Minutes of Zoning Board of Appeals Public Meeting
Date: August 12, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, Roger Putnam, Sibel Asantugrul, Tom Reinhart, Don Palladino and Christine Bates, Committee Secretary
Regrets: Robert Hankey
Chair Vernon Jacob opened the meeting at 7:00 pm. He stated the meeting was being recorded and there would be a discussion with the Planning Board during the Business portion of the meeting.
7:02 pm
10-15 Needel, 1523 Baker Avenue, Map 14, Parcel 189: Application for two Affordable Accessory Dwelling Units (Cont’d from 05/13/10) The applicant requested a continuation to October 21, 2010. Roger Putnam moved to continue to 10/21/10; seconded by Manny Heyliger; passed 5-0.
7:03 pm
10-22 Ashe, 2024 Harbor Lights, Map 20, Parcel 19 (2024): Application for a Special Permit under WZB 6.1.1: Construct a three-season room and decking. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nickerson and Don Palladino. Alan Cabral represented Ms. Ashe and gave an overview of the project. Cabral stated the Conservation Commission approved the approval, as did the association at Harbor Lights. Letters of support were read into the record from Paul Keefe, Judy Frasco and Mary O’Connor. Building Inspector Paul Murphy stated he has no problem with the project. Bruce Drucker moved for
Findings of Fact:
1. This is an application under Wellfleet Zoning Bylaw 6.1.1 to expand a lawfully pre-existing mobile home at Harbor Lights mobile home park.
2. The proposal involves the addition of an approximately 200 sq. ft. three season room with an approximate 90 sq. ft deck, both of which will replace the existing deck.
3. The total square footage of the mobile home with the new deck and three season room will be approximately 825 square feet which is within the 840 square foot of site coverage specified in condition 3 of the September 26, 2006 decision of the Zoning Board of Appeals Case 06-15.
4. There will be no change in use.
5. There are no objections from abutters and three abutters have written in support of the project.
6. The project has received approval from the Conservation Commission.
7. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming mobile home.
8. The Building Inspector has approved the plans.
9. The project complies with the conditions set in Case 06-15.
10. The project has 8 ft setback from backside and 10 ft setback from other trailer.
Don Palladino moved the Findings of Fact; seconded by Bruce Drucker passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Other Business
Roger Putnam moved to approve the meeting minutes of 07/22/10 as amended; seconded by Vern Jacob; passed 8-0.
Roger Putnam moved to approve the 07/22/10 Executive Meeting Minutes as amended; seconded by Vern Jacob; passed 8-0.
Roger Putnam moved to approve the 06/24/10 meeting minutes as amended; seconded by Vern Jacob; passed 8-0.
Roger Putnam moved to approve the 06/24/10 Executive Meeting Minutes as amended; seconded by Vern Jacob; passed 8-0.
Roger Putnam moved to approve the 07/08/10 meeting minutes as amended; seconded by Vern Jacob; passed 8-0.
Building Inspector Paul Murphy stated he made a site visit to Finely JP’s due to an abutter’s concern with her views. He stated he did not see any trees had been taken down. He stated he discussed the abutter’s concerns with John Pontius, owner.
Chair Jacob informed the Board the Attorney for Risha LLC is formally withdrawing the application for the 40B Affordable Housing. Town Counsel recommended the Board open the case on August 26, 2010 to accept the withdrawal letter without prejudice.
Bruce Drucker explained the settlement between the United States Government and Blasch.
Members of the Planning Board requested an open conversation with the ZBA regarding proposed by-law changes. Jerry Parent stated this will be the biggest change in the bylaws since the 1960’s. Chair Jacob stated there is no preliminary process for applications before our board at the present time. He questioned if there will be a date set for pre-existing structures which are grandfathered allowing them to be exempt from the new bylaws. Griswold Draz presented a gross floor area chart identifying the current number of dwellings that fall within the threshold of gross floor area He stated he didn’t feel the new regulations would overburden homeowners and that over 90% of the current houses would conform in town if the regulations passed at town meeting. The new bylaws
would be similar to the National Seashore regulations. Draz stated a survey was done in 2005 which 200 people responded to, and they wanted to protect the character of the town, which led him to look at the sizes of houses within Wellfleet.. He stated the current bylaws with 15% lot coverage could create similar houses like the Blasch’s which he stated people do not want. The non-resident taxpayers responded to another survey and Draz stated the vast majority were concerned with the current zoning bylaws (81%), and 72% were concerned new construction is changing the character of the town.
Alfred Pickard stated he voted against this package as a member of the Planning Board. He does not believe there will be huge houses built and questions the statistics, and feels the bylaws do not have to be changed. He wants to know what the material that the applicant has to present to the ZBA.
Gerry Parent stated the proposed by-law, 8.26.6, will be the next layer over by-law 8.4.2 if the gross floor area triggers a site plan review. The ZBA would have additional bylaws to review which are much stricter. There was discussion regarding what the Building Inspector would do under the proposed new bylaws regarding floor area. Paul Murphy stated he is not qualified to measure gross floor area and will not “eye-ball” and will require everyone to have a certified/registered engineer or architect produce the necessary measurements. There was discussion regarding what is a requirement for a current application vs. what will be required with a change in bylaws.
Discussion took place regarding the greater expense to the applicant if they want a small addition and if they would have to get an engineer or architect to measure the dwelling to see if they are at the threshold prior to having a discussion with the Building Inspector. Bruce Drucker questioned if a house was destroyed by fire, and was over the threshold, would they have to have a special permit to rebuild. He suggested this be added to the bylaws to assure people.
Tom Reinhart stated he feels a protocol could come up with a procedure to determine gross floor area. Griswold Draz stated the cost would be approximately $600 to $700 for an engineer. Janet Reinhart stated the average house is currently 2,200 sq. ft. There was further discussion regarding concerns from abutters, and how the new bylaw would affect a 30,000 sq. ft. parcel.
Griswold Draz stated the methodology to the proposed bylaw is that people are not building large houses in Wellfleet and most of the redevelopment will be on current preexisting homes. He stated they don’t want to see current houses demolished and rebuilt, so the bylaw would preserve and protect what is here now. He stated it was important to take into consideration a second story.
Several members of the ZBA stated every time zoning gets tightened, it becomes more expensive, and the people who can afford it least will get hurt and questioned if there will be social affects. Special Permits typically have conditions set to remedy some of the issues being discussed. Chair Jacob stated the regular board members are a cohesive board and take into consideration if the proposals are detrimental to the neighborhood. He also stated he hopes the planning board is taking into consideration what the town people want.
Alfred Pickard stated the proposed by-law does not take into consideration affordable accessory dwelling units. Griswold Draz stated reconstruction can take place within one year if a house were burned down. Olga Kahn stated she feels there will be very little change in the ZBA process with the proposed bylaw. Chair Jacob stated the ZBA will do whatever is determined by the people in Wellfleet if this goes forward to Town Meeting.
Other Business:
Nominations:
There was disclosure that some regular members will not be available due to upcoming surgery and scheduled vacations. Roger Putnam nominated Vern Jacob as Chair, Bruce Drucker as Vice Chair, William Nicholson as 2nd Vice Chair, and Robert Hankey as Clerk; seconded by Bruce Drucker; passed 8-0.
Chair Jacob moved to adjourn at 9:20 pm; seconded by Roger Putnam; passed 8-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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