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Zoning Board of Appeals 10/06/11
Approved
Minutes of Zoning Board of Appeals Public Meeting

Date:           October 6, 2011
Time:           7:00 PM
Location:       Wellfleet Sr. Center
Attendees:      Vern Jacob, Roger Putnam, William Nicholson, Tom Reinhart, William Nicholson, and Christine Bates, Committee Secretary.

Regrets:        Bruce Drucker, Manny Heyliger and Mick Lynch

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.  Chair Jacob welcomed Sharon Inger who will be joining the Board.  

Public Hearings:

7:00 pm
11-22   Delaney, 10 Cedardown Way, Map 16, Parcel 7,  Application for a Special Permit under WZB 6.1. to demolish existing structure and construct new dwelling. The  Board consisted of Vern Jacob, William Nicholson, Robert Hankey, Tom Reinhart, and Roger Putnam.  Mark Clancey represented the applicant and gave an overview of the project.  A letter from Lisa Gillette supported the project.  A letter from Ms. Delaney explained her history with the Town of Wellfleet and her desire to have a new dwelling.  David and Sharon Agger, abutters, questioned the height and outside exterior of the proposed dwelling which Clancey answered.  Ms. Delaneyi’s aunt gave some history on the current building and supported the project.  Roger Putnam questioned the proposed excavation and Clancey stated there will be some intrusion into the hillside to level the area for the dwelling.  Roger Putnam moved for Findings of Fact::
1.      Property is pre-existing, non-conforming, with 16,117 square feet (.37 acres)
2.      According to the Town of Wellfleet records, the present building was constructed in 1982.
3.      The building is in deplorable condition, uninhabitable and a safety hazard.
4.  The lot coverage for the  new construction will be 4%.
5.  There will be no intrusion into the side setback going from 21feet to 25 feet.
6.  There were no objection from abutters, and two in favor of the project.
7.  The Board of Health has a 3 bedroom septic plan in place.

Robert Hankey moved the Findings of Fact; seconded by Roger Putnam.  Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Robet Hankey; passed 5-0.
 
7:25 pm
Community Housing Resource, Inc., (Town of Wellfleet) 250 Gull Pond Rd., Map 8, Parcel 39:  Application for Comprehensive Permit (MGL CH 40B, S20-23), development of five (5) units of affordable and median income housing for first time buyers on a single lot – Request for 3 year extension.  Ted Malone, applicant, stated the economic situation has halted the progress.  He stated a grant has been received to initiate the breaking of ground.  There are no changes to the project.  Elaine LaChapelle stated she supports the extension and read a letter on behalf of the Housing Authority supporting the extension.  Findings were provided by Attorney Peter Freeman.  Tom Reinhart still has concerns with the site location and expressed concern that there will be excavation on the hill and the project may not get completed due to funding.  Chair Jacob read Finding of Fact 12 from the Special Permit.  Malone stated there are multiple funding sources which are provided to the Town.  There will be monies from the Town Community Preservation and also the Affordable Housing Fund, and other grants are in the process.  Malone stated there are work limit lines for the roadway/driveway.  He stated they are approximately $100,000 short on funds, which he feels confident will be available when the building commences.  Ted Malone stated 3 units are to be low/moderate income under 40B and 2 units will be median income.  Roger Putnam moved the Findings of Fact
1.      By a written decision filed with the Town Clerk on October 30, 2008, the Town of Wellfleet Zoning Board of Appeals granted to the Applicant a Comprehensive Permit for construction of a 5 unit condominium for-sale development of which all 5 units are to be low or moderate income units under Chapter 40B.
2.      By a written Request for Extension dated September 7, 2011 from the Applicant’s counsel, Peter L. Freeman, the Applicant requested a three (3) year extension of the Comprehensive Permit, citing the deteriorating real estate market over the last three (3) years as grounds for the extension.
Roger Putnam moved to approve the Findings of Fact, seconded by Robert Hankey; passed 5-0.   Roger Putnam moved to grant the three extension to October 30, 2014; seconded by  Robert Hankey; passed 5-0.

Other Business

Vern Jacob reported he had a meeting with Janet Reinhart, Chair of the Planning Board and stated he presented the draft memo from Bruce Drucker regarding by-law changes.    He pointed out to her the primary concerns are affordable housing and accessory buildings, as welkl as the other matter in the Bruce Drucker memo.  A sub-committee of two members from each board will work together to discuss further.  She reported they did not have a quorum at their last meeting so she will address this at their next meeting.  

Robert Hankey moved to approve the amended July 21, 2011 meeting minutes; seconded by Roger Putnam; passed 5-0.
Robert Hankey moved to approve the amended August 18, 2011 meeting minutes; seconded by William Nicholson; passed 5-0.
  
Sharon Ingers questioned the process of the hearings and meeting.  

Roger Putnam moved to adjourn at 7:50; seconded by Vern Jacob; passed 5-0.

Respectfully submitted,



Christine Bates
Committee Secretary