Minutes of Zoning Board of Appeals Public Meeting
Date: April 7, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker, Robert Hankey, Sibel Asantrugul, Mick Lynch , William Nicholson, Tom Reinhart, Manny Heyliger, Sibel Asantugrul, Roger Putnam, and Christine Bates, Committee Secretary.
Regrets: Vern Jacob
Vice Chair Drucker opened the meeting at 7:00 p.m. and stated the meeting was being recorded.
Public Hearings:
7:02 pm
11-11 Brandt, 216 Samoset Ave., Map 28, Parcel 93, Application for a Special Permit under WZB 6.1.5.1outside stairway and additional decking (Cont’d from 03/17/11)
At the request of the applicant, Roger Putnam moved to continue to 5/5/11; seconded by William Nicholson; passed 5-0.
7:04 pm
09-21 Moore, 975 Chequessett Neck Rd., Map 19, Parcel 96: Amendment to Special Permit to increase height of windspire from 23 feet to 30 feet. The Board consisted of Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger and Sibel Asantugrul. Mark Robinson stated they want to increase the height 6.5 feet because the turbine is not getting enough wind for good rotation and the applicant is only getting 20% of the potential power. An e-mail from abutter Jackie Fouse objected to the increase in height and interference with her sight views. There was discussion regarding flicker to the abutter’s property. If
the windspire rotated at optimal speed of 400 rpm’s, there would be no flicker at all. Robinson stated there will be further oxidization on the spires and anything shiny will fade. Bruce Drucker moved for Findings of Fact:
1. This is an application to amend Special Permit 09-21 under WZB 6.5 in order to remove the existing 23’ high windspire and replace it with a 29.5’ windspire which will improve its operation.
2. The 29.5’ windspire complies with the conditions of Wellfleet Zoning Bylaw 6.5.1 through 6.5.1.3 and Wellfleet Zoning Bylaw 6.1.5.1.
3. Wellfleet Zoning Bylaw 6.5.1.4 is not applicable to this windspire since it does not have a “rotor” as defined by Wellfleet Zoning Bylaw 6.5.3.
4. This is an appropriate location as shown on the site plan for a windspire of the type and design depicted in the application.
5. The Board has made a site inspection and has observed the proposed 29.5’ height of the windspire by the use of a stadia extended to 30’.
6. There is an objection from an abutter.
7. There will be no change in use or increase in use of the property on which the windspire is to be installed.
Sibel Asantugrul moved the Findings of Fact; seconded by William Nicholson; passed
5-0. Bruce Drucker moved to grant the amendment based on the Findings of Fact, subject to the following condition:
1. 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.
seconded by Robert Hankey; passed 5-0
7:43 pm
11-01 Currier, 1035 Chequessett Neck Rd., Map 19, Parcel 92-1: Application for Variance under WZB 6.5.1.1 and 8.4.3.1 based on size of lot for fall zone for windspire, applicant seeks a variance. The Board consisted of Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger and Mick Lynch. Chet Lay represented the applicant and gave an overview of the variance request, Town Counsel’s recommendations, and that all the family members of the abutting lots are in agreement to the easements.
Bruce Drucker moved for Findings of Fact:
1. This is an application for a Variance under Wellfleet Zoning Bylaw 8.4.3.1 to install two 30 foot high windspires as provided for in Wellfleet Zoning Bylaw 6.5
2. The windspires are windmills as defined by Wellfleet Zoning Bylaw 2.1 and 6.5.3.
3. The Building Inspector has approved the proposed windspires pursuant to Wellfleet Zoning Bylaw 6.5.4.
4. The windspires comply with the conditions of the Wellfleet Zoning Bylaw 6.5.1.2 and 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 windspires of the type and design depicted in the application.
7. The Board has made a site inspection and has observed the proposed 30’ height of the windspire by the use of a stadia pole extended to 30’.
8. There are no objections from abutters.
9. The lot is uniquely narrow and therefore cannot accommodate the so-called “fall zone” setback requirements of Wellfleet Zoning Bylaw 6.5.1.1.
10. The windspire is unique in that it does not have rotor blades that would extend its height as is the case of a traditional windmill and, therefore, the windspire does not require as much of a fall zone as a traditional windmill.
11. The applicant has obtained an easement from the abutting landowner which has been approved the Wellfleet Town Counsel in order to provide the “fall zone” setback required by the Wellfleet Zoning Bylaw 6.5.1.1.
12. Wellfleet Town Counsel’s February 23, 2011 letter states in light of the circumstances of this application, the Board could, in its discretion, reasonably grant a variance.
13. The Board finds that owing to circumstances relating to the unique structure of the proposed windspire and the narrow shape of the applicant’s lot but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of setback requirements of Wellfleet Zoning Bylaw 6.5.1.1 would involve substantial hardship, financial or otherwise, to the applicant and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw.
William Nicholson moved to approve the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to grant the variance subject to the following condition:
1. If either windspire is found to be unsafe by the Wellfleet Building Inspector it shall immediately cease operation upon written notification by the Wellfeet 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.
2. Prior to the installation of the windspires, the easement provided by the abutting landowner to provide the fall zone setback requirements of Wellfleet Zoning Bylaw 6.5.1 shall be duly filed and records.
seconded by Manny Heyliger; passed 5-0.
7:55 pm
11-02 Currier-McCormick, 1025 Chequessett Neck Rd., Map 19, Parcel 92.2: Application for Variance under WZB 6.5.1.1 and 8.4.3.1: based on size of lot for fall zone for windspire, applicant seeks a variance. The Board consisted of Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger and Mick Lynch.
Chet Lay represented the applicant and gave an overview of the variance request, Town Counsel’s recommendations, and he stated all families are in agreement to easements.
Bruce Drucker moved for Findings of Fact:
1. This is an application for a Variance under Wellfleet Zoning Bylaw 8.4.3.1 to install one 30 foot high windspire as provided for in Wellfleet Zoning Bylaw 6.5
2. The windspire is a windmills 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 comply with the conditions of the Wellfleet Zoning Bylaw 6.5.1.2 and 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 and has observed the proposed 30’ height of the windspire by the use of a stadia pole extended to 30’.
8. There are no objections from abutters.
9. The lot is uniquely narrow and therefore cannot accommodate the so-called “fall zone” setback requirements of Wellfleet Zoning Bylaw 6.5.1.1.
10. The windspire is unique in that it does not have rotor blades that would extend its height as is the case of a traditional windmill and, therefore, the windspire does not require as much of a fall zone as a traditional windmill.
11. The applicant has obtained an easement from the abutting landowner which has been approved the Wellfleet Town Counsel in order to provide the “fall zone” setback required by the Wellfleet Zoning Bylaw 6.5.1.1.
12. Wellfleet Town Counsel’s February 23, 2011 letter states in light of the circumstances of this application, the Board could, in its discretion, reasonably grant a variance.
13. The Board finds that owing to circumstances relating to the unique structure of the proposed windspire and the narrow shape of the applicant’s lot but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of setback requirements of Wellfleet Zoning Bylaw 6.5.1.1 would involve substantial hardship, financial or otherwise, to the applicant and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw.
Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Bruce Drucker moved to grant the variance subject to the following conditions:
1. If either windspire is found to be unsafe by the Wellfleet Building Inspector it shall immediately cease operation upon written notification by the Wellfeet 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.
2. Prior to the installation of the windspires, the easement provided by the abutting landowner to provide the fall zone setback requirements of Wellfleet Zoning Bylaw 6.5.1 shall be duly filed and records.
Seconded by Manny Heyliger; passed 5-0.
Other Business
Robert Hankey moved to adjourn at 8:30 pm; seconded by Bruce Drucker; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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