Date: December 15, 2005
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts, William Nicholson, Bruce Drucker, Vern Jacob, Charles Amsler, Sibel Asantugrul, and Christine Bates, Committee Secretary.
Chair Pontbriand called the meeting to order at 7:00 pm.
7:00 05-42 Meredith Blakely Scozzafava, 105 Pine Avenue, Map 29, Parcel 443: Application for a Special Permit to construct a two car garage, enclosed porch and decking (Cont’d from 11/10/05). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Robert Hankey and Sibel Asantugrul. The following letters showing support for the project were read into the minutes: 11/9/05 Martha Smith; 11/9/05 Allen Morehouse; 11/9/05 Terry Gips and Ned Hitchcock; and 11/7/05 Frederick and Leatrice Turner. A site visit was made. Ms. Scozzafava stated the proposed garage will enter into the side setbacks (19 ½ feet). She stated she wanted a straight driveway to avoid having to shovel snow in inclement weather and another location
for the garage would involve removing a tree from the property. Members of the Board stated they felt an alternative proposal could be presented which would eliminate going into the setbacks altogether. Discussion took place regarding options to relocate the garage so she could turn into the garage at a different angle, make the garage a one-car garage, or eliminate the tree. At the request of the applicant, the case will be continued to allow the applicant to investigate when the sub-division was built and to look at other options. Pontbriand moved to continue to December 8, 2005; seconded by Robert Hankey, passed 5-0.
Pursuant to a Notice of Petition and Public Hearing, which was published in The Cape Codder newspaper on 12/02/05 and 12/09/05, and which was posted in the Town Hall from 12/01/05 and which was sent to principals on 11/10/05, the public hearing of this petition was re-opened on Thursday, December 15, 2005 at 7:00 pm. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Robert Hankey and Sibel Asantugrul. Attorney Ben Zehnder and the applicant came to the table. Meeting minutes of 11/10/05 were read. A new plan was distributed showing the garage relocated so as to be out of the setback and so the doors would be facing the eastern abutter. Zehnder stated this design is more detrimental to the neighborhood because headlights, etc. would shine into abutters yard and house
windows. A letter from the applicant’s doctor was produced stating she had limitations on any heavy lifting (regarding the snow removal issue). Alan Moorehouse, abutter, stated the original plan was the better option and he would hate to see the tree cut down. Dennis Townsend, a neighbor, said the driveway is difficult to plow and the new plan would make it more difficult with a turn. There was discussion regarding the number of vehicles Ms. Scozzafava has and if she would consider building a one-car garage, which would eliminate the non-conformity on the setback. Attorney Zehnder read the Wellfleet Zoning Bylaws as they apply to this case. The Board stated their position is to uphold the local
bylaws and not to create new non-conformities. Sibel Asantugrul stated she feels the proposal is more detrimental to the neighborhood because it creates a violation in setbacks and the scale of the proposal is very large. Zehnder read Bylaw 8.4.2.1 to 8.4.2.5 and stated the proposal does not impact or affect any of the criteria nor does it affect the town. Trevor Pontbriand read 8.4.2 and his definition of how the Board should respond to this application. Pontbriand moved for Findings of Fact:
1. The existing lot is non-conforming due to inadequate frontage.
2. The existing structure is conforming with all current bylaws.
3. The proposed garage will create a new non-conformity where none currently exists by creating a 5.1 foot intrusion into the side setback.
4. There is adequate lot area available to construct a garage without creating a zoning violation.
5. There is no objection to the proposed project from abutters.
Attorney Zehnder requested the application be withdrawn without prejudice. Robert Hankey moved to approve the request to withdraw without prejudice; seconded by Trevor Pontbriand; passed 5-0.
7:45 #05-47 Allison Kochen and Ed McPartland, 33 Cross Street, Map 14, Parcel 139: Application for a Special Permit under WZB 6.1.5.2 and GL40A, Section 6, or in the alterative, a variance pursuant to Section 8.4.3 to demolish and reconstruct a nonconforming structure on a nonconforming parcel. The Board for this case is Trevor Pontbriand, Jeffrey Stewaret, Robert Hankey, William Nicholson, and Sibel Asantugrul. Attorney Ben Zehnder and the applicant, Ed McPartland, came to the table. Zehnder stated the applicant purchased the property and the dwelling is in very poor shape. The Historical Review Board has approved demolition of the building. Zehnder stated part of the property is within the Central District and the remainder is in
the Residential District. The current dwelling is nonconforming with the front and both side setbacks. The proposal is to relocate the dwelling further back from the front, making the front setback conforming. The current lot coverage is 13.8% and the proposed lot coverage would be 15.04%. A letter from abutters Andrew and Deidre Poole dated 12/06/05 was read into the records. Their concern is privacy as well as stability of the hill located on McPartland’s property which abuts their land. Discussion took place regarding the location of the proposed dwelling, with the Board recommending it be maintained at the “street wall” of houses to maintain the town’s historical character. McPartland stated he wanted to maintain the tree on the property, as well as provide a safe vehicular access to his property. He also stated by setting the house back within the setbacks, it would provide more privacy to his
family. Opinions on the design of the proposed dwelling were expressed as well as the location of where the dwelling would be placed on the parcel. McPartland stated he would plant trees, grasses, and stabilize the bank. Discussion took place regarding the elevation of the proposed house in relation to the abutter’s land. Jeffrey Stewart asked Zehnder if the application was correct in coming forward as 6.1.5.1; Zehnder replied it should be 6.1.5.2. Trevor Pontbriand moved for Findings of Fact:
1. Minimal objection from abutters.
2. The existing lot is non-conforming due to area and frontage.
3. The existing house is in violation of front and both side setbacks.
4. Existing house is in a state of extreme disrepair.
5. Historical Review Board has approved demolition.
6. The proposed structure will conform to current front and rear setbacks.
7. The lot coverage will remain substantially the same.
8. There will be a reduction in use so far as the number of bedrooms which will be reduced from six to four.
Robert Hankey moved to approve the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.
After a discussion with the Poole’s regarding their privacy issues, the applicant agreed to plant trees at the rear of the property. The site plan was modified to identify the location of these plantings.
Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact with conditions; seconded by Robert Hankey, passed 4-1.
Condition: Applicant shall plant rear line of property with a natural vegetative screen of evergreen.
Jeffrey Stewart moved to adjourn at 9:15 pm; seconded by Robert Hankey; passed 8-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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