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Zoning Board of Appeals 06/22/06
urn:schemas-microsoft-com:office:smarttags013fMinutes of Zoning Board of Appeals Public Meeting

Date:           June 22, 2006
Time:           7:00 PM
Attendees:      Trevor Pontbriand, Jeffrey Stewart, Vern Jacob, William Nicholson, Sibel Asantugrul,  Robert Hankey Charlie Amsler, Bruce Drucker, and Christine Bates, Committee Secretary.  

Chair Pontbriand called the meeting to order at 7:00 pm.  Chair Pontbriand gave an overview of the hearing process.  

Elections:  Robert Hankey moved to elect Trevor Pontbriand as Chair for the 2006/2007 year; seconded by Bruce Drucker; passed 8-0.  Robert Hankey moved to elect Jeffrey Stewart as the Vice Chair for the 2006/2007 year; seconded by Trevor Pontbriand; passed 8-0.  Bruce Drucker moved to elect Robert Hankey as the Clerk for the 2006/2007 year; seconded by Jeffrey Stewart; passed 8-0.


7:05 pm    06-15   Harborside Village Cooperative Corporation, Harbor Lights Circle and Weatherly Ave, Map 20, Parcel 19:  Application for a Special Permit under WZB 6.1.1 and 6.1.5 to replace 17 existing trailers with 17 new trailers set on piers, above base flood elevation and not in the Floodplain District (Cont’d 05/25/06).  The Board for the hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Bruce Drucker.  Myer Singer, Attorney for the applicant, reiterated the applicant’s position that a full site plan, which was requested by the Board, was not necessary based on the plans submitted as well as the cost to the cooperative.  He stated the numbers provided for lot coverage were relatively accurate and that trailers do not count as lot coverage (per the Building Inspector).  

Pontbriand read a letter dated June 22, 2006 from the Wellfleet Planning Board.  They requested if the Special Permit was granted for the replacement trailers, that they be relocated out of the layout of the Taylor Hill subdivision roads and onto the lots as much as possible.  Myer responded that this is not possible and probably not necessary as these are paper streets.  Liz Stansell stated the trailers have been located in the park over 25 years and the septic lines are for the current placements.  She also questioned why the Planning Board did not bring up this issue when they reviewed the paperwork when the cooperative was formed.  The Zoning Board was concerned the letter was received on the day of the hearing, as well as there being no signature or representative from the Planning Board.  Stewart suggested the Zoning Board contact Planning Board regarding this issue.
Sibel Asantugrul asked the applicant about Fire Department access.  Liz Stansell stated the trailers have eight and ten foot setbacks between each one as per Fire Department regulations.  Stewart suggested contacting the Fire Department and Police Department to confirm safety issues.  Robert Hankey identified an error on the Coastal Engineering Plans in the “notes section (9)”.  Stansell stated this was copied from a 1991 plan and was a typographical error.  Further discussion took place regarding the need for a surveyed site plan.  The Board was concerned that omissions or inaccuracies with the submitted plans and calculations could impact future applicants from the Park.  Myer stated it is up to the cooperative to protect all owners within the Park and not the Town.  The applicant requested the Board make a decision.  The Board suggested a recess from this case and return to it after hearing the other cases, to which the applicant agreed.

timeMinute40Hour208:40 pm   06-21  Lewis/Johnson, Harbor Lights Circle Drive, Map 20, Parcel 19 (Site 2048):  Application for a Special Permit under WZB 6.1.1:  Replace existing deck with a screen porch and additional decking.  The Board for this case was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Sibel Asantugrul.  A site visit was made.  Jamie Johnson explained they wanted to replace the existing deck with a screened porch and create a new decking area.  She produced a copy of the approval from the Co-Op dated June 2005.  Vi O’Connor, of the Co-Op Board, stated no action was to be taken by any other trailer owners until after Case 06-15 was resolved.  The Board suggested Ms. Johnson would also have to go before the Conservation Commission.  Robert Hankey moved to continue to August 10, 2006; seconded by Trevor Pontbriand; passed 5-0.  


timeMinute0Hour219:00 pm  06-22  Danforth, addressStreet5 Holbrook Ave., Map 21, Parcel 105:  Application for a Variance from WZB 6.2:  Relief from side setbacks for an placePlaceNameAccessory PlaceTypeBuilding.   The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Sibel Asantugrul.  A site visit was made.  Ms. Danforth stated she wanted to build a 14 foot by 18 foot shed on an existing concrete slab within the side setback.  Chuck Atkinson, an abutter, questioned what is being rebuilt and where will it be placed.  Pontbriand told Danforth the application was for a variance, and after reviewing the variance bylaw, the Board determined the variance requirements could not be met.  Danforth requested to withdraw the application without prejudice.  Robert Hankey moved to allow a withdrawal without prejudice; seconded by William Nicholson, passed 5-0.

9:25 pm.   Harborside Village Cooperative (Cont’d).  Vinnie Massina, President of the Cooperative Board of Directors, asked the Board if they would accept an aerial photograph with all sites superimposed by CAD.  Lot coverage can be accurately calculated from the CAD drawing.  The Board agreed to this request.  Trevor Pontbriand moved to continue the hearing to September 14, 2006; seconded by Jeffrey Stewart; passed 5-0.

Business Meeting:

Robert moved to approve the meeting minutes of April 27, 2006 a presented; seconded by William Nicholson; passed 7-0.

William Nicholson moved to approve the meeting minutes of May 11, 2006 as presented; seconded by Robert Hankey; passed 8-0.

Trevor Pontbriand moved to approve the meeting minutes of May 25, 2006; seconded by Robert Hankey; passed 7-0.

Bruce Drucker moved to approve the meeting minutes of June 8, 2006; seconded by Trevor Pontbriand; passed 6-0.

Jeffrey Stewart moved to have Trevor Pontbriand contact the Planning Board regarding the Harborside Village Co-Op letter and provide clarification as well as send a representative to the next meeting; seconded by Bruce Drucker; passed 7-0.   

Robert Hankey moved to adjourn the meeting at 9:55 pm; seconded by William Nicholson; passed 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary