Date: September 22, 2005
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, Acting Chair, Peter Watts, Robert Hankey, William Nicholson, Sibel Asanturgul, Bruce Drucker, Vern Jacob, Charles Amsler, and Christine Bates, Committee Secretary.
Chair Pontbriand called the meeting to order at 7:00 pm.
Public Hearings:
7:00 05-36 Jonathan and Nancy Porteus, 115 and 215 West Main Street, Maps 14 and 13, Parcels 40 and 219: Application for a Special Permit under WZB 6.11: Convert existing cottages to condominium form of ownership. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Sibel Asantugrul, and Bruce Drucker. A site visit was made on 09/21/05. Attorney Eric Rasmussen and Jonathan Porteus explained the cottages have been year-round rentals since approximately 1950. There will be no change in use. A letter from K. O’Donnell, Town Counsel, dated 09/16/05, was read into the record stating the condominium documents are acceptable, and recommended one change to have the language changed to provide for septic
inspections “at such intervals as may be required under Title 5 and by the Town of Wellfleet”. Also read into the record was a letter from the Wellfleet Planning Board dated September 8, 2005 stating they would recommend changing the parking on West Main Street for units 4 and 2. The Wellfleet Board of Health letter dated 09/15/05 recommended having the condominium documents altered to include having water tests performed every two years and to add language that no additional bedrooms will be added. Attorney Rasmussen agreed to the changes. Porteus gave the history of the property, stating his wife’s family had owned it since the 1940’s and they were allowed to build several dwellings close together. These are pre-existing, non-conforming units. Porteus stated the Affordable Housing Unit is on another piece of property and not part of the condo conversion. Stewart questioned if the owners of the property
could rent out the units, and they are allowed to rent. There will be no time sharing allowed. Gerry Parent was questioned about Planning Board’s concerns regarding the parking. He stated they felt it would be safer to have parallel parking for the one unit and move the other parking spots to the existing driveway area. Porteus stated he has never received any complaints from DPW, the Police, and there have not been any accidents at the location. Helen Miranda Wilson read Wellfleet Zoning By-Law 6.17.4 regarding curb cuts. Rasmussen stated improvements were already made regarding the parking, and it would require trees to be taken down as well as disrupt septic systems if changes were made to the existing parking. The Board agreed not to make any changes to the parking at this time. Pontbriand moved for Findings of Facts:
1. There is no change in use.
2. The Condominium documents explicitly define the use.
3. The Condominium documents have been reviewed and approved with revisions by Town Counsel.
4. The Planning board reviewed and approved the Condominium documents, recommending one change.
5. The Board of Health reviewed and approved the Condominium documents, suggesting two alterations.
6. The condominium documents are written with proper management authority to insure maintenance and repair of public health and safety aspects (e.g. water line, sewage facilities, etc.) of real property being converted.
Pontbriand moved to grant a Special Permit based on the Findings of Fact with conditions:
1) The condominium documents need to be changed to reflect the recommendations from the Board of Health and Town Counsel which include:
a) No additional bedrooms are to added to the units
b) Both water wells are to be tested every two years with results sent to the Wellfleet Health Department.
c) Change the language in Section 12 to provide inspections “at such intervals as may be required under Title 5 and by the Town of Wellfleet”.
Hankey seconded the motion; passed 5-0.
7:32 #05-19 Wellfleet Harbor Actors Theater, 2357 State Highway, Map 23, Parcel 212: Application for a Special Permit under the provisions of 1) Sections 5.4.13 and 8.4.2 of the Wellfleet Zoning By-Law to allow two principal uses and two principal buildings on one lot in the Commercial Zoning District; 2) to the extent deemed necessary, Sections 5.2, 5.3 and 8.4.2 of the Wellfleet Zoning By-Law to allow and use closely resembling in its neighborhood impacts a use listed as permitted or authorized under Special Permit in the Commercial Zoning District; 3) Section 6.3.13 of the Wellfleet Zoning By-Law for a Development of Significant Impact; and 4) Section 6.11 of the Wellfleet Zoning By-Law to convert the Property to the condominium form of ownership (Cont’d from 07/21/05) The Board for the case is Jeffrey Stewart, Peter Watts, Robert Hankey, William Nicholson and Sibel Asantugrul.
Jeffrey Stewart, Acting Chair, Peter Watts, William Nicholson, Robert Hankey and Sibel Asantugrul were members of the Board for this case. Stewart stated the case had been continued to receive Board of Health recommendations as well as to have a discussion with Cape Cod Commission. He stated the Cape Cod Commission found the Wellfleet Zoning Board of Appeals Findings and Conditions more stringent than the Commission’s Findings and Conditions. He informed the applicant the Board and Attorney Singer met on 9/21/05 to review the Findings and Conditions.
Hankey expressed his gratitude to Attorney Singer. He stated the previous chair and vice chair of the Board did the proper thing by resigning because they had issues with WHAT not paying taxes to the Town. The Board had to regroup and nominate a new chair and vice chair. Due to being an abutter, the new chair had to recuse himself, and the vice-chair stepped up. Hankey stated he felt the Boards involved in this case have received unfair press and did everything they could to move the case along, considering there were materials lacking from the applicant and resented the press for not getting all the facts. He also stated Jeffrey Stewart and Peter Watts had a defined plan to reach a conclusion involving WHAT’s decision and proceeded step by step to cover all the necessary aspects of the
case. Sibel Asantugrul
expressed her opinion that she didn’t feel the site was being developed into something the people of Wellfleet could be proud of (architecturally).
Robert Hankey moved to approve the Findings of Facts as previously reviewed; seconded by Peter Watts; passed 5-0.
Peter Watts moved to grant the Special Permit to the Wellfleet Harbor Actors Theater based on the Findings of Facts; seconded by Robert Hankey; passed 5-0.
Jeffrey Stewart moved to allow the applicant to withdraw without prejudice the portion of the application which included section 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”.; seconded by Robert Hankey, passed 5-0.
Jeffrey Stewart noted this would be Peter Watts’ last evening sitting on the Board. Members thanked him for his contribution to the Town and his role on the Zoning Board of Appeals.
Stewart moved to adjourn the meeting at 8:00 pm; seconded by Hankey; passed 5-0.
Respectfully submitted
Christine A. Bates
Committee Secretary
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