Minutes of Zoning Board of Appeals Public Meeting
Date: March 3 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Robert Hankey, Sibel Asantrugul, Mick Lynch , William Nicholson, Roger Putnam, and Christine Bates, Committee Secretary.
Regrets: Manny Heyliger, Bruce Drucker and Tom Reinhart
Chair Jacob opened the meeting at 7:00 p.m. and stated the meeting was being recorded.
Public Hearings:
7:02 pm
10-35 Donald Eurich, 1065 Chequessett Neck Rd., Map 19, Parcel 91, Certificate 187490: Application for a Special Permit under WZB 6.5 to construct a Windspire 1.2kw vertical axis wind turbine for residential use. The board consisted of Acting Chair William Nicholson, Vern Jacob, Roger Putnam, Sibel Asantugrul, and Mick Lynch. Mark Robinson and Chet Lay represented the applicant and gave an overview of the project, stating the windspire would be 30 feet tall. Robinson stated approval was received from the Conservation Commission and all materials will be hand carried into the property. The Board had no objection to the project and
stated this is new technology which is good for Wellfleet. William Nicholson moved for Findings of Fact; seconded by Roger Putnam, passed 5-0.
1) This is an application for a Special Permit to install a windspire as provided for in Wellfleet Zoning Bylaw 6.5
2) The applicant seeks to install a 30 foot high windspire which is a windmill as defined by Wellfleet Zoning Bylaw 2.1 and 6.5.3.
3) The building Inspector has approved the proposed windspire pursuant to Wellfleet Zoning Bylaw 6.5.4.
4) The windspire complies with the conditions of Wellfleet Zoning Bylaw 6.5.1 through 6.5.1.3 and Wellfleet Zoning Bylaw 6.5.1.5.
5) Wellfleet Zoning Bylaw 6.5.1.4 is not applicable to this specific windspire since it does not have a “rotor” as defined by Wellfleet Zoning Bylaw 6.5.3.
6) This is an appropriate location as shown on the approved site plan for a windspire of the type and design depicted in the application.
7) The Board has made a site inspection.
8) There are no objections from abutters.
9) The Conservation Commission has approved the installation of the windspire.
10) There will be no change in use or increase in use of the property as a result of the installation of the windspire.
11) The windspire will not be more substantially detrimental to the neighborhood than the existing non-conforming use.
Vern Jacob moved to approve the Findings of Fact; seconded by Roger Putnam, passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact with one condition; seconded by Vern Jacob; passed 5-0.
Condition: If the windspire is found to be unsafe by the Wellfleet Building Inspector, it shall immediately cease operation upon written notification by the Wellfleet Building Inspector to the property owner and it shall be repaired by the owner to meet federal, state and local safety standards or be removed within six months of the written notification.
7:13 pm
11-01 Richard B. and Barbara Currier, 1035 Chequessett Neck Rd., Map 19, Parcel 92-1, Certificate 139861: Application for installation of two Windspire 1.2 kw vertical axis wind turbines for residential use. The Board consisted of Acting Chair William Nicholson, Vern Jacob, Roger Putnam, Sibel Asantugrul, and Mick Lynch. Chet Lay gave an overview of the project, and requested a continuance in order to file a variance per the request of Town Counsel. The Board determined there would be no charge for filing a variance. Chet Lay also stated he would like to go to the site visit to allow the Board to demonstrate how tall 30’ would be. Roger Putnam moved to continue to April 7, 2011; seconded by Mick Lynch; passed
5-0.
11-02 Catharine B. Currier-McCormick, 1025 Chequessett Neck Rd., Map 19, Parcel 92-2, Certificate 174000: Application for installation of one Windspire 1.2 kw vertical axis wind turbine for residential use. The Board consisted of Acting Chair William Nicholson, William Nicholson, Roger Putnam, Sibel Asantugrul, and Mick Lynch. Chet Lay requested a continuance in order to file a variance request per Town Counsel. The Board determined there would be no charge for filing a variance. Roger Putnam moved to continue to April 7, 2011; seconded by Mick Lynch; passed 5-0.
11-03 Currier-Anstine Family LP, 1015 Chequessett Neck Rd., Map 19, Parcel 93, Certificate 175166: Application for installation of one Windspire 1.2 kw vertical axis wind turbine for residential use. The Board consisted of Acting Chair William Nicholson, Vern Jacob, Roger Putnam, Sibel Asantugrul, and Mick Lynch. Chet Lay and Mark Robinson represented the applicant and gave an overview of the project. The windspires are contained within the property and will be 30’ high. This has been approved by the Conservation Commission. Roger Putnam moved the Findings of Fact; seconded by Vern Jacob; passed 5-0.
1) This is an application for a Special Permit to install a windspire as provided for in Wellfleet Zoning Bylaw 6.5
2) The applicant seeks to install a 30 foot high windspire which is a windmill as defined by Wellfleet Zoning Bylaw 2.1 and 6.5.3.
3) The Building Inspector has approved the proposed windspire pursuant to Wellfleet Zoning Bylaw 6.5.4.
4) The windspire complies with the conditions of Wellfleet Zoning Bylaw 6.5.1 through 6.5.1.3 and Wellfleet Zoning Bylaw 6.5.1.5.
5) Wellfleet Zoning Bylaw 6.5.1.4 is not applicable to this specific windspire since it does not have a “rotor” as defined by Wellfleet Zoning Bylaw 6.5.3.
6) This is an appropriate location as shown on the approved site plan for a windspire of the type and design depicted in the application.
7) The Board has made a site inspection.
8) There are no objections from abutters.
9) The Conservation Commission has approved the installation of the windspire.
10) There will be no change in use or increase in use of the property as a result of the installation of the windspire.
11) The windspire will not be more substantially detrimental to the neighborhood than the existing non-conforming use.
Mick Lynch moved to approve the Findings of Fact; seconded by Sibel Asantugrul; passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact with one condition; seconded by Mick Lynch; passed 5-0:
Condition:
If the windspire is found to be unsafe by the Wellfleet Building Inspector, it shall immediately cease operation upon written notification by the Wellfleet Building Inspector to the property owner and it shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six months of the written notification. .
7:21 pm
11-04 Currier-Anstine Family LP, 1045 Chequessett Neck Rd., Map 19, Parcel 92, Certificate 175165: Application for installation of one Windspire 1.2 kw vertical axis wind turbine for residential use. The Board consisted of Acting Chair William Nicholson, Vern Jacob, Roger Putnam, Mick Lynch and Sibel Asantugrul. Chet Lay and Mark Robinson represented the applicant and gave an overview of the project. The windspires are contained within the property and will be 30’ high. This has been approved by the Conservation Commission. Roger Putnam moved for the Findings of Fact; seconded by William Nicholson; passed
5-0.
1) This is an application for a Special Permit to install a windspire as provided for in Wellfleet Zoning Bylaw 6.5
2) The applicant seeks to install a 30 foot high windspire which is a windmill as defined by Wellfleet Zoning Bylaw 2.1 and 6.5.3.
3) The Building Inspector has approved the proposed windspire pursuant to Wellfleet Zoning Bylaw 6.5.4.
4) The windspire complies with the conditions of Wellfleet Zoning Bylaw 6.5.1 through 6.5.1.3 and Wellfleet Zoning Bylaw 6.5.1.5.
5) Wellfleet Zoning Bylaw 6.5.1.4 is not applicable to this specific windspire since it does not have a “rotor” as defined by Wellfleet Zoning Bylaw 6.5.3.
6) This is an appropriate location as shown on the approved site plan for a windspire of the type and design depicted in the application.
7) The Board has made a site inspection.
8) There are no objections from abutters.
9) The Conservation Commission has approved the installation of the windspire.
10) There will be no change in use or increase in use of the property as a result of the installation of the windspire.
11) The windspire will not be more substantially detrimental to the neighborhood
than the existing non-conforming use.
Mick Lynch moved to approve the Findings of Fact; seconded by Roger Putnam, passed 5-0. Roger Putnam moved to grant the Special Permit based on the Findings of Fact with one condition; seconded by Sibel Asantugrul; passed 5-0.
Condition:
If the windspire is found to be unsafe by the Wellfleet Building Inspector, it shall immediately cease operation upon written notification by the Wellfleet Building Inspector to the property owner and it shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six months of the written notification
7:30 pm
11-11 William Weber, 15 Franklin Lane, Map 36, Parcel 281, Registered Land 183871: Application for an Affordable Accessory Dwelling Unit under WZB 6.21. The board consisted of Vern Jacob, William Nicholson, Mick Lynch, Sibel Asantugrul and Roger Putnam. Vern Jacob disclosed he and Weber’s parents are members of the Nauset fellowship. Weber stated the accessory dwelling was in the original plans when presented to then Building Inspector, Paul Murphy. Murphy advised him he had to come before the ZBA at some point. There was discussion regarding the two egress doors. There is a three bedroom septic system which has
received Board of Health approval. William Nicholson moved for Findings of Fact; seconded by Roger Putnam, passed 5-0.
1) Subject property is located at 15 Franklin Lane and consists of approximately 30, 492 square feet.
2) Subject property is partially in the residential zone and partially in the commercial zone.
3) A three bedroom single family home is currently under construction.
4) The application is for a 440 square foot Affordable Accessory Dwelling Unit consisting of one bedroom.
5) The affordable unit will be located within the main structure which is currently under construction.
6) There will be no increase in use.
7) The Board of Health has permitted the three (3) bedroom dwelling, including the Affordable Accessory Dwelling Unit.
Roger Putnam moved to approve the Findings of Fact; seconded by Vern Jacob; passed 5-0. William Nicholson moved to grant the Special Permit based on the Findings of Fact with conditions; seconded by Sibel Asantugrul; passed 5-0.
1. The special permit conditions that follow shall be deemed an affordable housing deed restriction in a form satisfactory to the Zoning Board of Appeals in accordance with Section 6.21.2 of the Wellfleet Zoning Bylaw. Failure to comply with any of these provisions shall be considered a violation of special permit requirements and may be subject to fines established in Section 8.3 of the Zoning Bylaw and/or to enforcement requiring removal of the unit.
2. All occupants of the affordable accessory dwelling unit described herein shall upon initial application and annually thereafter on the first of September submit to the Town or its agent documentation to confirm their eligibility for the dwelling unit. All dwelling units must be rented to those meeting established guidelines for low or moderate income families. For the purpose of this section of the Bylaw low income families shall have an income less then 80% of the Town of Wellfleet median family income, and moderate income families shall have an income between 80% and 120% of the Town of Wellfleet median family income, as determined by the United States Department of Housing and Urban Development (HUD) published Income Guidelines, as may from time to time be amended.
3. Maximum rents for the affordable accessory dwelling unit described herein shall be established in accordance with HUD published Fair Market Rental Guidelines. Property owners are required to submit to the Town or its agent information on the rent to be charged. Each year thereafter on the first of September they shall submit information on annual rents charged to the Town or its agent on forms provided for this purpose. Rents may be adjusted annually in accordance with amendments to the HUD Fair Market Rental Guidelines.
4. The property owner named herein shall complete and submit to the Building Inspector an application for a Building Permit to allow a change in use.
5. The septic system is required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
6. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes.
7. The property owner named herein shall obtain a Certificate of Occupancy from the Building Inspector prior to the affordable accessory dwelling unit being occupied.
8. The affordable accessory dwelling unit shall not be separated by ownership from the principal dwelling unit or principal structure.
9) The lot containing an affordable accessory dwelling unit shall be subject to a recorded restriction that shall restrict the lot owner’s ability to convey interest in the affordable accessory dwelling unit, except leasehold estates, for the term of the restriction.
7:45 pm
11-12 Rob and Joan Brandt, 216 Samoset Ave., Map 28, Parcel 93, Registered Land 157822: Application for a Special Permit under WZB 6.1.5.1 to construct roof decking, outside stairway and additional decking. The Board consisted of Vern Jacob, Roger Putnam, Mick Lynch, William Nicholson and Sibel Asantugrul. Dennis McGrath and Bernadette McCloud of Ryder & Wilcox represented the applicant and gave an overview of the project, stating the applicant originally was looking to construct a circular stairway to the existing deck, but later decided they wanted a full stairway for access from the ground to the deck, along with a roof deck and extending
existing decking. An e-mail from abutter Scholl was read into the record who objected to the project. The Board felt the parcel was small and the additions would crowd the lot as well as increase the volume to the dwelling, which may be more detrimental to the neighborhood. Bernadette McCloud stated she would like to discuss the plans with the applicant and requested a continuation to March 17, 2011. Vern Jacob moved to continue to March 17, 2011; seconded by Roger Putnam; passed 5-0.
Vern Jacob moved to adjourn at 8:30; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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