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Zoning Board of Appeals 06/07/12
Approved
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Minutes of Zoning Board of Appeals Public Meeting

Date:   June 7, 2012
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees:  Acting Chair William Nicholson, Manny Heyliger, Robert Hankey, Roger Putnam, Mick Lynch, and Christine Bates, Committee Secretary
Regrets:  Vern Jacob, Bruce Drucker and Sharon Inger    

Acting Chair Nicholson called the meeting to order at 7:00 pm.  
        
 7:01 pm

12-20   Edward Simpson, 25 Caledonia Path, Map 42, Parcel 83:  Application for a Special Permit for a family farm/stable permit for chickens.  The Board consisted of William Nicholson, Manny Heyliger, Robert Hankey, Mick Lynch and Roger Putnam.  Mr. Simpson stated he wanted to have the chickens for his grandchildren.  He stated he is limited to where the coop could be located due to the wet lands around his property.  He gave an overview of the design of the coop.  His manure plan includes using it for compost for the gardens.  He would like to have up to 12 bantams or 6 hens with no rooster.  Three letters were read into the record, one opposing and two supporting.  Roger Putnam moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1)      This is an application under WZB 5.3.1 and 8.4.2.
2)      The application covers a residential property in the R1 district.
3)      The buildings are lawfully existing under the Wellfleet Zoning Bylaws.
4)      There will be less than 0.01% increase in lot coverage.
5)      The addition of the chicken coop and run represents an increase in use.
6)      The use contributes to the diversity of the neighborhood.
7)      The project and manure handling have been approved by the Wellfleet Board of Health.
8)      There are no objections from immediate abutters.
9)      There was one objection by a non-abutter.
10)     No public or private views are impacted by the project.
11)     The proposal is not a significant development.
12)     The addition of the chicken coop and run will not be substantially more detrimental to the neighborhood than the existing structures.
Manny Heyliger moved to approve the Findings of Fact; seconded by Mick Lynch; passed 5-0.  Roger Putnam moved to grant the Special Permit based on      the Findings of Fact with conditions; seconded by Manny Heyliger; passed 5-0.   
        Condition(s)
1.      There shall be no roosters
2.      There shall be no more than 12 hens.

7:17 pm
12-16   Paul and Patricia McDavitt, 175 Commercial St., Map 21, Parcel 117:  Application for a Special Permit under WZB 6.1.5.1.b and 6.14.3:  add a deck and steps to south side of dwelling. (Cont’d from 05/17/12).  The Board for this hearing is William Nicholson, , Manny Heyliger, Robert Hankey, replacing Vern Jacob,   Roger Putnam, replacing Sharon Inger, and Mick Lynch. replacing Tom Reinhart.  All replacements stated they had read the meeting minutes and had made a site visit.  The applicant was satisfied with the Board.  Chet Lay gave an overview of the revised plan, stating they had reduced the size of the deck, moving it further away from Commercial Street and lowered the height of it.  The Board commended the applicant for the mitigations made.  William Nicholson moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1)      This application is made under WZB 6.1.5.1.B and 6.14.3.
2)      The lot and building are lawfully pre-existing having been built in the 1840’s according to the Assessors records.
3)      This lot is located within the Central District.
4)      There will be no volumetric increase.
5)      There will be no increase in lot coverage.
6)      There will be no change or increase in use.
7)      There is one letter of objection from an abutter.
8)      Consideration has been given to views from Commercial Street.
9)      The granting of this exemption will not result in increased flood heights, flood storage capacity, additional threats to public safety or extraordinary public expense.
10)     The proposal is not a significant development.
11)     The addition will not be more substantially detrimental to the neighborhood than the existing structure.

Manny Heyliger moved 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; seconded by Mick Lynch; passed 5-0.

Roger Putnam thanked Chet Lay for his professional presentations.  

Other Business

William Nicholson moved to adjourn at 7:30 pm; seconded by Manny Heyliger; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary