Minutes of Zoning Board of Appeals Public Meeting
Date: September 15, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Bruce Drucker, Roger Putnam, Manny Heyliger, Mick Lynch and Christine Bates, Committee Secretary.
Regrets: Tom Reinhart and William Nicholson
Chair Vern Jacob opened the meeting at 7:00 p.m. and stated the meeting was being recorded. He gave an overview of the agenda and the business meeting.
Public Hearings:
7:00 pm
11-20 Siggia, 325 Paine’s Hollow Rd., Map 35, Parcel 71: Application for a Special Permit under WZB 6.1.5 to extend deck structure. The Board consisted of Vern Jacob, Roger Putnam, Bruce Drucker, Manny Heyliger and Robert Hankey. Mark O’Neil, representing the applicant, stated there is an existing ramp to get to the deck and the owners want to extend the deck to the beginning of the ramp. There will be no change to the grades. There was discussion regarding when the ramp was built and the applicant stated that the ramp was in place at the time they purchased the house. The applicant stated that the ramp was in
place at the time they purchased the house. Roger Putnam moved for Findings of Fact:
1. This is an application for special permit under Wellfleet zoning bylaw 6.1.5 to extend the existing deck structure.
2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2
3. The existing non-conformity regarding the structure is a 9 ft. intrusion into the side setback of a raised ramp walkway.
4. The proposed deck extension will be approximately the same as the existing intrusion into the setback.
5. There will be no change in use.
6. There will be no increase in use.
7. There was no objection from the abutters.
8. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
9. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
7:15
11-21 Kahn, 30 Marsh View, Map 28, Parcel 224: Application for a Special Permit under WZB 6.1.5 to enlarge two-story deck and add 6” siding/insulation to all exterior walls and roof. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, Robert Hankey and Mick Lynch. Ms. Kahn stated she has to take off the existing decks in order to install the insulation. She stated the decking will be 12’6” from the current dwelling. A structural engineer advised her the added weight will be ok structurally. Letters of support were received from Fred and Catharie Nass, Andrew Riley, Margi and Jonathan Esten and Bob
Oberding. The Board felt the improvements were good in terms of energy conservation. Bruce Drucker pointed out the house was originally built on the side setback in 1970. He questioned if the decking would be more substantially detrimental to the neighborhood due to the setback issues which will create an additional 5’ intrusion. Kahn stated the lot next to her is unbuildable and the road is basically unused and the cul-de-sac is a paper road. She stated this is an upside down house with the main living area on the top floor. The Board discussed the setback issues regarding the decking and some members felt strongly that the zoning bylaws make this project difficult to approve. Sibel Asantugrul, Building Inspector, stated she had a discussion with Ms. Kahn and was told there was some repair work to be done. Ms. Kahn requested a continuation to October 20, 2011. Robert Hankey moved for a continuation to October 20, 2011;
seconded by Manny Heyliger; passed 5-0.
Other Business
Sibel Asantugrul stated she is at the meeting as the building inspector and wanted to discuss possible bylaw changes, referencing the Planning Board’s letter.
Vern Jacob stated Roger Putnam was informed by Tom Reinhart he was a Member of the Energy Board. Christine Bates, Committee Secretary, did not find any meeting minutes to confirm. Vern Jacob moved to assign Tom Reinhart to the Energy Board; seconded by Bruce Drucker; passed 4-2. Robert Hankey stated the ZBA has never arbitrarily supported members to represent them to other boards and he and Roger Putnam were against this vote. Vern Jacob stated the vote will be delayed until a discussion takes place with Tom Reinhart. Roger Putnam questioned if members of the ZBA can be on other town boards without conflict. The Board will discuss this with Tom Reinhart at their next meeting of the ZBA..
A letter was received from Peter Freeman, lawyer for the 250 Gull Pond 40B, requesting a three year extension. Ms. Bates is to contact Freeman requesting him to provide findings of fact and a draft decision regarding the extension request. The Board will make a motion and take a vote at the October 6, 2011 meeting. Peter Freeman does not have to be in attendance.
Sibel Asantugrul stated Town Administrator, Paul Seiloff, requested the fees be reviewed by the ZBA. After some discussion and recommended edits, Ms. Asantugrul will make the necessary changes.
Bruce Drucker provided a rough draft of a letter to the Planning Board regarding the zoning bylaws. He recommends the bylaws have simpler explanations, that the Planning Board play an active role in affordable housing and report to the town their findings on how and what we do as a town to promote affordable housing, and the concern with the lack of enforcement for Special Permits granted to property owners with Affordable Accessory Dwelling Units. There was discussion regarding Bylaw 6.2, Accessory Buildings regarding the size and setback requirements, which the Board feels the Planning Board should address. Roger Putnam recommended there be an informal meeting between the Chair of the ZBA and the Chair of the Planning Board to determine a process for the review. Vern Jacob requested Board
members and Sibel Asantugrul have comments ready for the October 6, 2011 meeting
Vern Jacob stated he had been approached by community members asking him who would enforce people sleeping in tents and can a property owner have more than two boats on their property without being considered a home business. The Board stated they felt it would be the Building Inspector.
Mick Lynch moved to adjourn at 8:30; seconded by Bruce Drucker, passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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