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Wellfleet Zoning Board of Appeals 03/11/10

Minutes of Zoning Board of Appeals Public Meeting

Date:           March 11, 2010
Time:           7:00 PM
Location:       Wellfleet Sr. Center
Attendees:      Chair Vern Jacob, Vice Chair Bruce Drucker, William Nicholson, Robert Hankey, Sibel Asantugrul, and Don Palladino.  
Regrets:        Manny Heyliger, Tom Reinhart and Roger Putnam

Chair Vern Jacob opened the public hearings at 7:00 pm.   .

Public Hearings:  

7:00 pm
Willis, 90 Howes Rd., Map 29, Parcel 270, Application for an Affordable Accessory Dwelling Unit.  The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, and Sibel Asantugrul.   James Willis and Alfred Pickard gave an overview of the project, stating there is an existing apartment that met HUD’s inspection and all requirements, other than Wellfleet’s bylaws.  There is a tenant living in the apartment who meets the financial requirements for the affordable accessory dwelling unit criteria.  All previous nonconformities have been cleared up on the property, which was verified by Building Inspector, Paul Murphy.  Willis stated the apartment is assessed and taxed.  Letters from previous and present tenants were read into the record, and abutter Judy Tesson stated she supported the project.  Charles Annett, abutter stated he opposes the accessory dwelling because he has issues with nitrates in the neighborhood as well as surrounding wetlands.  He stated his nitrate levels have continued to rise in the past ten years.  He expressed concern with the number of bedrooms in the dwelling and stated all vegetation has been removed from the property.  Paul Murphy stated the house has Board of Health approval for four bedrooms because it predates the current regulations.   Murphy stated there are currently two accessory buildings on the property that have received building permits.  The statutes have run out of them.  Pickard gave a brief history of the Affordable Accessory Dwelling Unit bylaw, encouraging residents of the town to have legal apartments and offering tax credits for affordable housing.  
  
After further discussion regarding previous violations on the property and any potential water issues, the Board will request Health Agent, Hillary Greenberg-Lemos to write a letter, providing information on the water quality;  the septic system is adequate for four bedrooms, and if the manure management plan is in compliance.  The applicant requested a continuation.  William Nicholson moved to continue to 04/08/10; seconded by Bruce Drucker; passed 5-0.

The Board had a discussion regarding the Historical Review Board and Paul Murphy stated that  Board was to furnish him with a listing of  buildings / dwellings that would require their review prior to coming to the ZBA should there be any demolition or alterations.  

Bruce Drucker reported Attorney Devin and the Zelinsky’s met with MA Housing.  If there is no resolution to the Risha LLC  40B project by MA Housing, the ZBA will make a recommendation at its March 25, 2010 meeting to reopen the hearing for a conclusion.                 

Bruce Drucker moved to adjourn at 8:05 pm; seconded by William Nicholson; passed 6-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary