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Minutes of Zoning Board of Appeals Public Meeting
Date: December 15, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker, Robert Hankey, Manny Heyliger, Mick Lynch , William Nicholson, Roger Putnam, Tom Reinhart, and Christine Bates, Committee Secretary.
Regrets: Vern Jacob and Sibel Asantugrul
Vice-Chair Bruce Drucker opened the meeting at 7:00 p.m. and stated that the meeting was being recorded. .
Public Hearings:
7:02 pm
10-35 Eurich, 1065 Chequessett Neck Rd., Map 19, Parcel 91, Application for a Special Permit under WZB 6.5 to construct a Windspire 1.2kw vertical axis wind turbine for residential use. At the request of the applicant, the hearing is continued to January 20, 2011.
10-30 Townsend, 350 State Hwy, Map 47, Parcel 107: Application for Affordable Accessory Dwelling Unit (Cont’d from 11/18/10). The Board consisted of Bruce Drucker, Manny Heyliger, Robert Hankey, William Nicholson, and Roger Putnam. Vice Chair Drucker outlined the facts that have been established over the past several meetings. The lot has been owned by Cape End Realty since 1984, the cluster development, Great Woods Field, was approved in 1985, the Covenants and plan were recorded in 1985, and in April 2010, the Planning Board endorsed an ANR to divide the lot in question. In July 2010, Theresa Townsend entered into a P & S agreement and in August she applied for a Special Permit for an Affordable Accessory Dwelling Unit and for a Variance request. At the Sept 16, 2010 hearing, she withdrew her application for a variance and submitted new plans for a 1,155 square foot AADU. A second hearing was on October 16, 2010 and has been continued to today. Drucker acknowledged
paperwork forwarded to the Board, but stated they are not relevant to this case. He stated some of the issues raised by abutters are: 1) if she can apply for the permit, 2) the argument that the permit cannot be granted until a principal dwelling is in place, 3) an argument of the 100 foot setback issue, 4) questions regarding the suitability of the property for an accessory dwelling, and 5) many abutters stating this property is part of the green belt for the cluster development.
Theresa Townsend stated she is before us for an affordable accessory dwelling unit, she has a power of attorney, and she is willing to get a building permit for both buildings. She stated she will not be cutting down all the trees on the lot. Vice Chair Drucker accepted further comment from the floor. Attorney Bruce Bierhans reiterated the abutters concerns regarding safety, the history of the parcel, and the Town Way’s lack of use since the 1920’s and feels the construction of two homes and a garage will be detrimental to the neighborhood. Michael Ford, abutter, stated the people in the neighborhood have always been under the assumption this property was their green belt. He stated he did further research and in 1931 the land court issued a decree that the Way was taken away from the Town. Ms. Townsend stated she could cut down trees on the Way and use that for her road/driveway, and doesn’t feel a driveway is a safety issue.
Vice Chair Drucker asked the Board for their opinions and they included: difficulty in understanding how this lot was not part of the sub-division, the 100’ setback requirement from Route 6, rendering the neighborhood less attractive, the need for a primary dwelling on the lot, detriment to Route 6 as well as the neighborhood, and the overwhelming objection from abutters. One member was in favor of the project, stating the Building Inspector and Town Counsel determined the Way was a road and could be used for frontage for the structures, and the Board has granted Special Permits to applicants in the past not being the owner of the property. He also stated the current owner could build several structures on the property based on the 1959 Zoning Bylaws.
Theresa Townsend requested to withdraw her application without prejudice. Roger Putnam moved to allow the applicant withdraw the application without prejudice; seconded by Robert Hankey, passed 5-0.
Other Business
Respectfully submitted,
Christine Bates, Committee Secretary
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