013f
Minutes of Zoning Board of Appeals Public Meeting
Date: October 12, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, William Nicholson, Vern Jacob, Robert Hankey Charlie Amsler, Bruce Drucker, Jeffrey Stewart and Mary Rogers, Committee Secretary.
Regrets: Sibel Asantugrul
Chair Pontbriand called the meeting to order at 7:01 pm. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
7:02 p.m. 05-25 Kenney, 1937 State Hwy, Map 29, Parcel 269-A: Application for a Special Permit under WZB 6.1.1 alteration to a cottage – enlarge existing sun room (Cont. from 7/27/06). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Charles Amsler and William Nicholson. The Kenney’s came forward, and Pontbriand read the minutes of 6/23/05 to review the case. Pontbriand said that in the interim of the original receipt, the requirement to come to the ZBA as a condominium application had been removed from the Zoning Bylaws. However, Brownies Cabins is a pre-existing, nonconforming cottage colony under a condominium form of ownership. The Building Inspector stated that a Special Permit is still required for
expansion. Mr. Kenney said he needed to replace a leaky roof, and would like to make the cottage 64 square feet larger. He understood that approval may still be required from the condo association. He did not plan to do anything, however, until the Special Permit request was resolved.
Pontbriand moved the Findings of Fact:
1. The property is in a pre-existing, non-conforming cottage colony under a condominium form of ownership.
2. This application is a reference to Unit #1.
3. The expansion would bring Unit #1 into conformity with the definition of a “cottage colony”.
4. There was no objection from abutters.
5. There is no change or increase in use.
6. The proposed alteration is not substantially more detrimental to the neighborhood than the existing structure.
Trevor Pontbriand moved to approve the Findings of Fact; seconded by Jeffrey Stewart seconded, passed 5-0.
Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
7:12 p.m. 06-27 Rozza, Jacqueline, 20 Fresh Brook Lane, Map 42, Parcel 1A: Application for a Special Permit under 6.1.1: Remove small deck and construct 16’ x 16’ deck (Cont. from 7/27/06). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Charlie Amsler. Pontbriand read the minutes from 7/27/06 reviewing the case. No one was in attendance to represent Ms. Rozza.
Pontbriand moved to table the case until the end of the meeting. The Board was in accord 5-0.
7:15 p.m. 06-25 Danforth, 5 Holbrook Ave., Map 21, Parcel 105: Application for a Special Permit under WZB 6.21: Affordable Housing (Cont. from 7/13/06). The Board for the hearing consists of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker. Jeffrey Stewart read the minutes of the meeting of July 13, 2006. Audrey Danforth said she needed to add a second means of egress from the upstairs. Although Ms. Danforth was eager to move forward, she still needed more permits, and the house had not been brought back down on the ground. Pontbriand said she should review the new stairs proposal with the Building Inspector before coming back to ZBA. She projected a December date for bringing the house down into
place, and the Board said the case could remain open.
Robert Hankey moved to continue the case to December 21, 2006; seconded by Trevor Pontbriand; passed 5-0.
7:25 p.m. 06-37 Maraspin Creek Realty Trust, 2238 Route 6, Map 23, Parcel 15: Application for a Special Permit under WZB 6.1 change of a pre-existing, nonconforming use to a proposed, more conforming use; and WZB 5.2 use closely resembling an authorized special permit use; and WZB 5.3 warehousing / open bulk storage / light industrial use to operation a wholesale building supply company, Shepley Lumber. (Cont’d from 09/14/06). The Board consists of Trevor Pontbriand, Jeff Stewart, Bruce Drucker, William Nicholson replacing Sibel Asantugrul, and Charles Amsler. Pontbriand read the minutes of 9/14/06 to review the case.
Jim Baker, Clay Gilmore and Mike Cipro, employees of Shepley, came forward to discuss the project. Mike said Laura Brown, the former owner of Consider the Lilies, was also present to discuss landscaping. Attorney Mike Ford joined the group at the table to discuss the proposed findings. He answered questions from the ZBA about the plan regarding landscaping, exterior storage, height of the building, signage in the state highway setback, fencing and lighting.
Ford provided an artist’s rendition of the building. The gatehouse was not included in the image. Cipro said two roller gates would be locked with a lockbox at night. Cipro discussed truck usage and traffic.
Pontbriand moved the Findings of Fact:
1. The premises are located within the C-2 commercial zoning district.
2. The premises are located outside of any flood of water protection overlay zones.
3. The existing seasonal retail nursery use with accessory sale of propane operated at he premises is a pre-existing, nonconforming use.
4. The petitioner proposes to operate a commercial wholesale lumber and building supply business on the premises.
5. The proposed use will be operated year-round by a local, Cape Cod company which supplies wholesale building and construction products to Cape Cod building contractors and subcontractors.
6. The proposed business at the premises will provide year-round employment.
7. The proposed use will not extend the pre-existing, non-conforming use at the premises.
8. The proposed use closely resembles in its neighborhood impact uses permitted or authorized under Special Permit in the C-2 commercial district, namely, warehousing, open bulk storage, light industrial and a contractors’ yard.
9. The buildings on the premises will conform to all dimensional regulations of the C-2 district including minimum yard setbacks, maximum height and maximum lot coverage.
10. The two existing curb-cuts at the premises will remain.
11. Four parking spaces will be provided in compliance with the WZB as no greater than ten persons will be employed at the premises.
12. The project does not propose new construction with floor area greater than 4,000 sq. ft.
13. The proposed use will not be substantially more detrimental to the surrounding neighborhood than the existing nonconforming use.
Trevor Pontbriand moved to approve the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
Pontbriand moved to grant the Special Permit based on the Findings of Fact. Bruce Drucker seconded, and the motion carried 4-1 (Nicholson dissenting).
Nicholson raised questions from ZBL 8.4.2.1 b on use and 8.4.2.2 about diversity of service.
7:35 p.m. 06-40 Okun, 955 State Hwy, Map 36, Parcel 189: Application for a Special Permit under WZB 5.3.2 for a change in use from retail trade to restaurant indoor. The business will be a chocolate café and candy kitchen. The board consists of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Charles Amsler. Ann and Peter Okun came forward to explain their business which they are relocating from Dracut. The store would produce candy for Wellfleet, Provincetown and Internet customers. They would also offer gelato, coffee and desserts. They planned changes to the building façade with landscaping that includes pergolas. They would like additional parking in the back of the
building. The trailer currently in back will be eliminated. The existing use of the restaurant will be the same but permitted for fewer seats. The sewage use will not be changed. The current twenty-nine seat restaurant will be reduced to 10 seats in the café.
Pontbriand read into record a letter from abutters, Ann E. & Peter V. R. Hall, who welcomed the change of use. Pontbriand read into record a fax from the office of Ben Zehnder representing Joyce Elaine of Gotham Trust, sellers of the property, also requesting a favorable decision for the Okuns. Drucker asked about the Rock & Roll Burrito restaurant, which is on the same parcel. Okun said the seating at that restaurant would remain. Pontbriand read a memo from Health Agent Hillary Greenberg who foresaw no issues as long as the septic gallons per day does not exceed 1627.28.
Vern Jacob asked about the cottage on the property and about parking requirements. Okun said that the required parking spaces total 14, according to Chet Lay of Slade Associates. The Okuns planned to add 20 additional spaces. Okun said there would be a 12 ft wide addition to the back of the building for storage. Building Inspector Paul Murphy said there had not been a building permit proposed yet, but he did not believe there was a setback problem.
Pontbriand said a site plan with the proposed addition would be helpful before making a decision. The Board raised questions about parking, access from the rear of the building, signage in the state highway setbacks, landscaping, lighting, displays in front of the building and a metal shed shown on the site plan. Stewart asked about change of use since there would be mail order business. Stewart recalled another business that manufactured and shipped its product, but Okun said they were not wholesale operators. Okun said they would be a year round employee, but they would be closed during the month of January for maintenance of equipment.
Pontbriand mentioned the adult novelty candies. He asked about sales and visibility of these. Okun said that curtains would be drawn when these candies were being made. Those candies would not be sold on the Wellfleet premises.
The Board asked that additional information to put on the site plan including: the footprint of the proposed building, all parking, setbacks, signage, landscaping and lighting. Okun wanted to move forward as rapidly as possible. Pontbriand offered a November 9, 2006 continuance date.
Hankey moved to continue the case to November 9, 2006. Drucker seconded, and the motion carried 5-0.
Rozza Case
During the evening no one appeared for Case #06-27 Rozza. Pontbriand moved to withdraw the case without prejudice. Drucker seconded, and the motion carried 7-0.
Other Business
Sibel Asantugrul had asked to step down, but she has not yet put her resignation in writing. Jeffrey Stewart stated he wants to step down as Vice Chair. In order to ensure quorums for upcoming meetings, the Board needs one new permanent member and one new alternate, as well as a new Vice Chair. Hankey nominated Nicholson as Vice Chair, but he declined. The Board will report back on people they contact as potential members of the ZBA.
Robert Hankey moved to adjourn at 8:50 pm; seconded by Bruce Drucker; the motion carried 7-0.
Respectfully submitted,
Mary Rogers, Committee Secretary
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