor and not trespass, not operate any equipment on his land, remove bulk storage of hazardous materials, and be respectful of neighbors. He stated he is not asking to amend the permit. Discussion took place
regarding location of the road based on previous maps and where it is today.
Abutter Charles Smith, stated he feels the Townsend’s have violated several of the regulations. Martha Smith stated logging trucks have utilized Pine Road, and have caused damage. The meeting was closed at 9:15 to the public.
The Board expressed concerns regarding the preexisting permit conditions with today’s bylaws, if the Building Inspector was enforcing the conditions of the Special Permit granted, bulk storage in the setbacks, lot coverage, site plan showing setbacks, previous ads for car sales, detriment to the neighborhood, and what enforcement guidelines ZBA plays. The Board felt many of the issues were not in ZBA’s jurisdiction. Stewart recommended involving Town Counsel on how to address this application and asking for a written response. Murphy stated he didn’t feel Town Counsel would give any direction. Nicholson recommended identifying the items which are out of compliance and direct Building Inspector to enforce them. Amsler stated the property is located in
Residential zoning. Hankey requested a survey of Townsend’s property, identifying everything on the property and clearly showing the setbacks. Murphy stated Slade Associates provided a site plan identifying wood chips, barns, etc. and feels this is sufficient. Pontbriand stated the current site plan does not include all the storage. Murphy stated several supplies get moved and shifted, and the language in the 1996 Special Permit is difficult to interpret.
Stewart recommended the ZBA review the 1996 Special Permit, get an updated site plan, and contact Town
Counsel. The Board decided to:
1. review the 1996 Special Permit and its purpose
2. Work with the Building Inspector and get an update of drawings
3. Consult with Town Counsel, if appropriate, to get guidance of interpreting the bylaws.
Stewart Moved to continue to July 14, 2005 (at applicant’s request); Seconded by Nicholson; Passed 5-0.
10:08 04-18: Wellfleet Harbor Actors Theater, Route 6, Map 23, Parcel 212: Applicant appeals a determination that the proposed non-profit theater use is not a permitted public or semi-public institution of a philanthropic or charitable purpose; Applicant requests a Special Permit under WZB 5.4.13 to allow two principal uses and two principal buildings on one lot in the C zoning district; a Special Permit under WZB 6.3.13 as a Development of Significant Impact to determine that traffic impact and financial impact studies are deemed unnecessary; Special Permit under WZB 5.2 for a use closely resembling in its neighborhood impacts a use listed as a permitted or authorized use under special permit in the Commercial Zoning
District; and Special Permit under WZB 6.11 to allow the conversion of the property to the condominium form of ownership. (Cont’d from 03/24/05). Trevor Pontbriand recused himself as an abutter. Jeffrey Stewart, Acting Vice-Chair, explained to the applicant that two members of the Board had resigned, and that he would be acting as Chair for the WHAT case. Stewart asked the applicant if they would accept a new Board which would consist of himself as Chair, Peter Watts as Vice Chair, Robert Hankey, William Nicholson, and Sibel Asantrugul. Andrew Singer, Attorney, stated he and his client would prefer to withdraw this application without prejudice and file a new application. Singer stated the Master Deed will be revised and resubmitted. He also stated he would be providing draft findings and identify each individual issue for each category. Stewart stated the Board would utilize the Cape Cod Commission findings as a guideline to
apply to the local findings. Singer stated WHAT will be submitting the ZBA decision to the Cape Cod Commission to modify their paperwork and conditions.
Robert Hankey Moved to approve the applicant’s request to withdraw without prejudice; Seconded by Peter Watts; Passed 5-0.
Singer stated Zinn would be going to the Building Inspector to get the permit for the temporary tent. Stewart feels this is an issue the ZBA needs to address and requested WHAT submit a new application for a Special Permit because there could be different findings or conditions from last year’s permit.
Trevor Pontbriand Moved to adjourn the meeting at 10:36 pm; Seconded by Jeffrey Stewart; Passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
| |
