Minutes of Zoning Board of Appeals Public Meeting
Date: December 2, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Sibel Asantrugul, Bruce Drucker, Robert Hankey, Mick Lynch , William Nicholson, Roger Putnam, Tom Reinhart, and Mary Rogers, Committee Secretary.
Regrets: Manny Heylinger, Vern Jacob
Vice-Chair Bruce Drucker opened the meeting at 7:00 p.m. and stated that the meeting was being recorded.
Public Hearings:
7:02 p.m.
10-33 Doyle, 330 Seaview Rd., Map 24, Parcel 22, Application for a Special Permit under WZB 8.4.2, 6.1.5.1, 6.24.1 and 6.24.3: Relocate preexisting nonconforming single-family dwelling away from eroding dune to location within the side and rear yard setbacks and remove existing well house. The Board consisted of: Robert Hankey, William Nicholson, Bruce Drucker, Mick Lynch, Sibel Asantrugul,
Attorney Ben Zehnder and Ed Doyle came forward to explain the plan to move the structure. Zehnder said that two Special Permits were required: one from the National Seashore and one from the Town of Wellfleet. From the floor, Peter Stewart questioned the change in elevation. Mr. Doyle explained it would be around 3 feet higher at the new location. Mr. Stewart expressed the opinion that the house would be closer to a possible future wind turbine on Town-owned property. The National Seashore had sent an e-mail that they had no objection. Attorney Zehnder explained the National Seashore’s request for boundary markers in the south west corner of the property. Roger Putnam moved for Findings of Fact:
1. This is an application for a National Seashore Park Special Permit under Wellfleet Zoning Bylaw 6.24. and for a Special Permit under Wellfleet Zoning Bylaw 6.1.5.1
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1957according to the Assessor’s Office.
3. The existing nonconformity regarding the structure is intrusion into the setbacks
4. There will be no change in the dwelling which will be moved to a more westerly location on the lot so that it is a further distance from the eroding dune to the east.
5. There is no change in use and there is no increase in use
6. There are no objections from abutters and the relocation of the dwelling has been approved by the National Seashore
7. After considering the District Objectives for the zoning district as provided for in Wellfleet Zoning Bylaw 3.2 and the relevant criteria set forth in Wellfleet Zoning Bylaw 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
8. The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.
Robert Hankey moved to accept the Findings of Fact; seconded by William Nicholson; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact with the following conditions:
1. The landscape shall be preserved in its natural state insofar as practical.
2. All runoff shall be recharged on site based on a calculated 25-year storm.
3. Lighting must be consistent with General Bylaws of the Town of Wellfleet.
4. The applicant will put a concrete bound on the western corner of the lot.
Hankey seconded; passed 5-0.
7:25 p.m.
10-34 Shantz, 100 Old Chequessett Neck Rd., Map 14, Parcel 49: Application for an Affordable Accessory Dwelling under WZB 6.21. The Board consisted of: Roger Putnam, Tom Reinhart, William Nicholson, Bruce Drucker and Robert Hankey.
Mrs. Shantz and her son Corey Brundage came forward and joined Attorney Ben Zehnder, who was representing them. Mr. Zehnder explained the request. Drucker read into record a letter dated November 29, 2010 from Eleanor Livingston and Charles Adams of Locust Lane regarding the placement of the Affordable Dwelling. From the floor, abutter Johnson commented against a house so close to Locust Lane. Ted Thomas spoke on the necessity of affordable housing in Wellfleet. Mrs. Thomas had concerns about the placement of the affordable unit. Mr. Zehnder said that his client was interested in moving the unit further back from Locust Lane. Peter Stewart spoke in favor of the applicant and the proposal for an affordable housing. Mr. Johnson said he also supports affordable housing in Wellfleet.
The Board expressed concerns as to the size, height, and location of the proposed affordable accessory dwelling. Members of the Board also questioned the need for sky lights in the attic and the use for the basement. After hearing the concerns of the ZBA, Attorney Zehnder requested a continuance of the hearing. Bruce Drucker moved to continue the case to January 6, 2011. Putnam seconded; passed 5-0.
Drucker moved to adjourn at 8:05 p.m.; seconded by Hankey; passed 7-0.
Respectfully submitted,
Mary Rogers, Committee Secretary
| 