Date: December 8, 2005
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts, William Nicholson, Bruce Drucker, Vern Jacob, Charles Amsler, and Christine Bates, Committee Secretary.
Regrets: Sibel Asantugrul
Chair Pontbriand called the meeting to order at 7:00 pm.
Public Hearings:
7:00 05-40 Nicholas Watkins for Tony and Seymour Curdie, Owners, 210 Chequessett Neck Road, Map 14, Parcel 82: WZB 6.1: Add dormer for new bathroom. (Cont’d from 10/27/05) The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Bruce Drucker, replacing Sibel Asantugrul with the permission of the applicant. Meeting minutes of October 27, 2005 were read. A letter from abutter Nancy E. Stagg dated 12/08/05 was read stating she approved the new dormer plans. Condominium documents were provided for the file by the applicant, along with new plans. Trevor Pontbriand moved for Findings of Fact:
1. The applicant has complied with providing the requested drawings and deed information.
2. There is no objection from abutters.
3. There will be no further intrusion into the setbacks.
4. There will be minimum volumetric increase within existing footprint.
Trevor Pontbriand moved to grant a Special Permit based on the Findings of Fact; seconded by Robert Hankey, passed 5-0.
A letter from Meredith Blakely Scozzafava dated November 21, 2005 was read requesting a continuation of her hearing to December 15, 2005 to enable her attorney to be present. Trevor Pontbriand moved to continue the hearing to December 15, 2005; seconded by Robert Hankey, passed 7-0.
Robert Hankey moved to approve meeting minutes of November 10, 2005 with amendments; seconded by Trevor Pontbriand; passed 7-0.
7:30 05-46 Richard and Eileen Collins, 57 Tecumseh Road, Map 28, Parcel 165: Application for a Special Permit to construct a second story under WZB 6.1.1. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Vern Jacob. A site visit was made. Mr. Collins told the Board they want to add a second story on the existing dwelling which is zoned for two bedrooms. There will be no change to the footprint. The decking will remain. Abutter Chuck Atkinson stated he had no objection to the project. Paul Murphy, Building Inspector, stated this is a volumetric increase. Jeffrey Stewart moved to amend the application to reflect the correct Wellfleet Zoning Bylaw as 6.1.5.1; seconded by Robert
Hankey, passed 5-0. Trevor Pontbriand moved for Findings of Fact:
1. There is no objection from abutters.
2. There will be no increase in use.
3. The existing footprint is maintained.
4. The structure is non-conforming due to re-surveying the property which placed the dwelling within the setback.
Robert Hankey moved to approve a Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
7:45 05-39 Cape Cod Five Cents Savings Bank, 345 Main Street, Map 14, Parcels 172 and 173: Application for a Special Permit and/or Variance under 8.4.2: Drive-Up banking service (Cont’d from 10/27/05). The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Bruce Drucker, and Robert Hankey replacing Sibel Asantugrul, with the applicant’s permission. Meeting minutes of October 13, 2005 and October 27, 2005 were read into the record. A letter dated November 29, 2005 from Attorney Harry Terkanian requesting the application be withdrawn without prejudice was read into the record. A letter from Police Chief Richard P. Rosenthal, dated December 2, 2005 was read into the record, reiterating there will not be a
significant public safety issue. A letter dated December 6, 2005 from Interim Fire Chief Daniel Silverman was read indicating his view that there will be no public safety issues. A letter dated December 8, 2005 addressed to the File from Committee Secretary, Christine Bates, was read, stating she had received a telephone message on December 2, 2005 from Attorney Terkanian stating he did not wish to withdraw Case 05-39.
Attorney Terkanian stated he had received a call from Town Administrator, Tim Smith, requesting the case go forward with the ZBA application. No new plans were distributed to the Board members; however, a new site plan was available on an easel. Terkanian reviewed the project as previously presented. He stated the bank was at the meeting at the request of the Town Administrator. Robert Hankey stated he felt the letter to withdraw without prejudice should be respected. Tim Smith said he felt it wise to go forward with the Special Permit and there would be a Special Town Meeting in January or February 2006. He stated if the project stands on its own merit, it has to go before the Conservation Commission and Board of Health prior to going to a Town Meeting and he would like to
complete some of the required approvals. Statements were made from various people in the audience that the Special Permit should not be pursued because of the results of the Special Town Meeting held in November 2005 which turned down the easement. People felt the issue should be brought up again at the Annual Town Meeting after the town has an opportunity to review the project more in depth and document a plan which will educate the residents so there is a better understanding of the entire project. Mefford Runyon, the bank representative, stated Cape Cod Five bought Gutsy Bender’s on Route 6 as an alternative location for the bank if they do not get the drive thru. The Town approached the bank on acquiring the Route 6 location. The bank is willing to talk further and review the options available to all parties.
Chair Pontbriand stated since the ZBA does not have all the necessary information required, the Board could not take a vote. Terkanian requested the application be withdrawn without prejudice. Vice Chair Stewart stated if the applicant had come to the meeting with plans, the Board could have taken action to either continue the hearing or vote to withdraw without prejudice. Bruce Drucker moved to allow the applicant to withdraw without prejudice; seconded by Trevor Pontbriand; passed 5-0.
Trevor Pontbriand moved to adjourn the meeting at 9:00 pm; seconded by William Nicholson; passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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