Minutes of Zoning Board of Appeals Public Meeting
Date: November 12, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Members Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Manny Heyliger, Roger Putnam, Tom Reinhart, Sibel Asantugrul, Don Palladino, and Christine Bates, Board Secretary.
Chair Jacob opened the meeting at 7:00 p.m.
Public Hearings:
09-20 Wilson, 5 Money Hill Rd., Map 8, Parcel 256, Request for a Special Permit under 5.3.5: Family Farm Livestock. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey and Manny Heyliger. Ms. Wilson stated she currently has four (4) chickens and has had them for three years. Bruce Drucker moved for Findings of Fact:
1) There are no objections from abutters and several abutters have supported the application.
2) This is an allowed use.
3) The Board conducted a site inspection of the premises.
4) The premises are suitable for the requested use.
5) The Board of Health has approved the request.
Bruce Drucker moved to approve the Findings of Fact; seconded by Vern Jacob; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact with the following condition:
1) No more than 20 chickens can be kept on the premises
seconded by Robert Hankey; passed 5-0.
7:08 pm
09-22 Allen / Merrick, Unit 2, Ocean Pines Condos, 935 State Hwy, Map 6, Parcel 36, Request for a Special Permit under 6.1.1 to expand condo. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. Ms. Merrick stated they wanted to have additional space by adding a bedroom. The entrance to the condominium will be relocated to the side of the house. She stated they have approval from all the condo owners for the addition. Bruce Drucker stated this expansion would be going over the approved 15% increase agreed upon in 2006 and she responded the Association decided to divide the additional footage allowed for expansions. Bruce Drucker moved for Findings of Fact:
1) This is a per-existing non-conforming cottage colony under a condominium form of ownership.
2) The Board conducted a site inspection of the property.
3) There was no objection from the abutters.
4) There will be no change in use.
5) There will be no increase in use.
6) The alteration will not be more substantially detrimental to the neighborhood than the existing non-conformity.
7) After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2 the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Bruce Drucker moved to approve the Findings of Fact; seconded by Robert Hankey; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey.
7:17 pm
09-23 Canning / Robinson / Miner, 25 Summit Ave., Map 20, Parcel 109, Request for a Special Permit under 6.1.5.1.b to construct a 10.1’ x 18.4’ deck. Chet Lay of Slade Associates represented the applicant and gave an overview of the project. Bruce Drucker moved for Findings of Fact:
1) The dwelling is a lawfully pre-existing, non-conforming structure having been built in 1955 according to the Assessor’s Office.
2) The existing non-conformities regarding the structure are inadequate lot area and intrusion into the front setback.
3) The Board conducted a site inspection of the property.
4) There was no objection from the abutters.
5) There will be no change in use.
6) There will be no increase in use.
7) The alteration will not be more substantially detrimental to the neighborhood than the existing non-conformity.
8) After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Vern Jacob moved to approve the Findings of Fact; seconded Robert Hankey; passed
5-0. Vern Jacob moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
7:25
09-24 Rea, 35 Pine Point Way, Map 21, Parcel 48, Request for a Special Permit under 6.1.5.1.b to construct 24’ x 6’ enclosed porch, small deck and stairs. Chet Lay of Slade Associates represented the applicant and gave an overview of the project. Letters and messages of support from abutters Fowler, Cooper, Cataldo, and McIlroy were read into the minutes. It was determined the house is not registered with the Historical Society. Ms. Rea stated they are trying to provide an area for shade, take advantage of the view and keep the integrity of the design of the house. Robert Hankey moved for Findings of Fact:
1) The dwelling is a lawfully pre-existing, non- conforming structure having been built in the 1800’s.
2) The existing non-conformities regarding the structure are intrusion into the front setback.
3) The Board conducted a site inspection of the property.
4) There was no objection from the abutters and abutters have supported the application.
5) There will be no change in use.
6) There will be no increase in use.
7) The alteration will not be more substantially detrimental to the neighborhood than the existing non-conformity.
8) After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
William Nicholson moved to approve the Findings of Fact; seconded by Vern Jacob; passed 5-0. Chair Jacob requested the applicant get approval from the Historical Review Board. After further discussion Chair Jacob withdrew the condition. William Nicholson moved to grant the Special Permit based on the Findings of Fact, seconded by Manny Heyliger; passed 5-0.
Other Business
Roger Putnam presented a proposed sliding schedule of fees to the Board. The sliding fee identifies an increase in the application fee based on construction costs as well as the costs to the Board. The Board reviewed the proposal and made recommendations for an additional increment. Bruce Drucker questioned who will decide what will be charged and whether there will be debates over the fees. He questioned if the fees will be based on construction out of the setbacks or the entire project. Paul Murphy, Building Inspector, stated he reviewed the proposal and will present it to the Town Administrator
Chair Jacob informed the Board that the Risha LLC project may come back to the Board shortly and that the board will not hear the case until there is a full board based on projected absences.
Bruce Drucker moved to adjourn at 8:07 pm; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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