Approved ZBA mtg mins 01/15/15

Meeting date:

Thursday, January 15, 2015

Approved

Zoning Board of Appeals

Meeting Minutes

January 15, 2015, 7:00 pm

Wellfleet Senior Center

Attendees: Acting Chair Bruce Drucker, Roger Putnam, Mick Lynch, Sharon Inger, Don Palladino and Sibel Asantugrul

Regrets: Vern Jacob, William Nicholson and Manny Heyliger

Acting Chair Bruce Drucker called the meeting to order at 7:00 pm.

7:00pm

13-04 Itty Bitty, LLC, 284 Ocean View Drive, Map 24, Parcel 95, Request for two year extension. The Board consisted of Bruce Drucker, Roger Putnam, Mick Lynch, Sibel Asantugrul and Don Palladino. Scott Corson, owner, and Jay Horowitz requested a two year extension. The Board had no issue with the request. Roger Putnam moved to approve the two year extension; seconded by Bruce Drucker; passed 5-0.

7:03 pm

15-03 Stephen Roderick, 489 Rte 6, Map 42, Parcel 129, Application for a Special Permit to convert office space to one bedroom apartment. The Board consisted of Bruce Drucker, Roger Putnam, Mick Lynch, Sharon Inger and Don Palladino. , Mr. Roderick requested to withdraw his application without prejudice on the advice of his lawyer. Bruce Drucker moved to allow the application be withdrawn without prejudice; seconded by Don Palladino; passed 5-0.

7:06 pm

David Friend, 675 Gull Pond Rd., Map 9, Parcel 627: Application for Variance from minimum lot area and frontage, front, side and rear minimum setbacks, maximum site cover / NSP, to alter a non-conforming single family residential structure to constructing a new exterior staircase and to construct a guesthouse. The Board consisted of Bruce Drucker, Mick Lynch, Roger Putnam, Sibel Asantugrul and Sharon Inger. Attorney Ben Zehnder requested the application be withdrawn without prejudice.

Roger Putnam moved to allow the application be withdrawn without prejudice; seconded by Bruce Drucker, passed 5-0.

7:08 pm

15-05 David Friend, 675 Gull Pond Rd., Map 9, Parcel 627, Application for a Special Permit pursuant to WZB 6.1.5, 6.24 and 8.4.2 to alter a non-conforming single family residential structure to constructing a new exterior staircase and to construct a guesthouse

The Board consisted of Bruce Drucker, Roger Putnam, Mick Lynch, Sibel Asantugrul and Sharon Inger. Attorney Ben Zehnder represented the applicant and provided proposed Findings of Fact to the Board. He referred to the site plan identifying current lot coverage and proposed lot coverage. He stated the owner would like additional living space as well as improvements to the existing structure. The project calls for removing approximately 500 square feet of roofline decking. Attorney Zehnder stated the bylaws permits a guest house as a matter of right; however, the lot coverage would increase to 12% and because it is located within the National Seashore, the volumetric increase requires a special permit. The proposed studio will be approximately 15’ in height and 250 square feet and not affect views. Attorney Zehnder addressed the National Seashore letter of January 6, 2015, stating the construction would be below a 50% increase and should the permit be grant, a condition could be to remove the decking located on the Seashore property. Bruce Drucker read the letter from the National Seashore that expressed concerns with violations of the Wellfleet zoning bylaws, the current nonconformities, and concerns of the Conservation Commission. The Board’s general feeling was that the property is too small for further development, construction would be within buffer zones as well as setbacks, the site is environmentally sensitive and the proposal increases the use. Attorney Zehnder requested a continuation so that he could have a discussion with the owner of the property. He stated there is other relatively modest changes to the existing dwelling which falls under the special permit such as stairways and decking and would like to keep the application open. The Board said that it would consider modest changes to the existing building upon receipt of appropriate plans, but the approval, if any, of changes to the existing building would be conditioned on removing the decking that’s on National Seashore property. Roger Putnam moved to continue to March 5, 2015; seconded by Sharon Inger; passed 5-0.

7:38 pm

Wellfleet Chamber of Commerce, 255 Commercial St., Map 21, Parcel 114: Appeal from Person Aggrieved, a pre-existing sign/informational kiosk on town property / Marina does not require a signage variance but is a permitted use pursuant to WZB 5.3.4 “municipal purposes”. The Board consisted of Bruce Drucker, Mick Lynch, Roger Putnam, Sharon Inger and Don Palladino. Jennifer Pierce, Executive Administrator of the Wellfleet Chamber of Commerce, and Attorney Bruce Bierhans, attorney for the Applicant, came to the table. Attorney Bierhans gave a history of the Town grants which were provided for the sign. He stated the Town Administrator would like to have a task force formed to determine if there is another location for the sign and requested a continuation of one to two months for the application so the task force can be formed and meet. Bruce Drucker stated there are no records of discussion by the Board of Selectman regarding a task force. The Chamber of Commerce must first obtain permission from the Board of Selectman to locate a sign on Town property and may have to go before Town Meeting since they apparently want to permanently use Town owned property for the placement of the sign. He stated a decision from a task force, if assembled, will have no impact on the ZBA which is being called on by the application to determine whether the sign can receive a permit under the Wellfleet zoning bylaw. Jennifer Pierce stated the Town approached the Economic Development Committee to address the sign, the location, and promote the businesses in town. She stated she wrote the grant, had several discussions with the Town Administrator, and received money and permission from the Town for the sign. She stated guide books were going to be placed on the sign and they wanted a visible location to distribute information. She stated the Harbor Master determined the location at the harbor . Acting Chair Drucker stated that based on the minutes of the two November meetings of the Board of Selectmen he didn’t believe the Board of Selectmen was aware of the circumstances leading to the installation of the sign on the Town owned pier even after the Chairman of the Board signed and submitted the Building Permit on behalf of the Town. Ms. Pierce stated that no one had advised her that the sign required a permit from the Building Inspector or authorization from the Board of Selectmen to be erected on Town property. Attorney Bierhans stated it was acknowledged by the Town that mistakes were made.

Roger Putnam addressed the following statements & questions to Attorney Bierhans:

The proposed site is on Town property
The site is in or immediately abutting a public way
The site creates a safety issue as it blocks the view of vehicular as well as pedestrian traffic
The site is within the Wellfleet ACEC
The site is within the 100 foot and 50 foot buffer zones
Were these encroachments approved by the Conservation Commission at a public meeting
The proposed site is within an iconic view shed
Was this matter discussed or acted upon by the Open Space Committee
There are no recorded minutes of Board of Selectmen which disclose any vote on this sign, prior to the vote to remove it to storage
There are no recorded minutes showing that the Board of Selectmen has voted to authorize this use of Town property
The minutes of the Board of Selectmen meetings do not disclose a vote authorizing the Chairman to request, ex parte, a building permit for this sign
There are no minutes of the Citizens Economic Development Committee authorizing the expenditure of “grant” money for this sign
In fact, the Citizens Economic Development Committee kept no minutes
Should the Board of Selectmen vote to gift, leave, sell or hypothecate town property, it must go before a Town Meeting for approval
By what right does one petition for a special permit on land owned by another party

Ms. Pierce stated the Town was supposed to provide someone to take minutes and it hadn’t happened in the last year. She stated there are limited funds in the Citizens Economic Development Committee and, although their contribution toward the sign were considered large for them, the committee felt the sign would offer economic support to the town businesses. Members of the Board questioned how does the Chamber of Commerce have the right to appeal the Building Inspector’s decision denying a permit to the Town on land the Chamber of Commerce does not own or have authorization to use for a 153sf sign. Bruce Drucker stated he hoped the Building Inspector would not be penalized by the Town for his ruling. Bruce Bierhans requested the application be withdrawn without prejudice. He stated the people involved worked very hard and were well intentioned. Bruce Drucker moved to allow the application be withdrawn without prejudice; seconded by Roger Putnam; passed 5-0.

8:20 pm

Wellfleet Chamber of Commerce, 255 Commercial St., Map 21, Parcel 114: Application for a Variance pursuant to WZB 7.3.2 and 7.3.4 to the provisions of Sections VIII 8.4.1: petitioner seeks a dimensional variance for a pre-existing sign/information kiosk erected on town property with partial town funding. The Board consisted of Bruce Drucker, Mick Lynch, Roger Putnam, Sharon Inger and Don Palladino. At the request of Attorney Bruce Bierhans, Bruce Drucker moved to allow the application be withdrawn without prejudice; seconded by Don Palladino; passed 5-0.

Meeting Minutes

Bruce Drucker moved to approve the amended 11/16/14 meeting minutes; seconded by Roger Putnam; passed 6-0.

Bruce Drucker moved to adjourn at 8:25 pm, seconded by Mick Lynch; passed 6-0.

Respectfully submitted,

Christine A. Bates

Committee Secretary