Minutes of Zoning Board of Appeals Business Meeting
Date: October 24, 2007
Time: 8:00 am
Place: Town Hall Conference Room
Attendees: Robert Hankey, Vern Jacob, , Manny Heyliger, Bruce Drucker, William Nicholson, Roger Putnam and Christine Bates, Committee Secretary.
Guests: Lauren McKean and George Price of the National Seashore
Regrets: Don Palligrino and Trevor Pontbriand
Vice Chair Drucker called the meeting to order at 8:02 am
Business:
Drucker thanked Lauren McKean and George Price for coming to discuss ZBA matters in the National Seashore. He stated the Board is interested in what they have to say about residential projects in the seashore. George stated that based on some research on the intent of zoning for the park when it was established, this was the first time personal property was put within the park and it was not the intent to take personal property. From the history of 1961, the park was asked if they wanted stricter regulation with more rules directive to the towns. The park said no, they wanted to work with the towns. A number of years ago the park made guidelines for what the zoning should look like; however, they never became law. The park was sensitive to the long-term family owners; however,
today developers who have money are taking advantage of the zoning regulations and changing the character.
Lauren stated there was discussion to simplify the process so the people could go to the town for guidance. Another thing that arose was that the seashore should change the zoning regulations established in 1962. If the regulations were changed to new criteria and the towns did not agree to them, the towns would be subject to condemnation. They elected not to do that and work with the various towns with their own bylaws. She stated the work they are doing with Truro will have an impact. They are looking at a sliding lot coverage and individual site plan reviews. There is a round table with members of various communities. Lauren stated a lot of activity is being done at Wellfleet by the Sea.
Vern Jacob questioned what the role is of the National Seashore as an abutter, since some attorneys have stated they should not be treated any differently. Lauren stated this is an incorrect position because they have different zoning regulations from a regional solicitor George stated the seashore is different than an abutter because it is within the national park and when the park was established, there was to be a mutual understanding on what was to go on within the park. The park plans to have discussions with attorneys. The Board agreed the seashore’s comments need to be taken into consideration and the park needs to identify how a project affects them and their objectives. The park has been responding in a timely manner with their remarks and concerns prior to hearings.
Bruce stated the park zoning requirement is 3 acres and 5% coverage. The argument being made by property owners is that it is unrealistic due to small lots within the park. Lauren stated she would want to know if the property had already done something that exceeded the lot coverage, and then comes back for another increase. Tear downs are not encouraged; they would like to see reconstruction to preserve the existing character of the homes. Health and safety issues are taken into consideration. Discussion took place regarding two story additions, objection from abutters, and encroachment of seashore property. Lauren stated the maps are not real clear for the rangers to see the property lines. Many times they are not aware of the encroachments until the property is sold or
when changes are made to the property.
Paul Murphy, Building Inspector, stated if someone builds something out of character, there is a safe guard for the park because it is temporary in nature. He feels the safe guard cannot be overcome because they could do condemnation on the property. He feels the area has stayed the same pretty much over the last 30 years. George stated the park doesn’t have the money to buy the properties now as it did back in the 1970’s. Post 1959 properties are ineligible for certificate of condemnation. Lauren stated some properties are not condemnable for rebuilding a new design.
Lauren brought up the affordable accessory units bylaw which is town wide. The seashore is for single family residences. If there were some pre-existing accessory building, the seashore would recognize it. The cottage colonies are already exceeding lot coverage. Lauren stated it would be useful to look at the ACEC area. She said one potential issue would be condominium ownership of a guest house where it was once a single family residence.
Bruce Drucker move to adjourn the meeting at 9:00 am; seconded by William Nicholson; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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