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Minutes of Zoning Board of Appeals Public Meeting
Date: July 13, 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.
Public Hearings:
7:05 06-20 Michael and Rebecca Finn, 320 Priscilla Road, Map 24, Parcel 82: Application for a Special Permit under 6.1.5 to alter a non-conforming single family dwelling by increasing living space and enlarging outside decking. (Cont’d from 6/08/06). Board members for this hearing were Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Bruce Drucker and Charlie Amsler. Representing the applicant were Attorney Ed Patten, Land Surveyor Chet Lay, Architect Matt Miller and Landscape Designer Heather Highmark. Stewart read the minutes from June 8, 2006. The applicant distributed new site plans which included revised decking intended to reduce the environmental and site grading issues. Heather Highmark spoke about the landscape
plans, and explained that the proposed decking will remain at the height of the existing decking. She stated that the proposed vegetation will screen the view of the lower level from the surrounding properties.
Ben Zehnder, Attorney for an abutter, stated the dwelling will be very visible from abutting properties and suggested the applicant consider utilizing the bottom floor for habitable space to reduce the height of the structure. There was considerable discussion amongst the Board regarding the height of the structure, setback concerns, and view obstruction to abutters. Pontbriand suggested that the hearing be continued to allow the Board time to review the newly distributed materials, and to allow the applicant to pursue alternative proposals. Chet Lay requested a summary of the concerns of the Board which were: structure height (the Board requested that the applicant consider the possibility of lowering the structure or eliminating the second floor by utilizing the walk-out basement), the proposed
decking within the setbacks, the size and height of the chimney, and whether any of the proposed landscape elements would count as lot coverage (such as the vehicular deck). Pontbriand moved to continue to August 24, 2006; seconded by Stewart; passed 5-0.
7:52 pm 06-23 Kevin Millet and Leonard D’Italice, 2766 Route 6, Map 15, Parcel 146: Application for a Special Permit under WZB 5.3.2: Change use of commercial area to include Retail, Wholesale and Gallery. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Sibel Asantugrul. Kevin Millet and Leonard D’Italice gave an overview of their former business in Salem. They are currently leasing the gallery space on the property where they are offering wholesale silk screening and banners, as well as artwork and souvenirs. There will be no alterations to the structure and no equipment will be permanently affixed. The sign for the business has been approved by the Building Inspector. The former tenant,
Al Davis, stated he has discontinued his tax ID; therefore, the Davis Gallery is non-existent. Millett stated all materials used contain natural ingredients and are non-toxic. Pontbriand moved for Findings of Fact:
1. The existing structure is used as an antique shop / art gallery.
2. The proposed use will be for a retail trade business.
3. The proposed use will not be more intense than the previous use.
4. There are no objections from abutters.
5. There are no changes to the structure.
Pontbriand moved to approve the Findings of Fact; seconded by Stewart; passed 5-0.
Pontbriand moved to grant the Special Permit based on the Findings of Fact with the following conditions:
1. The hours of operation shall be 9:00 am to 9:00 pm, seven days per week.
2. The existing exterior lighting is to be maintained as is.
3. There shall be no outside display of merchandise.
seconded by Hankey; passed 5-0.
8:20 06-24 West Waters , 293 Route 6, Map 23, Parcel 211: Application for a Special Permit under WZB 5.4.13: allow more than one principal use in commercial district by adding a retail tow-behind landscape and enclosed storage trailer business to property. The Board for the hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Sibel Asantugrul. Mr. Waters gave an overview of the proposed project. Pontbriand read into the record a letter from J. B. MacGregor of Cape Commerce Nominee Trust granting permission to sell Cargo-Utility Trailers from the parking lot, as well as a letter from Sarah Paine Curley, proprietor of The Furies cleaning service, requesting if the permit is granted, that the trailers be located on the north side or in back of
the building. Dan Silverman, a neighbor, expressed concern regarding the continued expansion in the use of the property over the years. He stated the landscaping has deteriorated and the parking lot is being used to store items such as vehicles, boats, etc. Bob Costa also expressed concern over the intensity of use on the property. He referred to previous hearings (including the Cape Cod Commission) and stated there were to be no more than four businesses on the property. Jim Arnold, an abutter, objected to the project and commented on the amount of items currently stored in the parking lot.
The Board discussed issues including concerns regarding parking, storage of items in the parking lot, the existing storage trailers in back of the building, and whether the applicant should be the owner of the property or the owner of the business. Mr. Waters requested to withdraw the application without prejudice. Pontbriand moved to allow the application be withdrawn without prejudice; seconded by Hankey, passed 5-0.
06-25 Audrey Danforth, 5 Holbrook Avenue, Map 21, Parcel 105: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Sibel Asantugrul. Ms. Danforth reviewed the proposal to add an affordable accessory use to the dwelling. A letter from Hillary Greenberg, Health Agent, dated July 13, 2006 was read into the record in support of the project. Pontbriand stated the applicant has a Special Permit from 2005 which has not been completed, and expressed concern with the proposed increase in use as well as the work remaining, including completion of the foundation, re-connecting the house to the septic system, and construction of the stairway and second floor
dormer. Stewart questioned whether a Certificate of Compliance would be required prior to the Board granting this application. Ms. Danforth explained that she wanted to be able to construct the second floor as an apartment, with the appropriate plumbing and electrical work, etc. Paul Murphy, the Building Inspector, stated Danforth can do everything required for the apartment except to put in a stove. Danforth requested a continuation to October 12, 2006 in order to complete the outstanding projects on the property. Hankey moved to continue to October 1, 2006; seconded by Nicholson; passed 6-0.
Other Business
Trevor Pontbriand read a letter from the Chair of the Non-Resident Taxpayers Association inviting members of the ZBA to participate in a meeting scheduled for July 31, 2006 from 7:30 to 9:00 pm regarding the future of downtown Wellfleet.
Bruce Drucker recommended that when a hearing is continued, all outstanding or requested materials such as drawings and plans be submitted to the Board 7 days in advance or they would not be considered at the next hearing.
Trevor Pontbriand moved to adjourn at 9:40; seconded by Robert Hankey, passed 8-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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