Approved
Minutes of Zoning Board of Appeals Public Meeting
Date:September 20, 2012
Time: 7:00 PM
Location:Wellfleet Sr. Center
Attendees:Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam, Mick Lynch, Sharon Inger, and Christine Bates, Committee Secretary
Regrets: Manny Heyliger, Robert Hankey and Sibel Asantugrul
Chair Jacob called the meeting to order at 7:09 pm and stated the meeting was tape recorded.
7:12 pm
12 Susan K. Urahn, 40 Way #60, Map 19, Parcel 18: Application for a Special Permit under WZB 6.1.5.1(b) to construct a 12’ x 14’ screened porch. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Sharon Inger and Mick Lynch. Chet Lay represented the applicant and stated the house was built in 1945. The lot coverage will increase from 15.17% to 18.44%. The porch will be a 3 season room with removable glass windows. The parcel was once a part of co-ownership but always considered a separate lot. An e-mail from the Grumbach’s was read into the record. The Board had
concerns with this being a preexisting, nonconforming lot and dwelling and adding to the lot coverage, lot undersized, not enough frontage, the existing house intrudes on two setbacks and the proposed porch would intro on the rear and side setback. Mrs. Urahn stated she would be willing to give up the shed on the property in order to get the porch. Chet Lay requested a continuation to October 18, 2012. Bruce Drucker moved to continue to October 18, 2012; seconded by Mick Lynch; passed 5-0.
7:10
12-29 Arthur Garbett and Meaghan Pitt, 575 Chequessett Neck Road (Oyster Cottage), Map 19, Parcel 120: Application for a Special Permit under WZB 6.1.1 to construct a second story addition, maintaining original footprint of cottage. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Mick Lynch and Roger Putnam. At the request of the applicant, Bruce Drucker moved to allow the application be withdrawn without prejudice; seconded by Roger Putnam; passed 5-0.
7:30 pm
12-26 Susannah Pabot, Trustee of the Beer Wellfleet Properties Trust, 206A Kendrick Ave, Map 20, Parcel 28: Application for a Special Permit under WZB 8.4.2 and 1) WZB 6.15 to alter an existing nonconforming single-family dwelling; or 2) WZB6.1.1 to expand an existing cottage colony by altering a residential unit therein; or 3) M.G.L.c.40 A Section 6 to alter or expand an existing cottage colony by altering a residential unit therein; or 4) to amend Special Permit No. 94-28 to alter a residential unit therein. All requests concern the proposed removal of so-called Unit #8 and replacement of the same with a single family residential structure (Cont’d
from 08/02/12). The Bord consisted of Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam, and Mick Lynch. Attorney Ben Zehnder represented the applicant and gave an overview of the history of the building permit issued and the appeal filed. Attorney Zehnder stated he will concede this is a cottage colony for purposes of this application and stated they have revised the building plans which include that all doors and windows in the basement be removed, which will mean no walk-in access to the basement other than a bulkhead but still allow the applicant to have use of the space for storage, and to pull back the south side of the exterior wall on the main floor from 40 feet to 19 feet, creating a deck area. The interior floor area will be 760 square feet. The roofline over the decking area will be maintained which is 8’ x 24’, or 192 square feet. The north side of the cottage will remain the same and the visual height will be 19’ high from the north side of the dwelling.
He stated the visual aspect of the south side of the cottage is taller than what the board would have liked to see. He stated the proposed livable floor area is less than before, and feels this meets the requirements of the bylaws.
David Reed, Attorney for abutters Ridker and Carter, stated it was established that the Board felt the original plan was too big to be a cottage and the property had to be considered a cottage colony. He stated the roofline has not changed and the area should still be counted as floor area of the building which is 1,048 square feet. He stated this would require a variance request, which the applicant has not filed for. He stated cottages normally do not have basements and two stories. Attorney Reed stated the Board should be looking at this application as if the structure had not been already built and the proposal before the Board does not change the size of the dwelling. Attorney Reed produced a photograph of the basement while under construction and noted
it is a wood frame. He gave a listing of sequences of events regarding the building permit being granted, the request for a stop work order, and the continuation of construction.
Ms. Pabot stated she had faith in the building inspector and wanted the building to be weather tight because construction could not take place during the summer, and was not aware of the complaints. The builder stated he was not aware of any complaints either.
Mr. Reed stated they are trying to make a house into a cottage. Attorney Leslie Moore, representing abutter John Daniels, stated the board does not have the authority to grant a special permit because this should be filed under a variance and this is a commercial property. Attorney Zehnder stated the board has the right to amend the original cottage colony Special Permit and he questioned Reed’s definition of floor area as there are two definitions in the bylaws. The basement, which was originally planned for livable space, will not be used as habitable space; therefore, he doesn’t feel this would be a variance filing.
Alice Carter, abutter, stated she sees the north and east side of the house; therefore, seeing more than one floor.
The Board expressed the following concerns:
· this is a two story building and the intent of the cottage colony bylaw does not allow this large dwelling.
· the basement could still be used in the future other than for storage.
· Could the basement be filled in or removed
· No need for the deck extension
Attorney Zehnder stated the applicant would be willing to fill in the basement and reduce the size of the decking.
Bruce Drucker stated the applicant for the special permit must show that this dwelling is a cottage under the Wellfleet ZBL to be considered for a special permit and if it’s a cottage, must show that the board should exercise its discretion to grant a special permit under the applicable criteria contained in the WZBL. Mr. Drucker explained the majority of cottage colonies were built in the 1950’s or earlier and were initially unregulated. In 1966 a cottage colony bylaw was put in place. In 1975 there were several revisions to the bylaw which has remained the same through the current WZBL. Mr. Drucker read the WZBL definition of a “Cottage Colony” and read the WZBL
definition of “Floor Area of a Building”. At the present time, the majority of the cottages are condominiums and the change of ownership encouraged the individual cottage owners to apply for special permits to expand their cottages, as long as they look like a cottage and stay within the WZBL square footage of 768 sq ft. He stated he feels the basement and roof decking on the proposed plan would count as floor area under the WZBL and he does not feel the board has the authority to grant a special permit for the construction of a dwelling in a cottage colony that isn’t a cottage as defined by the WZBL.
The Board discussed whether the dwelling would be considered a cottage. Attorney Zehnder asked the Board if the basement is removed (or filled in) and roofing over the deck is eliminated, could it be considered a cottage. The Board indicated a plan would be needed to make that determination. He requested a continuation in order to bring in revised plans. The builder stated he can fill the basement with sand to make a crawl space. Roger Putnam moved to continue to October 18, 2012; seconded by Bruce Drucker; passed 5-0. The Board stated this would be the last continuation granted. Plans need to be submitted by October 11.
Other Business
Meeting Minutes: Bruce Drucker moved to approve the 08/16/12 meeting minutes; seconded by Roger Putnam; passed 6-0.
Bruce Drucker moved to adjourn at 8:55; seconded by William Nicholson; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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