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Zoning Board of Appeals 11/18/10
Minutes of Zoning Board of Appeals Public Meeting

Date:           November 18, 2010
Time:           7:00 PM
Location:       Wellfleet Sr. Center
Attendees:      Acting Chair Bruce Drucker, Robert Hankey, Manny Heyliger, Roger Putnam,  , Mick Lynch, Sibel Asantugrul and Christine Bates, Committee Secretary
Regrets:        Vern Jacob, William Nicholson, and Tom Reinhart
 
Acting Chair Bruce Drucker opened the meeting at 7:00 pm and stated the meeting was being recorded.
    
Public Hearings:

7:02 pm
10-26  Rockman, Off Old Pier Rd., Map 22, Parcel 39:  Application for a Special Permit under 6.1.5.1.b to make additions to the two bedrooms, replacing two existing decks and WZB 6.14.3 Floodplain Exemption.  (Cont’d from 11/04/10).  The Board consisted of Bruce Drucker, Robert Hankey, Manny Heyliger, Mick Lynch, and Sibel Asantugrul.  Chet Lay represented the applicant and stated everything is in compliance with the setbacks.  The parcel has no legal frontage.  The dwelling is located in Floodplain Zone 3.  The project was approved by the Conservation Commission.  He gave an overview of the Floodplain Exemption bylaws.  Building Inspector, Paul Murphy, stated he will honor the engineer’s statement that break-a-way panels are not required for the foundation.  Bruce Drucker moved for Findings of Fact:
1.      This is an application for a floodplain exemption under Wellfleet Zoning Bylaw 6.14.3.
2.      The applicant seeks to add to two existing downstairs bedrooms by replacing two existing decks on the westerly side of the dwelling.
3.      The dwelling presently has three bedrooms, and no bedrooms will be added by the proposed project.
4.      The dwelling is presently conforming and the dwelling will continue to be conforming if the proposed alteration is approved.
5.      The project has been approved by the Wellfleet Conservation Commission in accordance with MGL Chapter 131, S.40, the Wetlands Protection        act, and with the Town of Wellfleet’s Environmental Protection Bylaw.
6.      The granting of the floodplain exemption will not result in increased flood heights, decreased flood storage capacity, additional threats to public     safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws.
7.      If the proposed addition is below the base flood elevation, the issuance of the exemption will result in increased premium rates for flood              insurance.

Bruce Ducker moved to accept the Findings of Fact; seconded by Robert Hankey, passed 5-0.
Bruce Drucker moved to grant the Special Permit based on the Findings of Fact subject to the condition that the alteration will be in compliance in all respects with the State Building Code, Section 744.0 ATM 4/25/88; seconded by Robert Hankey, passed 5-0.

7:15 pm
10-30  Townsend, 350 State Hwy, Map 47, Parcel 107:  Application for Affordable Accessory
Dwelling Unit under WZB 6.21. (Cont’d from 10/21/10).  An e-mail was received from Ms. Townsend to continue to December 16, 2010.  Ms. Townsend had not signed a continuation release.  Bruce Drucker moved to continue to December 16, 2010 provided the applicant signs the consent by the close of business on 11/19/10 and should the applicant fail to sign the consent, the application is dismissed without prejudice; seconded by Manny Heyliger; passed 6-0.

Business:

Bruce Drucker moved to approve the 11/3/10 meeting minutes as amended; seconded by Manny Heyliger; passed 5-0.

Bruce Drucker moved to adjourn at 7:25 pm; seconded by Robert Hankey; passed 6-0.
   
Respectfully submitted,

Christine A. Bates
Committee Secretary