013fMinutes of Zoning Board of Appeals Public Meeting
Date: January 25, 2007
Time: 7:00 PM
Place: Wellfleet Senior Center
Attendees: Trevor Pontbriand, Jeffrey Stewart, Vern Jacob, William Nicholson, Charlie Amsler, Roger Putnam, Robert Hankey, and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
7:05 pm 07-07 Judith L. Filliman-Tesson, 95 Howes Rd., Map 29, Parcel 271: Application for a Special Permit under WZB 5.3.1 to change the use of a shed to a stable. The Board for this hearing consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Charlie Amsler. Judith stated the shed is already being used as a stable. Larry Smith, abutter, stated he has concerns with the location of the existing corral creating issues with the road. The Board advised Mr. Smith he would have to discuss this concern with the Building Inspector and that the application before the Board is for the change of use of the shed. Paul Murphy stated this is an after the fact filing. The old shed is preexisting and within the setbacks. The part of the
building used as the stable is not within the setbacks. Judith presented the Board with a letter dated Feb. 5, 2004 from the Health Agent, Emily Beebe, advising her she needed to come before the ZBA. The Board of Health is currently holding her stable permit until she gets approval from the ZBA. Trevor Pontbriand moved for Findings of Fact:
1. The stabling of horses has occurred on the property for a number of years.
2. The size of the existing stable will be increased by 128 sq. ft.
3. There were no objections from abutters.
4. The ownership of farm animals is in keeping with the neighborhood.
5. The application is in response to an enforcement action by the Building Inspector.
Jeffrey Stewart moved the Findings of Fact; seconded by William Nicholson; passed 5-0. Trevor Pontbriand moved to grant the Special Permit based on Findings of Fact; seconded by Jeffrey Stewart; passed 5-0.
7:25 pm 07-08 Harvey Shrage and Amy Cohen, 60 Designer’s Road (B), Map 23, Parcel 7-I: Application for a Special Permit under WZB 6.1.1 to construct an attached screen porch to condo. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Vern Jacob. Nick Watkins represented the applicant and gave an overview of the project. He stated the actual size of the cottage is 16’ x 24’, which differs from what is shown on the assessors map. The proposed addition has been approved by the president of the condo association. There will be only screens, and no windows installed in the porch. Trevor Pontbriand moved for Findings of Fact:
1. This is a preexisting, nonconforming cottage colony under a condominium form of ownership.
2. The application is in reference to unit “B” as per the deed.
3. The proposal will increase the square footage of the cottage to 680 square feet, which meets the definition of a cottage within our bylaws.
4. The proposal has been approved by the president of the condo association.
5. There will be no intrusion into the setbacks.
Robert Hankey moved to approve the Findings of Fact; seconded by William Nicholson; passed 5-0. Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact, with the following conditions:
1. The addition shall remain as a screened porch.
Seconded by Jeffrey Stewart; passed 5-0.
8:05 07-06 Jay Horowitz for Roger Cacchiotti, 180 Commercial St., Map 21, Parcel 91: Application for a Special Permit under WZB 6.1.5.1(b) to reconstruct kitchen wing with a new one story addition. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Charlie Amsler. Jay Horowitz represented the applicant. Horowitz gave an overview of the proposed addition. This is a preexisting, nonconforming lot and structure. The existing lot coverage is 24.3% and the proposed addition would bring the lot coverage to 26.3%. Horowitz provided a number of reasons why he felt this should be approved. The existing septic system will be upgraded, and the project will be reviewed by the Board of Health. The Board
questioned if the project would have to be approved by the Historical Review Board. The Board requested Horowitz provide them with a statement from the Historical Review Board as to its position, plans showing the building elevations, dimensions of the building, and septic approval from the Board of Health. Horowitz requested a continuation to March 22, 2007. Pontbriand moved to grant a continuation to 03/22/07; seconded by Stewart; passed 5-0.
Other Business:
Meeting Minutes:
Pontbriand moved to approve the Nov 9, 2006 meeting minutes with amendments; seconded by Hankey, passed 5-0.
Hankey moved to approve the Dec. 14, 2006 as presented; seconded by Pontbriand; passed 7--0.
Stewart moved to approve the Jan. 11, 2007 as amended: seconded by Pontbriand; passed 5-0.
Trevor Pontbriand moved to cancel the normally scheduled meeting of February 22, 2007 due to projected lack of quorum.; seconded by Jeffrey Stewart; passed 7-0.
Jeffrey Stewart moved to adjourn at 8:40 pm, seconded by William Nicholson; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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