Wellfleet Planning Board
Minutes of Meeting Wednesday, June 21, 2006
Town Hall Hearing Room, 7:00 p.m.
Present: R. Dennis O’Connell, Benjamin Gitlow, Gerald Parent, Barbara Gray, David Rowell, Stephen Oliver, Rex Peterson, Assistant Town Administrator
Absent: Alfred Pickard
Chairman Dennis O’Connell called the meeting to order at 7:00 p.m.
Non-Conforming Lots – Draft bylaw
O’Connell had prepared a proposal for changes to Zoning Bylaws 6.1.5, 6.1.5.1, 6.1.5.2 and 6.1.5.4. The purpose of his proposed change was to remove the ability of a property owner of a non-conforming structure and/or lot to petition the ZBA for a Special Permit to allow alterations. This would then make the alterations only through Variances. After a public hearing ZBA grants Special Permits based on criteria in the Zoning Bylaws (ZBL) including if there are no objections from abutters, O’Connell said. Current bylaws state that non-conforming structures may be altered with Special Permits.
Rowell said that conforming structures exist on non-conforming lots. These could be altered via variances, according to Rowell. Rowell also cited a non-conforming structure on a conforming lot. Rowell reviewed criteria needed for Variances. Parent compared issuing Special Permits and issuing Variances. Rowell said changing the present criteria would change virtually all the properties within the Seashore. Coverage, height and set backs are the three criteria O’Connell considered for changing the bylaw. Parent said changing would create an undue hardship.
Parent said the bylaw was passed around 15 years ago, and there had been no major problems. Parent said he was not convinced about changing the existing bylaw. Gray asked about state regulations. She also mentioned independent, protected, undeveloped lots. Parent explained that the first building on an independent lot is allowed under the ZBLs at the time of its establishment; any addition would require a Special Permit.
Changing bylaw specifications from a Special Permit to a Variance would make alterations more difficult, said Parent. An applicant seeking a Variance couldn’t even get to the hardship part if the application lacked the other criteria necessary; the Variance can’t even be discussed, he said. O’Connell’s concern was continued/increased encroachment into lot lines. Rowell felt totally striking the old bylaw would be very tough. O’Connell said a person buying an inadequate house should be aware of it. Parent said the ZBA has erred on the side of caution on rulings for Special Permits.
What is “detrimental to the neighborhood” is not clearly defined in the Wellfleet Zoning Bylaws (WZB). Parent said “neighborhood” is not defined in the bylaws either. ZBA has a great deal of latitude in determining neighborhood as well as what is detrimental.
Parent said if a structure is conforming but is on a non-conforming lot, it was built around 1975. Buildings from then on had to be conforming. Parent could entertain the idea that conforming buildings on non-conforming lots could have to get variances because they would have setbacks in place. O’Connell recalled a Don Schmidt definition that identifies a structure on a non-conforming lot is a non-conforming structure.
Parent said the general public has not abused the special permit process. Rowell said the discretion of the ZBA sometimes forces an applicant to change plans and reapply for a Special Permit. Peterson suggested that Building Inspector Paul Murphy be invited to look at the proposal to change the bylaw. Parent said currently very few Variances have been granted. Gitlow said the bylaw change proposal’s intent should be clearly identified. Parent said the ZBA could be contacted for its opinion and the identification of problematic decisions it has faced. O’Connell will work on a letter to the ZBA and Building Inspector inviting their comment.
Fee Schedule
The Board examined the new fee schedule for the Town of Orleans. Parent said the Orleans fees were a means of raising revenue. O’Connell said the fee schedule had been considered in the past. Gray suggested scheduling a public hearing for an increased fees proposal. Peterson will get the fees’ comparison study which Orleans did before they changed their rates.
Cluster Development (Smart Growth)
The discussion on cluster development will be postponed until fall.
Minutes of 6/7/2006
Rowell moved to approve the minutes of June 7, 2006. Gray seconded, and the motion carried 5-0.
Mail
Three items of mail were considered:
1.) State of the Wellfleet Harbor Planning Committee announced the date of Saturday, November 4, 2006 for its annual conference. They invited PB to be a co-sponsor of the Sate of the Harbor Conference. Gray moved to co-sponsor the Conference. O’Connell seconded. The motion carried 6-0.
O’Connell recused himself from the discussion as Wellfleet Conservation Trust is an abutter to the subject property.
2.) Harborside Village was included in the upcoming ZBA cases for June 22, 2006. This would be a time to get the trailers out of the roads, according to Rowell. Parent moved that PB write a letter to ZBA suggesting the replacement trailers be relocated out of the roads if conveniently feasible. The trailers could be situated on lots instead of in the road. Oliver seconded. Motion carried 5-0-1.
3.) Audrey Danforth of 5 Holbrook Ave. is applying for a Variance from the ZBA. This was a matter of interest to PB.
Other Business
The subcommittee is waiting for Parent to review the proposed revision of the Rules & Regulations.
Gitlow had three items of concern. He wanted the Planning Board to examine Chatham’s nitrogen study. He was also concerned about endangered species on subdivisions and would like a list of plant and animal species that are protected. He asked if this should be a Planning Board consideration for subdivisions. His third concern was about the creation of virtual roads for the sake of frontage.
David Rowell would like to seek CPA funds to see what it would take to gain access to the Town owned “Airstrip” (Map 42, Parcel 501) within the National Seashore for a future beach or other use for the Town. Parent discussed parcels that lack access. Rowell would seek funding to get legal opinion on gaining access to the property.
Parent said he was among eight people who had separately asked the Building Inspector about a hot dog stand on Rte. 6. The Building Inspector is requesting that a Special Permit be required to operate the stand.
The next meeting will be held July 19, 2006.
Adjournment
Gray moved to adjourn. Gitlow seconded, and the motion carried 6-0. The meeting adjourned at 8:55 p.m.
Respectfully submitted,
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Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
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