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Zoning Board of Appeals 04/22/04
Date:           April 22, 2004  
Time:           7:30 PM
Location:       Town Hall Meeting Room

Attendees:      David Rowell, Peter Watts, Jeffrey Stewart, Charles Amsler, Robert Hankey, and Christine Bates, Committee Secretary

Regrets:                Steve Rose, William Nicholson, Trevor Pontbriand, Sibel Asantugrul

Public Hearings:

7:30    #04-09, Dorothy Dolan,165 Main Street, Map 15, Lot 72:  Request for Special Permit pursuant of Wellfleet Zoning Bylaw 6.21:  Affordable Accessory Dwelling Unit. Dottie Dolan represented herself.  She handed out site maps for the board.  She stated she has been renting out the downstairs since approximately 1990 after her husband passed away, mostly as a seasonal rental. She stated she had never gotten a permit for renting.  Because she heard that the Town would get credit for affordable dwellings, she wanted to participate in that.  She also stated she would feel good about having someone in the house year round.

        Robert Hankey asked if the tenant would be parking at the garage and she said yes.  Peter Watts wanted to know if the person qualifies for the affordable housing and Dottie stated the person pays below affordable rental now.  Charlie Amsler stated it would be nice for her to have someone she already knew stay at the house based on the busy street.  Jeffrey Stewart questioned the access doors to the apartment and questioned if there was any documentation to confirm eligibility.  Peter Watts stated our Board is only required to determine the Special Permit approval and the tenant and owner of the property work with the Town on other issues.  It was determined the unit is less than 1,200 square feet.  David Rowell asked if there was appropriate light and ventilation.  He questioned if the Fire Department needed to approve hardwired smoke detectors.  Dottie stated the smoke detectors were battery operated, but would have no problem installing detectors up to code.  Peter Watts read the Bylaw that states the owner goes to the Building Inspector for issues on codes and compliance.  Dottie stated the house is listed in the Historic District and is a certified antique house. She stated the basement of the house was finished off prior to 1990.  

        Charlie Amsler questioned if this would be filed with her deed in Barnstable County.  Paul Murphy, Inspector of Buildings, will make a site visit.  Peter Moved to continue the hearing to
        May 13, 2004; Seconded by David Rowell, Passed 5-0.

7:55    #04-10 Lawrence and Laurie Smith, 85 Howes Road, Map 29, Lot 272,
        Request for Special Permit for change of use of shed to stable.
        Mr. and Mrs. Smith came to the table and stated they have appeared before the Board of Health and were approved.  The ZBA did not have the attachment which stipulated the conditions.  Mr. Smith to supply.  The Smith’s provided an avadavat for a horse permit for the year 2003.  David Rowell read a letter from Mr. E. Richard Davis, an abutter who protests the special permit.  The Lawrence’s stated they place manure in barrels daily and take to the Eastham dump regularly.  The Smith’s have had the horse since December 2001.  David Rowell expressed concern regarding lot size.  Jim and Mary Willis of the audience, stated there are four to five horses in the area.  They stated there is no increase in flies to the area and all health issues are up to standards.  
        David Rowell Moved to continue the hearing to May 27, 2004; Seconded by Robert Hankey; Passed 5-0.

        Paul Murphy, Inspector of Buildings, came to the table to discuss the affordable accessory dwelling unit definition.  It was recommended any questions be forwarded to Rex Peterson.  Paul Murphy stated he would make a site visit to Ms. Dolan’s house.  

        Jeffrey Stewart suggested the last sentence in the letter to abutters be eliminated.  “If you have no objection, you need do nothing”.  Jeffrey feels it is important for abutters to make positive statements as well as objections.

        David Rowell Moved to adjourn meeting at 8:35; Seconded by Robert Hankey, Passed 5-0.

        Respectfully submitted,

        __________________________________                      _________________________
Christine A. Bates, Committee Sec’y                       David Rowell, Vice Chair