Minutes of Zoning Board of Appeals Public Meeting
Date: January 14, 2010
Time: 7:00 PM
Location: Wellfleet. Center
Attendees: Vice Chair Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Sibel Asantugrul, Don Palladino, Tom Reinhart, Robert Hankey and Christine Bates, Committee Secretary.
Regrets: Chair Vern Jacob
Vice Chair Bruce Drucker opened the public hearings at 7:00 pm.
Public Hearings:
7:30 pm
10-01 Elliott, 5 Wellesley Rd., Map 36, Parcel 82, Application for a Special Permit under WZB 6.1.5.2(b); Construct screen porch at rear of property (after the fact filing). The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Sibel Asantugrul and Roger Putnam. Joy Cuming represented the Elliott’s and stated the porch was built three years ago after receiving permits. A neighbor questioned if the sunroom was within the setback and after a site plan was completed, it was determined the sunroom was two feet within the setback. A letter from John O’Brian, abutter, requested the Elliott’s place a
row of evergreens between their property and the applicant’s. Letter’s from the Dugan’s and the Barrett’s supported the application. Mr. Elliott stated there is already a vegetated barrier between his property and the O’Brian’s and the O’Brian’s house is located on the far side of their property. Trevor Pontbriand stated there is ample vegetation now and they would have to remove all the current vegetation. Building Inspector, Paul Murphy, stated he received a mortgage survey plan and requested a certified site plan. After construction had been done, he received an “as built” and the paperwork was filed. He stated this was an over-site which is very unusual. There was discussion regarding the proposed location of the porch, the as- built paperwork, and the certified plan. The Board did not want to make an Order of Conditions to have the Elliott’s plant a
full row of trees, but recommended planting a few trees based on the abutter’s request. Roger Putnam moved for Findings of Fact:
1. The original structure was built in 1985 according to the Assessor’s records.
2. The property is non-conforming due to lot size.
3. A site plan was obtained by Architect Studio from the Wellfleet Board of Health on October 27, 2005 before construction began.
4. The structure conformed to all setbacks prior to the porch addition to the N.W. corner of dwelling.
5. An as-built plan of the sono-tube foundation was provided to the Building Department, dated *revised June 27, 2006, identifying an intrusion of 0.8” into the side setback.
6. An occupancy permit was granted by the Building Inspector subsequently.
7. The already completed and permitted structure intruded 2’ 1” into the side setback according to a revised as-built plan dated October 29, 2009.
8. The addition is not substantially more detrimental to the community.
9. The subdivision was created in 1967.
Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.
7:03 pm
10-02 O’Neil, 200 Briar Lane, Map 13, Parcel 114: Application for a Special Permit under WZB 8.4.2 for family farm – livestock (chickens). The Board consisted of Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger and Tom Reinhart. Mr. O’Neil stated he wants to have 12 chickens (hens) and has approval from the Board of Health and the Conservation Commission. Bruce Drucker read a letter from Timothy Sayre and Pamela Bauder objecting to any roosters on the property. O’Neil stated he does not intend to have roosters on the property, although the Board of Health advised him he could have a rooster for a
short period of time if he wanted to fertilize eggs. O’Neil stated he would like to keep that option open and would go back to the Board of Health with the request. O’Neil stated the area the coop is located is as far away from the wetlands as possible. George Malloy, abutter, stated he has concerns with nitrates, any roosters, and how the project affects his property. Robert Hankey moved for Findings of Fact:
1. The project has been approved by the Board of Health, on condition there would be no rooster permanently residing on the property.
2. The project has been approved by the Conservation Commission and subject property includes a manure management plan.
3. The property is zoned residential
4. Farm-family agriculture is a permitted use in the residential district.
5. Farm-family livestock is allowed in the residential district.
Bruce Drucker moved the Findings of Fact; seconded by Robert Hankey; passed 5-0. Bruce Drucker moved to grant the Special Permit with one condition; seconded by Robert Hankey; passed 5-0.
CONDITION:
No more than twelve (12) chickens will be kept on the premises.
Other Business
Roger Putnam moved to adjourn at 7:55 pm; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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