Minutes of Zoning Board of Appeals Public Meeting
Date: November 9, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, William Nicholson, Vern Jacob, Robert Hankey, Bruce Drucker, Jeffrey Stewart and Christine Bates, Committee Secretary.
Regrets: Charlie Amsler
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
7:04 06-41 Denis and Judith Moran, 1937 State Highway, Map 29, Parcel 269K: Application for a Special Permit under WZB 6.1.1; expansion of cottage (Cont’d from 10/26/06). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Vern Jacob. Pontbriand read the meeting minutes of 10/26/06. The Moran’s supplied a site plan identifying the setbacks, as requested. Pontbriand moved for Findings of Fact:
1) This is a pre-existing non-conforming cottage colony under a condominium form of ownership.
2) The application is in reference to unit #11.
3) There will be a further intrusion into the north side setback of approximately 3 feet.
4) There was no objection from abutters
5) There will be no change or increase in use.
Pontbriand moved to approve the Findings of Fact; seconded by Stewart; passed 5-0. Hankey moved to approve the Special Permit based on the Findings of Fact; seconded by Pontbriand, passed 5-0.
7:15 06-36 Marc and Rhonda Fowler, 11 Pine Point Way, Map 21, Parcel 47: Application for a Special Permit under WZB 6.15.2.b to demolish existing shed and carport and replace with garage and decking (Cont’d from 09/28/06). The Board consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, Bruce Drucker, and Vern Jacob replacing Charles Amsler, with the applicant’s permission. The meeting minutes of 09/28/06 were read. Chet Lay and Rhonda Fowler gave an update of the proposed plan. Chet Lay reported the proposed project has been approved by the Board of Health and the Conservation Commission. There is less of an intrusion into the setbacks. A letter from an abutter which expressed concerns was reread. Pontbriand moved for Findings
of Fact:
1) The existing lot is non-conforming due to insufficient area and frontage.
2) The existing carport/shed is non-conforming due to an intrusion into the east side setback.
3) The proposed garage will reduce the intrusion into the east side setback by 4.7 feet.
4) There will be a reduction in the volume of the structure within the setback.
5) There is no change in use.
6) placeLot coverage will remain below 15%.
7) The proposed garage will not be substantially more detrimental to the neighborhood than the existing structure.
Pontbriand moved to approve the Findings of Fact; seconded by Drucker; passed 5-0. Pontbriand moved to approve the Special Permit based on the Findings of Fact; seconded by Hankey; passed 5-0.
t7:45 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 (Cont’d from dateYear2006Day12Month1010/12/06). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Bruce Drucker replacing Charles Amsler with the applicant’s permission. The meeting minutes of 10/12/06 were read. Robert Silveia of Grace Chapel Assembly of God stated he was opposed to the change in use because he had heard it was going to sell adult products. Patty Lemming stated the Okun’s location in placeCityProvincetown is a family oriented store. A new site
plan was received. Discussion took place with the applicant regarding the procedure to control the security of the novelty items, both during manufacture and at the store. Okun stated there would be no retail of the adult products and they would not be visible in the retail store. The candy kitchen will have curtains which will be drawn to block the windows when the product is manufactured. It will be packaged and boxed on site and transported to placeCityProvincetown. The candy making facility will be moved from its current location in placeCityDracut to Wellfleet. There will be two viewing windows on the inside to see the manufacturing of candies. Stewart asked for a description of the novelty adult candies and Okun responded. Okun stated the majority of chocolates are standard candies. Okun stated there is no capacity to make the adult chocolates in placeCityProvincetown due to the size of the store. The Board
questioned the Okun’s as to why they had not divulged information regarding the adult novelty candy at the first hearing. Mrs. Okun stated it is approximately 10% of their business and they want to be identified as a café and candy store. Attorney Ben Zehnder, representing the current owners of the property, questioned if the proposal would trigger the adult use bylaws. He proposed the Board set conditions to block the view of the manufacture of the adult products from the public. Building Inspector, Paul Murphy, concluded there is nothing wrong with the application and that the proposed use or activities are not prohibited based on the bylaw. After further discussion, Mr. Okun stated they want to maintain the windows for viewing the manufacture of candies and that a screen or curtain would be utilized when making the adult novelties. Pastor Silveia stated if the manufacture of the novelty candies were kept away from the public view,
he would not have objections to the proposal. Okun gave an overview of the proposed lighting, landscaping, parking, walkways, etc. Pontbriand moved for Findings of Fact:
1) There was no objection from abutters.
2) There will be an increase in the total number of restaurant seats on the property, but will remain within the current septic capacity.
3) Sufficient parking has been provided for the proposed uses.
4) The proposed business will provide for local, year round employment.
5) A small portion of the business will be the manufacture of adult novelty products for sale off site; this is a permitted use in this district, similar to light industry.
6) The proposed expansion to the building is outside of the setbacks
Pontbriand moved to approve the Findings of Fact; seconded by Drucker, passed 5-0. Pontbriand moved to approve the Special Permit based on the Findings of Fact with the following conditions:
1) The hours of operation shall be 6:30 am to 10:00 pm
2) When the establishment engages in the production or manufacturing of adult novelty items, the process shall be shielded and cannot be viewed by the public.
seconded by Drucker; passed 4-1, with Stewart voting negatively to the project.
8:30 06-42 Susan Hayden, Trustee, 85 Rockwell Ave., Map 24, Parcel 158: Application for Special Permit under WZB 6.1.5: construction of second floor and decking (cont’d from 10/26/05). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Vern Jacob replacing Charles Amsler, with the applicant’s permission. The minutes of 10/26/06 were read. Attorney Ben Zehnder and Mr. Hayden gave an overview of the new revised plans. The revised plans show a decrease of 106 square feet of living space and a volumetric reduction of 1,000 cubic feet from the original plans. The accessory structure will remain. The Board was in consensus that the new proposal is positive in that changing from a two
family dwelling to a one family will reduce the intensity and usage, and there are significant reductions in volume from the original plan. Pontbriand moved for Findings of Fact:
1) The existing lot is non-conforming due to insufficient area and frontage.
2) The existing structure is non-conforming due to intrusions into the front and both side setbacks.
3) There will be a reduction in the intensity of use on the property as the structure is changing from a two family dwelling to a single family dwelling.
4) The National Seashore has approved the proposal.
5) The Board of Health has approved the proposal.
6) The proposed addition is within the footprint of the existing structure.
7) There will be a volumetric increase within the setbacks.
8) The proposed deck is within the side setbacks but does not intrude any further than the existing house.
Hankey moved to approve the Findings of Fact; seconded by Jacob; passed 5-0. Hankey moved to approve the Special Permit based on the Findings of Fact, seconded by Pontbriand; passed 5-0.
8:55 06-44 Ferber, 935 State Highway, Map 36, Parcel 190-C: Application for a Special Application under WZB 6.1.1 to expand cottage. The Board consisted of PersonNameTrevor Pontbriand, Jeffrey Stewart, Robert Hankey, PersonNameWilliam Nicholson and PersonNamePersonNameBruce Drucker. PersonNameDavid Ferber explained the cottage is 302 square feet and they would like to add a living area. Pontbriand read a letter dated November 6, 2006 from Allen and Merrick, abutters, approving the plan, as well as a letter from Jim Breslin dated November 20, 2006 stating he had no objections. Pontbriand stated this application is very similar to the neighboring cottage which had received approval to expand at a recent ZBA hearing. After reviewing the plans, it was determined
this addition would create a new nonconformity in the form of an intrusion into the rear setback. The Board requested Mr. Ferber review alternatives to the proposal. Pontbriand moved to continue to December 14, 2006; seconded by Drucker; passed 5-0.
Other Business
The Board discussed the need for applicants to verify their status as pre-existing non-conforming and eligibility to receive a Special Permit. They determined old photographs, survey site plans, permitting books, and information from the Assessors office would be considered as acceptable. Building Inspector Paul Murphy stated he did not feel it would be a burden to request this information from applicants.
Pontbriand moved to appoint Bruce Drucker as a permanent member; seconded by Stewart; passed 5-0.
During the 11/08/06 business meeting, the following meeting minutes were reviewed and approved:
Pontbriand moved to approve the September 28, 2006 meeting minutes as presented; seconded by Drucker, passed 7-0.
Pontbriand moved to approve the October 12, 2006 meeting minutes as presented, seconded by Drucker; passed 7-0.
Pontbriand moved to approve the October 26, 2006 meeting minutes as amended; seconded by Nicholson; passed 6-0.
Pontbriand moved to Adjourn at 9:15 pm; seconded by Jacob; passed 6-0.
Respectfully Submitted,
Christine Bates
Committee Secreetary
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