Minutes of Zoning Board of Appeals Public Meeting
Date: May 13, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, Sibel Asantugrul, Manny Heyliger, Don Palladino and Roger Putnam
Regrets: Tom Reinhart
Guest: Selectman Jerry Houk
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Chair Jacob opened the public hearings at 7:05 pm.
Chair Jacob stated the ZBA has not been in compliance of the statues of MA regarding abutter listings. Bruce Drucker gave an overview of 40A, Section 11 regarding abutter notification and stated Town Counsel provided the board with an opinion as to the correct notification procedures. Five of the hearings scheduled for this evening will be continued in order to give proper notification. Attorney Ben Zehnder stated he disagrees with Town Counsel and it should be abutter and abutters to the abutter within 300 feet. He recommended the Board look into this further because it will cost the town additional money. Chair Jacob stated we will follow Town Counsel’s advice.
Public Hearings:
7:12 pm
08-12 Palmer / Chang, 100 Pine Point Rd, Map 21, Parcel 63: Request for two year extension
Bruce Drucker moved to continue to June 10, 2010 in order to notify the correct abutters; seconded by William Nicholson; passed 5-0.
7:12 pm
05-35 Pontius, Route 6, Map 42, Parcel 37: Request for amendment to Special Permit to change location of outdoor seating. Bruce Drucker moved to continue to June 10, 2010 in order to notify the correct abutters; seconded by Roger Putnam; passed 5-0.
7:13 pm
10-15 Needel, 1523 Baker Ave., Map 14, Parcel 189: Application for two Affordable Accessory Dwelling Units. Robert Hankey moved to continue to June 10, 2010 in order to notify the correct abutters; seconded by Manny Heyliger; passed 5-0.
7:13 pm
10-09 Perot, 36 Indian Neck Rd., Map 28, Parcel 45: Application for a Special Permit under WZB 5.1.5: Demolish and Reconstruct dwelling (Cont’d from 04/08/10). Bruce Drucker moved to continue to June 10, 2010 in order to notify the correct abutters; seconded by Vern Jacob; passed 5-0.
7:14 pm
09-07 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30, Parcel 22: Review traffic impact condition. Chair Jacob explained this is an exploratory discussion only, that the Board was not going to take any action at this time. It will be possible, with the consent of the applicant, to have the Board review the traffic impact, if any, in the future. This is a discussion and no Board is necessary. Attorney Ben Zehnder stated the Board originally wanted a year to review the traffic and the project did not open until a year later after the condition was set. Zehnder stated there is a potential issue with congestion with vehicles.
He stated they would like to go through a season and have the traffic looked at during July, August and September. He stated the owners may have to take some action to control future problems, but we need to see what issues may occur. Deliveries may have to be rescheduled, additional parking may have to be secured, and traffic from the beach may have an impact on pedestrian traffic. Hankey stated the problem is the cut through by the post office and tourist stop. Jerry Houk stated it should not fall onto the owners of the restaurant, but should include the liquor store, General Store and Blue Willow. He stated there are additional parking spots on state property and the bike trail. He feels it is the responsibility of everyone in the area. He suggested “no parking” signs be put on the right side of the road going toward the beach. Jacob stated Paul Murphy has talked with Andrew Parent regarding additional parking at
the General Store. Nicholson questioned what will be done in July if there is a problem with traffic and safety. Houk stated a cross walk could be installed on the road. Speed bumps were suggested on the cut off road. Heyliger recommended additional parking on the property. Sibel Asantugrul recommended sidewalks in the area for the safety of pedestrians and questioned if the Planning Board should be involved. Jacob asked if this is a Police Dept or Selectmen issue, and Houk stated there are solutions that could be done as soon as possible. Zehnder agreed to have the ZBA look at this after the summer months. Drucker suggested the town can do some mitigation in the near future, such as signs, slow the traffic down at the cut off road, and directing people at night to park across the street. The owner of the restaurant stated they may have valet parking during the summer at the restaurant. Roger Putnam moved to review
the traffic issue at the end of September; seconded by Don Palladino; passed 8-0.
7:14 pm
10-16 Lee, 95 Rockwell Ave., Map 24, Parcel 159: Application for a Special Permit under WZB 8.4.2 pursuant to WZB 6.1.5.1 and 6.24.2 with the addition of dormers and a roof deck
Manny Heliger moved to continue to June 10, 2010 in order to notify the correct abutters; seconded by Bruce Drucker, passed 5-0.
Other Business
William Nicholson moved to approve the March 11, 2010 meeting minutes; seconded by Don Palladino; passed 5-0.
William Nicholson moved to approve the March 25, 2010 meeting minutes; seconded Vern; passed 5-0.
Bruce Drucker moved to adjourn at 7:55 pm; seconded by Roger Putnam; passed 8-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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