Date: January 12, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, Robert Hankey, Peter Watts, William Nicholson, Bruce Drucker, Vern Jacob, Sibel Asantugrul, and Christine Bates, Committee Secretary.
Regrets: Jeffrey Stewart and Charles Amsler
Chair Pontbriand called the meeting to order at 7:00 pm.
7:00 pm
06-01 Joseph and Claire Sibilia, 185 Indian Neck Road, Map 28, Parcel 131: Application for a Variance from WZB 5.4.4: Bldg. Height. The Board consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, Bruce Drucker and Vern Jacob. Vern Jacob noted for the record Attorney Ben Zehnder is representing his wife in a real estate transaction. The Board had no objection to Vern sitting on the Board for this hearing. Attorney Ben Zehnder distributed findings for the variance request. Zehnder stated the property has been in the Sibilia family since 1985. In 2001 there were issues with water damage to the basement walls which were constructed of wood. Zehnder stated Sibilia had meetings with former Building Inspector Rick Asmann and was told that the structure was
non-compliant and the basement will be considered a third story now that the fill had been removed. The current height of the dwelling is 38.61 feet. Zehnder stated the alternatives for getting the structure into compliance is to remove the top floor, place a retaining wall around the entire basement wall, lift the house and pour concrete foundation or replace the fill around the wooden basement, none of which would alter the height of the building. Zehnder outlined the need for a variance for this property, stating the alternatives would be expensive to the applicant, and the desired relief would not pose substantial detriment to the public good.
The following letters were read into the record: Steven and Carole Adler dated December 26, 2005, requested if approved, vegetative screening be provided; David Wright received 1/12/06; no objection; Ann Beckert dated December 29, 2005, no objection; and William Gazzola dated January 3, 2006, no objection. Gary Ander, John Martin, and Ann Becker from the audience, stated they had no objection to the project. Discussion took place among Board members to try and determine if the property was compliant when it was built and when it had been approved by the Building Inspector. All were in agreement that the structure was improperly built. Paul Murphy, Building Inspector, stated he had received requests to inspect the property and had determined that it was three stories and required a
variance. Zehnder emphasized backfilling would be expensive and that it would not benefit the town by doing so.
Trevor Pontbriand moved for Findings of Fact:
1. Claire Sibilia is the owner of the land at 185 Indian Neck Road which is improved with a wood frame single family dwelling;
2. The house was built by the applicant in or about 1986, with a portion of the basement buried in sand around the four perimeter walls. The exterior construction under the sand was wood framed and sheathed.
3. The house is believed to have complied with the zoning requirements for height and number of stories at the time of construction and received a certificate of occupancy at the time of construction;
4. In or about 2001 the Wellfleet Police notified the applicant that water was coming out of the house. The applicant investigated and determined that a pipe had burst and the basement storage room had filled with water;
5. Upon subsequent investigation, it was determined that sand against the wood framed structure had rotted and degraded the wood structure, and water and cold air was entering the home and caused the pipe to burst. The structure of the home where covered by the sand was extensively damaged.
6. The applicant repaired the damaged structure but has not replaced the sand against the side of the basement.
7. The measured height of the structure from the existing grade prior to construction has not changed.
8. As a result of the exposure of more of the basement, the basement now constitutes a story as defined by the Wellfleet Zoning By-Law.
9. The facts adopted herein constitute a unique set of circumstances relating to the topography of the lot and to the structure thereon which is specifically affecting the applicant's land and structure and not generally the R1 zoning district. The wood frame construction of the building below grade is atypical and not consistent with local practice. There has been no evidence, anecdotal or otherwise, that such conditions relating to the topography and such structural conditions exist generally in the R1 zoning district.
10. A literal enforcement of the zoning provisions would involve substantial hardship to the applicant, since without the granting of a variance, the applicant would be required to remove the top story of the structure, or replace a substantial amount of fill around the base of the structure. Replacement of fill around the structure will again cause the possibility of degradation of the wood structure.
11. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw, since the base of the house is screened from view on three sides, and since the closest abutters have expressed their support for the variance on the grounds that leaving the house the way it is now will pose the least disruption to the area and will leave the view from their properties essentially the same. Additionally, the maintenance of the sand away from the basement will provide an increased protection against rotting of the wood structure.
12. The granting of a variance does not constitute or create any precedent, since the Board finds that the combination of such topography and structural conditions, coupled with the screened nature of the lot and the particular sight lines and view characteristics of the lot and structure, are unique.
13. There was one letter from an abutter expressing concern that the home should be screened from Indian Neck Road. There were three letters and three attendees in support of the variance application. There were no written or public objections to the variance application.
14. There is no change in use.
Trevor Pontbriand moved adopt the Findings of Fact as amended; seconded by William Nicholson; passed 4-1 with the following condition:
1. Applicant shall plant vegetated screen of evergreens along Indian Neck Road sufficient to screen the structure from view.
Bruce Drucker moved to grant the variance based on the Findings of Fact; seconded by Trevor Pontbriand;
passed 4-1.
8:10 pm 06-02 Vern Hatt for Thomas Joyce, 3096 Baker Ave, Map 20, Parcel 57: Application for a Special Permit under WZB 6.1: Demolish and reconstruct two pre-existing non-conforming structures (dwelling and cottage). The Board for this hearing was Trevor Pontbriand, Robert Hankey, William Nicholson, Bruce Drucker and Sibel Asantugrul. Vern Hatt (representative) and Thomas Joyce explained they want to demolish the two existing buildings and rebuild two new dwellings on the same footprints. Thomas Joyce stated the buildings do not meet current building codes. The cottage is currently on a concrete slab and they would like to build a cellar. The main house currently has a basement and one floor and they would like to add a
second story with a garage under the house. A new septic was installed for the property for four bedrooms.
A letter was received on January 6, 2006 from Steven Bliss and was read into the minutes, stating he had concerns, but if the new buildings were on the same footprint, he would have no objection. A letter from Michael Altman and Barbara Ogur dated January 10, 2006 was read into the minutes objecting to the project. Thomas Joyce stated his grandmother used the main dwelling and that his family has used the cottage since the 1950’s. It has never been used as rental property. The height of the main dwelling will increase ten feet. The lot coverage will decrease with the new design due to a reduction in roof overhand; however, there will be a volumetric increase with both structures. Trevor Pontbriand requested proof either from tax records, deed, letters, etc. to determine when the
structures were built. Trevor Pontbriand moved for Findings of Fact:
1. Lot size and frontage are non-conforming with the current bylaws.
2. There are presently two single family dwellings on the property which are pre-existing, non- conforming structures.
3. The front and rear setbacks to the structures are both currently 24 feet where 30 feet is required.
4. The south side setback to the structure is 24 feet where 25 feet is required.
5. The new structures will be constructed entirely on the current footprints.
6. There will be a volumetric and height increase with both structures.
7. There will be no increase in use.
Robert Hankey moved to accept the Findings of Fact; seconded by Bruce Drucker; passed 5-0. Robert Hankey moved to approve the Special Permit based on the Findings of Fact with the following conditions:
1. Prior to the demolition of the existing structures, the Building Inspector shall inspect the structures to certify that there are two single family residences totaling four bedrooms.
2. The owner shall provide a copy of the Building Permits or other records of the two structures as available.
Seconded by Bruce Drucker; passed 5-0.
8:56 pm 05-38 John S. Kelley, Trustee, Sarett Lane Realty Trust, Sarett Lane, Map 42, Parcel 87.4: Application for a Special Permit under WZB 6.11: Convert existing cottages to condominium form of ownership (Cont’d from 10/27/05). The Board for this hearing was Trevor Pontbriand, Robert Hankey, William Nicholson, Sibel Asantugrul and Bruce Drucker replacing Jeffrey Stewart, with the permission of the applicant’s attorney. Attorney William Hammatt represented the applicant. Meeting minutes of 10/27/05 were read into the record. Chet Lay of Slade Associates provided detailed plans for any future expansion to the cottages. Hammatt explained that Mr. Badams has no easement rights for the roads;
however, Mr. Kelley will allow him access. The Master Deed does not identify any difficulty with the units being utilized as year-round dwellings. The language was changed on the Master Deed per the requests of Town Counsel, Planning Board and Board of Health. Trevor Pontbriand moved for Findings of Fact:
1. The proposed use of the premises does not substantially change the then existing use of the premises.
2. The proposed condominium documents (Master Deed and Declaration of Trust) explicitly define the proposed use (e.g. seasonal use, time sharing use, number of units, existence or absence of kitchen facilities, etc.)
3. The condominium documents are written with proper management authority to insure maintenance and repair of public health and safety aspects (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.
4. The ZBA received advice of the Board of Health, Planning Board and Town Counsel regarding the Master Deed and Declaration of Trust.
Trevor Pontbriand moved to approve the Special Permit based on the Findings of Fact; seconded by Robert Hankey, passed 5-0.
8:56 pm 05-43 Francis Turpin, 393 Bound Brook Way, Map 6, Parcel 10: Application for a Special Permit to construct a new septic system, garage, and rebuild house on existing footprint (Cont’d from 11/10/05). The Board for this hearing was Trevor Pontbriand, Robert Hankey, William Nicholson, Sibel Asantugrul and Vern Jacob replacing Jeffrey Stewart with the applicant’s attorney’s permission. Attorney William Hammatt represented the applicant. The meeting minutes of November 10, 2005 were read into the records. Pontbriand read into the record the letter from the National Seashore dated 12/22/05 for the record. Hammatt stated he had met with Lauren McLean of the Seashore and there was a verbal agreement that the
Turpins would eliminate the garage. He is now awaiting a confirmation letter from the
National Seashore with their concurrence to this agreement. A new plan will be presented to the Board. Hammatt stated the proposed porches would lessen the use of the surrounding land. Trevor Pontbriand moved to continue the case to February 9, 2006; seconded by Robert Hankey, passed 5-0.
Other Business
Trevor Pontbriand moved to approve the meeting minutes of December 8, 2005; seconded by Bruce Drucker, passed 6-0.
Trevor Pontbriand moved to approve the meeting minutes of December 15, 2005 as written; seconded by Bruce Drucker, passed 6-0.
Sibel Asantugrul moved to adjourn the meeting at 9:45 pm; seconded by Bruce Drucker; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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