Minutes of Zoning Board of Appeals Public Meeting
Date: April 27, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, Vern Jacob, William Nicholson, Charlie Amsler, Bruce Drucker, Robert Hankey, and Christine Bates, Committee Secretary.
Regrets: Jeffrey Stewart and Sibel Asantugrul
Chair Pontbriand called the meeting to order at 7:00 pm.
7:00 pm 06-14 Sarah Robin, 29 Briar Lane, Map 14, Parcel 26: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit. Change the use of the second story to affordable housing (Cont’d from 03/23/06). A letter dated 04/22/06 from the applicant requested a continuation to May 25, 2006. Trevor Pontbriand moved to continue to May 25, 2006; seconded by Robert Hankey; passed 6-0.
7:05 pm 06-17 Mike Walsh, 320 Chequessett Neck Road, Map 19, Parcel 30: Application for a Special Permit under WZB 6.1.5 to construct a screen porch within side setback. The board for this hearing was Trevor Pontbriand, Robert Hankey, William Nicholson, Vern Jacob and Bruce Drucker. A site visit was made. The applicant stated they proposed to build a 14’ x 16’ screened-in porch, which would encroach on the south side setback. They do not plan on heating the structure. Drucker stated the addition would go into the setback four feet and asked the applicant if they would consider other options such as locating the porch to the back of the dwelling, wrap it around, or change the size of the porch to 10’ x 16’ so as not to create a
non-conformity. The applicant did not want to change the plans. The Board determined the lot is non-conforming but the structure is currently conforming. They told the applicant it is the history of the Board not to create a new non-conformity where none currently exists. Discussion took place regarding the topography of the property and if the screened-in porch would be substantially more detrimental to the neighborhood. The Board noted that there is no immediate abutter on the side of the property with the proposed screened porch. Hankey moved for Findings of Fact:
1. The existing lot is non-conforming due to area and frontage
2. The existing structure is conforming.
3. The screened-in porch will create a new non-conformity in the south side setback.
4. The screened-in porch will create an increase in lot coverage.
5. There is no change in use.
6. There was no objection from abutters.
7. The proposed addition will abut Hirham Hill Road.
Hankey moved to approve the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
7:20 pm 05-08 Mark and Mary Berry, 633 Route 6, Map 42, Parcel 72: Amend Special Permit to allow condominiums for year round use (Cont’d from 04/13/06). Attorney Ben Zehnder represented the applicant. The Board for the hearing was Trevor Pontbriand, Robert Hankey, William Nicholson, Vern Jacob, and Bruce Drucker replacing Jeffrey Stewart, with the approval of the applicant’s attorney. Ben Zehnder stated the applicant wished to withdraw without prejudice based on the recent Town Meeting vote regarding Wellfleet Zoning Bylaw 6.11 (condominium conversion). The application was requesting permission to change the Master Deed, and with the elimination of Bylaw 6.11 it is no longer necessary to come before the
Board. Discussion took place if the request to utilize the condominiums year round constitutes a change in use, as well as what the property is defined as (cottage colony, cluster residential property, etc.). Zehnder stated this is not a change in use. Drucker moved to approve the withdrawal without prejudice. Andy Koch, an abutter, expressed his concerns regarding utilizing the property year round. Pontbriand stated if any units were to be used year round, the owner would still have to go to the Building Inspector, and may have to come back to the ZBA. After further discussion, Robert Hankey moved to allow the applicant to withdraw without prejudice; seconded by Trevor Pontbriand; passed 5-0.
Other Business:
Jerry Houk, Selectman, questioned the Board if they had reviewed the paperwork for expansion of use for the Wellfleet Market. Trevor Pontbriand stated he signed the paperwork, and was unaware the rest of the Board should review it, based on the fact that all Department heads had previously approved the paperwork and he felt if there were an issue, the Building Inspector would have referred the case to the ZBA. Discussion took place regarding the previous tenant’s applications to the ZBA and the fact that they were denied. Helen Miranda Wilson suggested the Board have a yearly meeting to discuss the procedures the Board will follow in regards to signature requests. Charlie Amsler suggested the Board determine how the permits are to be issued, either to the tenant, the business or the map and
parcel. Bruce Drucker suggested contacting Town Counsel for their advice. Wilson suggested the ZBA contact the Planning Board with any recommendations on changing the bylaws. The ZBA will invite the Building Inspector to a business meeting to discuss various issues.
Pontbriand moved to adjourn the meeting at 8:45 pm; seconded by Hankey, passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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