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Zoning Board of Appeals 10/22/09
Minutes of Zoning Board of Appeals Public Meeting

Date:           October 22, 2009
Time:           07:00 PM
Location:       Wellfleet Sr. Center
Attendees:      Members Vern Jacob, Bruce Drucker, Roger Putnam,  Tom Reinhart,  Manny Heyliger, Sibel Asantugrul, William Nicholson, and Christine Bates, Board Secretary.  
Regrets:        Don Palladino and Robert Hankey  

Chair Jacob opened the meeting at 7:00 p.m.

Public Hearings:  
09-21   Moore, 975 Chequessett Neck Rd., Map 19, Parcel 96:  Application for a Special Permit under WZB 6.5 for installation of a wind turbine for residential use.  The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Tom Reinhart.  Mark Robinson represented the applicant and gave an overview of the project.  Robinson  stated due to the location and concern about the potential high winds from a hurricane, the height of the unit will be 23 feet.  He gave an overview of the general construction of the unit, the cost and credits allowed by the State.  The base will be hand-dug to avoid disturbing the vegetation in the dune.  Chair Jacob read a letter from Building Inspector Paul Murphy stating he does not see any safety issues and the diagrams meet state codes.

Bob Prescott from MA Audubon and Peter Stewart from the Energy Committee were in the audience to learn more about the project.  Bruce Drucker reviewed the five conditions listed in the by-laws which would have to be reviewed.  There was discussion regarding the need for fencing around this unit.  The Board requires a new surveyed site plan identifying the exact location of the windspire.  There was further discussion regarding the outdated bylaws and the definition of a rotor.  Reinhart stated he would like to have someone from the Board as well as the Building Inspector visit the site after construction to determine the safety issues.  Chair Jacob recommended a letter be sent to the Planning Board regarding the current language for Wind Turbines.  Peter Stewart stated the Energy Committee forwarded recommended new language to the Planning Board in July 2008.  Bruce Drucker moved to continue to 12/10/09; seconded by Manny Heyliger; passed 5-0.

There was discussion of the wording of WZB 6.5.4.  It was suggest that we notify the appropriate authority that the Planning Board should consider reworking the entire paragraph.  
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Christine Bates will get a copy of the recommended changes proposed by the Energy Committee and distribute to the Board and Building Inspector.    

Other Business

Building Inspector Paul Murphy stated the Town Administrator has asked him to review his schedule of fees as well as the ZBA fees.  Roger Putnam suggested the Board consider sliding fees based on the extent of the project/design and the construction costs.  William Nicholson  moved to have Roger Putnam write up and present his presentation to the Board; seconded by Tom Reinhart; passed 5-0.

The site visit for the November 12th meeting will be held on Thursday, November 12, 2009 because Veteran’s Day is on the 11th.

A letter from Kopelman and Page was read into the record thanking the Board for recognizing Attorney Ilana Quirk.

Robert Prescott stated MA Audubon is proposing to install a wind turbine and would come before the ZBA requiring a variance for the height.  Bruce Drucker recommended Building Inspector Paul Murphy contact Town Counsel regarding the criteria to grant a variance.  Robert Prescott will request his attorney to write up the reason for the hardship.   

Bruce Drucker moved to adjourn at 8:30 pm; seconded by William Nicholson; passed 5-0.


Respectfully submitted,

Christine A. Bates, Committee Secretary