Minutes of Zoning Board of Appeals Public Meeting
Date: November 3, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Bruce Drucker, William Nicholson, Roger Putnam, Tom Reinhart, Manny Heyliger, Mick Lynch and Christine Bates, Committee Secretary.
Regrets: Robert Hankey
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
11-23 Jack and Margaret Tribble, 110 Hiller Ave, Map 20, Parcel 72: Application for a Special Permit under 6.1 to demolish non-conforming structure and construct new structure that will be conforming on a non-conforming parcel.
The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Roger Putnam, replacing Robert Hankey. Bruce Drucker stated that because the new structure will be conforming he didn’t feel the applicant required a Special Permit. The fact that a lot is non-conforming does not mean that the structure requires a special permit. If the structure is conforming on the property it doesn’t require a special permit and is entitled to a permit as of right. It was suggested a letter be sent to Mr. Stevens stating the Board did not feel a Special Permit was necessary and requested the Building Inspector issue a building permit. Roger Putnam moved that it is the opinion of the Board of Appeals that no Special Permit is required; seconded by William
Nicholson; passed 5-0. Bruce Drucker moved that the Zoning Board of Appeals respectfully request the Building Inspector to issue a Building Permit based upon the plans that the building is conforming in all respects; seconded by Vern Jacob;
passed 5-0. William Nicholson moved to reimburse the filing fees to the Tribbles because no Special Permit is required; seconded by Roger Putnam; passed 5-0.
Other Business
Discuss ZBL 6.2 – Accessory Buildings
Janet Reinhart of the Planning Board came to discuss the draft letter from the ZBA. Tom Reinhart asked for a recap of what happened to create the letter and Drucker stated he drafted the letter. After the draft was presented to the Board, the Board voted that the Chair of the ZBA meet with the Chair of the Planning Board. Janet stated the Planning Board reviewed the letter on 11/2/11. Janet stated the Planning Board wanted to meet as a whole instead of having two representatives from each Board meet.
The Planning Board is working on the wind spire bylaw. She asked the ZBA to offer any information or experience they could. Mick Lynch stated he would be happy to assist because he has been studying it.
Janet Reinhart stated she would welcome input and identify problems regarding Affordable Housing units. She stated they have been identifying nonconforming lots and how structures should sit on them. She stated as the by-laws are written, the owner has the choice to live in the AADU. They discussed if it was a requirement that the owners of the property be yearly residents of the town, and the Planning Board agreed nonresidents can have AAUD’s. She stated the Planning Board agrees that
WZBL 6.1.2 relating to the destruction of a home by fire needs to be updated, as well as the definition of restaurant in WZBL 2.1.
Accessory Buildings
Chair Jacob read bylaws that refer to accessory buildings. He noted and confirmed with Committee Secretary, Christine Bates, that there have been several people coming into the building department regarding accessory buildings, questioning why they were not notified of the construction. Chair Jacob stated the bylaws currently are written very loosely. After exchanging ideas, the Board requested Janet Reinhart return to the Planning Board to discuss possible suggestions proposed in a written memo by Roger Putnam a copy of which was given to Janet.
Janet Reinhart recommended two people come to the December 7, 2011 meeting and the Board endorsed Bruce Drucker and William Nicholson be the ZBA’s representatives. Chair Jacob requested Janet Reinhart have the Planning Board deal first with accessory buildings.
Steven Orcutt from the audience stated he was interested in learning more about accessory buildings.
Janet questioned the legal terms of “intentional” and “rational”. Bruce Drucker stated bylaws should be interpreted as they are written.
Manny Heyliger stated he will not be here for the Dec 1, 2011 meeting.
The Board thanked Janet Reinhart for coming.
Roger Putnam moved to approve the amended September 15, 2011 meeting minutes; seconded by William Nicholson; passed 5-0.
Roger Putnam moved to approve the amended October 6, 2011 meeting minutes; seconded by William Nicholson; passed 5-0.
Roger Putnam moved to approve the amended October 20, 2011 meeting minutes; seconded by William Nicholson; passed 5-0.
Vern Jacob moved to adjourn at 8:20 pm; seconded by Tom Reinhart; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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