Minutes of Zoning Board of Appeals Public Meeting
Date: December 10, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Members Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Sibel Asantugrul, Don Palladino, and Christine Bates, Committee Secretary.
Regrets: Robert Hankey and Tom Reinhart.
Chair Jacob opened the meeting at 7:00 p.m. There was discussion regarding members from the Board who will not be available for meetings and who will chair the meetings. Chair Jacob thanked the Board, the Building Inspector, and Christine Bates for their contributions to the Board for 2009.
Public Hearings:
7:00 pm
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. (Cont’d from 10/22/09). The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Don Palladino replacing Tom Reinhart. Don Palladino stated he had read the meeting minutes of October 22, 2009. Mark Robinson stated a new certified site plan was provided and the project was approved by the Conservation Commission. He stated vacuum will be used to prepare the hole for the foundation. One member of the Board and the
Building Inspector will make a site visit after the installation to determine if the unit is safe and if it requires fencing. Robinson stated there has been no damage to any existing unit in the placecountry-regionUS from lightning. Building Inspector Paul Murphy stated the Town has not replied to the letter sent to the Planning Board regarding the windmill bylaws and he does not see any reason not to forward with the application at the present time, even though the technology has changed dramatically since the original windmill bylaw was written. The Zoning Board unanimously agreed to go forward with the hearing. Bruce Drucker moved for Findings of Fact:
1. This is an application for a Special Permit to install a wind turbine as provided for in Wellfleet Zoning Bylaw 6.5
2. The applicant seeks to install a 23’ high wind turbine which is a windmill as defined by Wellfleet Zoning Bylaw 2.1 and 6.5.3.
3. The Building Inspector has approved the proposed wind turbine pursuant to Wellfleet Zoning Bylaw 6.5.4.
4. The wind turbine complies with the conditions of Wellfleet Zoning Bylaw 6.5.1.1 through 6.5.1.3 and Wellfleet Zoning Bylaw 6.5.1.5.
5. Wellfleet Zoning Bylaw 6.5.1.4 is not applicable to this specific wind turbine since it does not have a “rotor” as defined by Wellfleet Zoning Bylaw 6.5.3.
6. This is an appropriate location as shown in the November 14, 2009 site plan for a wind turbine of the type and design depicted in the application.
7. The Board has made a site inspection.
8. There are no objections from abutters.
9. There will be no change in use or increase in use of the property on which the wind turbine is to be installed.
William Nicholson moved the Findings of Fact; seconded by Manny Heyliger;
passed 5-0.
William Nicholson moved to grant the Special Permit based on the Findings of Fact; seconded by Don Palladino; passed 5-0.
7:27 pm
07-14 Santos Lord, 121 Indian Neck Rd., Map 28, Parcel 138, Request for two-year extension to previously granted Special Permit to extend front of structure twelve feet. Gordon Hayward represented the applicant. The original decision was to allow a second floor bedroom be added to the dwelling by eliminating one bedroom on the first floor. Building Inspector Paul Murphy stated the Special Permit expired as of June 2009. Chair Jacob recommended the applicant submit a new request for a Special Permit.
Other Business
Roger Putnam gave an overview of what will be presented to the Selectmen at the December 22, 2009 meeting.
Roger Putnam moved to approve the amended meeting minutes of 10/22/09; seconded by Bruce Drucker; passed 5-0.
Roger Putnam moved to approve the amended meeting minutes of 11/12/09; seconded by Bruce Drucker; passed 5-0.
Jeff Stuart was thanked for his attendance in the audience at many of the 2009 meetings.
There was discussion regarding the issuance of building permits and validity of them. Building Inspector Paul Murphy stated Building Permits were valid for six months and he granted extensions based on individual circumstances. Christine Bates will amend the form handed to applicants after the Special Permit is granted and add the expiration date.
State Ethics Commission paperwork was discussed, and it was recommended Board members make copies of the certificate in the event they serve on any other Boards or Committees.
There was a discussion regarding Historical Review Board approval for work done on historic structures. Building Inspector Paul Murphy stated the structure would require demolition or have extensive outside work done before he would recommend the Historical Review Board review the project.
Roger Putnam moved to adjourn at 7:55 pm ; seconded by Don Palladino; passed 7-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
| 