Approved 04 08 21 ZBA mtg mins
Approved
Wellfleet Zoning Board of Appeals
April 8, 2021 7:00 pm
Remote Meeting
Attendees: Sharon Inger, Mick Lynch, Trevor Pontbriand, Andrew Freeman, Al Mueller and Jan Morrissey
Regrets: Manny Heyliger
Reatha Ciotti and Wil Sullivan recused themselves
Chair Inger called the meeting to order at 7:00 pm.
21-13 Great White Realty Group LLC, 1065 State Highway, Route 6: Applicant appeals pursuant to M.G.L. c. 40A s. 8 from the Inspector of Building’s January 14, 2021 Notice to Cease, Desist and Abate and zoning determination that clearing of applicant’s property violates WZB 8.2 (Permit Required) and from zoning determination that the clearing, constitutes the listed excluded uses or uses requiring a Special Permit, “Open Bulk Storage, Quarry, Sandpit, Stripping of Topsoil”.
The Board consisted of Mick Lynch, Trevor Pontbriand, Jan Morrissey and Sharon Inger. Manny Heyliger was unable to attend this meeting. Also in attendance were Al Mueller and Andrew Freeman. Reatha Ciotti and Wil Sullivan recused themselves
The public hearing for this Appeal was closed on March 25, 2021 and the Board is addressing Findings of Fact. [MOU1] [SI2] Attorney Ben Zehnder represented the applicant. Jan Morrissey moved for Findings of Fact; seconded by Trevor Pontbriand. VOTE: Trevor Pontbriand aye; Jan Morrissey aye; Mick Lynch aye, and Sharon Inger ay 4-0.
The lot is in the Commercial District.
The lot consisted of an open foundation for an abandoned storage unit project and fencing but was otherwise vegetated and unimproved.
Applicant intends to lease the property to GFM Enterprises (“GFM”) for the operation of a Contractor’s Yard and contractor’s business.
In the operation of its business, GFM intends to store bulk supplies on the Property, including steel plates, precast riser, piping, outdoor containers, rebar and concrete panels, sand, loam, t-base, and stone.
GFM also intends to screen loam and topsoil on the premises for its use as a building contractor.
Wellfleet Zoning Bylaw 2.1 defines “Bulk Storage, Open” as: “Exposed outside storage of sand, lumber, coal or other bulk materials or supplies.”
Pusuant to Wellfleet Zoning Bylaw 5.3.3, “Bulk Storage, Open” requires a Special Permit in the Commercial District.
Wellfleet Zoning Bylaw 2.1 defines “Quarry, Sand Pit, Gravel Pit, Top Soil Stripping” as: “A lot of land or part thereof used for the purpose of extracting stone, sand, gravel, or top soil for sale or for use at a site removed from said lot, exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit had been made and said permit issued.”
Pursuant to Wellfleet Zoning Bylaw 5.3.3, Top Soil Stripping is prohibited in the Commercial District.
In January 2021, Applicant began to remove trees from the Property, and remove soil and grade the Property without first obtaining a permit from the Building Department.
On January 14, 2021, the Building Inspector issued a Notice to Cease, Desist and Abate to the Applicant stating: “It has come to the attention of the Building Department that violation of Wellfleet Zoning Bylaw 8.2, Permits Required, and an excluded use or allowed by Special Permit only per the Town of Wellfleet bylaws section(s) 5.3.3., Open Bulk storage, Quarry, Sandpit, stripping of Topsoil, is being conducted at the property located at; 1065 Route 6, Wellfleet, MA.”
Applicant indicates that the majority of the soil extracted from the Property will be used to re-grade the Property, but any excess soil may be screened and used in the ordinary course of GFM’s building contractor business.
Wellfleet Zoning Bylaw 8.2.2 states that “no use of land or building shall be begun or changed without a permit having been issued.
Wellfleet Zoning Bylaw 4.1 (1) states that “no building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is or is proposed to be located.”
The clearing of land on this site violates the provisions of WZBL 5.4.2 (19), which notes that “not less than 25% of the required front yard setback (100 feet) must be maintained with vegetative cover.”
The clearing has also destroyed the required 35’ perimeter buffer required in WZBL 6.12.1.
WZBL 5.3.3 prohibits the stripping of topsoil in all districts except as necessary for “grading a lot preparatory to the construction of a building for which the application for a building permit has been made and such permit has been issued.”
The use of soil extracted from the Property for use in a contractor’s business violates WZBL 5.3.3.
Applicant also intends to screen loam and topsoil on the Property. This proposed use conforms to the definition of “Industry, Light,” and thus, requires a Special Permit.
Wellfleet Zoning Bylaw 2.1 defines “Industry, Light” as: “Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property.”
Pursuant to Wellfleet Zoning Bylaw 5.3.2, “Industry, Light” requires a Special Permit in the Commercial District.
The Board finds that Applicant’s proposed uses of site requires a Special Permit for Bulk Storage, Open and Light Industry. The applicant has not applied for any permits or special permits for land use and has not submitted adequate building or site plans.
Mick Lynch moved to accept the Findings of Fact; seconded by Trevor Pontbriand. VOTE: Mick Lynch aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 4-0.
Mick Lynch moved to uphold the Building Inspector’s determination to cease, desist and abate, seconded by Jan Morrissey. VOTE: Mick Lynch aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 4-0.
7:20 pm
21-14 Great White Realty Group LLC, 1065 State Highway, Route 6: Applicant appeals pursuant to M.G.L. c. 40A s. 8 of February 11 and February 22, 2021 Inspector of Buildings determination that 1) applicant’s proposed permitted Contractor’s Yard use requires special permits for Bulk Storage, Open and for Industry, Light for open storage of sand, loam, t-base and stone and screening of topsoil; 2) applicant’s grading of the property for permitted Contractor’s Yard use requires a permit from the Inspector of Buildings
The Board consisted of Trevor Pontbriand, Mick Lynch, Jan Morrissey, and Sharon Inger. Manny Heyliger was unable to participate in tonight’s meeting. Also in attendance was Al Mueller and Andrew Freeman. Reatha Ciotti and Wil Sullivan recused themselves. Attorney Ben Zehnder represented the applicant. The public hearing for this application was closed on March 25, 2021 and the Board is addressing Findings of Fact. [MOU3] [SI4] Mick Lynch moved for Findings of Fact; seconded by Jan Morrissey. VOTE: Mick Lynch aye; Jan Morrissey aye; Trevor Pontbriand aye; and Sharon Inger aye. 4-0
The lot is in the Commercial District.
The lot consisted of an open foundation for an abandoned storage unit project and fencing but was otherwise vegetated and unimproved.
Applicant intends to lease the property to GFM Enterprises (“GFM”) for the operation of a Contractor’s Yard and contractor’s business.
In the operation of its business, GFM intends to store bulk supplies on the Property, including steel plates, precast riser, piping, outdoor containers, rebar and concrete panels, sand, loam, t-base, and stone.
GFM also intends to screen loam and topsoil on the premises for its use as a building contractor.
Wellfleet Zoning Bylaw 2.1 defines “Contractor’s Yard” as: Premises used by a building contractor or subcontractor principally for storage of equipment and supplies, fabrication of subassemblies, or parking of wheeled equipment.”
Pursuant to Wellfleet Zoning Bylaw 5.3.2, “Contractor’s Yard” is allowed as of right in the Commercial District.
Wellfleet Zoning Bylaw 2.1 defines “Bulk Storage, Open” as: “Exposed outside storage of sand, lumber, coal or other bulk materials or supplies.”
Pursuant to Wellfleet Zoning Bylaw 5.3.3, “Bulk Storage, Open” requires a Special Permit in the Commercial District.
Wellfleet Zoning Bylaw 2.1 defines “Industry, Light” as: “Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property.”
Pursuant to Wellfleet Zoning Bylaw 5.3.2, “Industry, Light” requires a Special Permit in the Commercial District.
Wellfleet Zoning Bylaw 2.1 defines “Quarry, Sand Pit, Gravel Pit, Top-Soil Stripping” as: “A lot of land or part thereof used for the purpose of extracting stone, sand, gravel, or top soil for sale or for use at a site removed from said lot, exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit had been made and said permit issued.”
Pursuant to Wellfleet Zoning Bylaw 5.3.3, Top-Soil Stripping is prohibited in the Commercial District.
Pursuant to Wellfleet Zoning Bylaw 5.4.13: “More than one allowed Principal Use and/or Principal Building may be permitted on a lot in District C and District C2 with a Special Permit granted by the Zoning Board of Appeals in accordance with Section 8.4.2 of the Wellfleet Zoning By-laws.”
Although the Applicant intends to use the Property for storage of contractor’s equipment and supplies, the Applicant also proposes to store sand, loam, t-base, and stone in open storage. This proposed use conforms to the definition of “Bulk Storage, Open,” and thus, requires a Special Permit.
Applicant also intends to screen loam and topsoil on the Property. This proposed use conforms to the definition of “Industry, Light,” and thus, requires a Special Permit.
Since the proposed bulk storage and screening uses require Special Permits, the Inspector of Building’s February 11 and February 21, 2021 determination that the Applicant is required to obtain a “Bulk Storage, Open” and “Industry, Light” Special Permits is upheld.
In January 2021, Applicant began to remove trees from the Property, and remove soil and grade the Property without first obtaining a permit from the Building Department.
On January 14, 2021, the Building Inspector issued a Notice to Cease, Desist and Abate to the Applicant stating: “It has come to the attention of the Building Department that violation of Wellfleet Zoning Bylaw 8.2, Permits Required, and an excluded use or allowed by Special Permit only per the Town of Wellfleet bylaws section(s) 5.3.3., Open Bulk storage, Quarry, Sandpit, stripping of Topsoil, is being conducted at the property located at; 1065 Route 6, Wellfleet, MA.”
Applicant indicates that the majority of the soil extracted from the Property will be used to re-grade the Property, but any excess soil may be screened and used in the ordinary course of GFM’s building contractor business.
Wellfleet Zoning Bylaw 8.2.2 states that “no use of land or building shall be begun or changed without a permit having been issued.
Wellfleet Zoning Bylaw 4.1 (1) states that “no building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is or is proposed to be located.”
The use of soil extracted from the Property for use in a contractor’s business violates WZBL 5.3.3.
The applicant has not applied for any permits or special permits for land use and has not submitted adequate building or site plans.
Mick Lynch moved to approve the Findings of Fact; seconded by Jan Morrissey. VOTE: Mick Lynch aye, Jan Morrissey aye, Trevor Pontbriand aye, and Sharon Inger aye. 4-0
Mick Lynch moved to uphold the Buildings Inspector’s determination; seconded by Jan Morrissey. VOTE: Mick Lynch aye, Jan Morrissey aye, Trevor Pontbriand aye and Sharon Inger aye. 4-0. Therefore the applicant’s proposed permitted Contractor’s Yard use requires Special Permits for Bulk Storage, Open and for Industry, Light for open storage of sand, loam, t-base and stone and screen of topsoil.
7:50 pm
21-15 Great White Realty Group LLC, 1065 State Highway, Route 6, Application for a Special Permit under M.G.L. c. 40A s. 9 and WZB 8.4.2 for Bulk Storage, Open for open storage of sand, loam, t-base and stone, and for Industry, Light for screening of topsoil in the Commercial Zoning District; and a Special Permit pursuant to WZB 5.4.13 for multiple principal uses in the Commercial Zoning District, i.e. Contractor’s Yard, Bulk Storage, Open, and Industry, Light.
The Board consisted of Mick Lynch, Trevor Pontbriand, Jan Morrissey, Andrew Freeman and Sharon Inger. Manny Heyliger was unable to attend tonight’s meeting and Mr. Freeman made a declaration of having attended the March 25, 2021 meeting and having read all the pertinent paperwork. Attorney Ben Zehnder represented the applicant. He asked the Board if Attorney David Reid needed to address the appeals previously heard, and Chair Inger stated no. He also addressed the terminology of contractor’s yard and stated the screening of topsoil was going to be eliminated. He asked the Board if he needed to apply for further Special Permits. The Board replied that they are not aware of everything that will be done on the property.
Attorney Zehnder provided an overview of the project. He stated a revised site plan was provided to the board which identifies all the various areas and uses. He went into detail on Bulk Storage Open definition. He explained the excavator will be on a trailer which has wheels and will also be used off site. He identified all the materials that will be stored. There will be two employees who will drive to the job site, take the equipment to the various job sites, and return the vehicles at night. Materials will be delivered to the site from other sources. He believes the vegetated planting plans are adequate. He outlined the zoning districts and stated this site allows this activity. He stated this is good for Wellfleet for employment, access of services to homes and businesses in Outer Cape, and is needed for local construction business.
Attorney David Reid stated he is representing 88 households who are objecting to the project. He stated the definition of contractor’s yard is very broad and feels the activities to take place are very active and not just storage. He stated the excavator will be used on site as well as at customer work sites. He stated he believes the sorting, organizing, procuring and transport of the materials exceeds the contractor’s yard definition. He referred to bylaws 5.3, 6.7, 8.4.2 and 5.2 and reviewed the use, noise, dust, dirt, etc. issues, the visibility of the site, lack of adequate buffer with vegetation, and stated that he does not feel the site plan provided is adequate to identify the location of all the materials and vehicles. He stated he considers this proposal as industrial use. He questioned what benefits the town will receive since GFM already serves the town and surrounding towns. The detriments will have an impact to the neighborhood with noise, dust, dirt, etc. and be offensive to the neighborhood. The buffers have been demolished, and Old Wharf Road is a scenic road.
Attorney Zehnder stated this use will not alter or change any materials; there will be no processing.
Chair Inger [SI5] opened the meeting for public comment. Due to the number of people who made statements, the issues will be listed and participants names will be identified.
Toxic threat from T-Base
Ground Water pollution
Public Health
Water Supply
Traffic safety
Noise, dirt, fumes and dust
Devaluation of properties
Effects on other businesses in the area with dirt and dust as well as noise
Inadequate explanation of the use of existing foundation
Danger to children at the school bus stop on Old Wharf Road
Unclear need for this location as the company has been serving the lower Cape for years
Work was done over a weekend with no permits in place
Clear cutting of trees with no buffer
Safety of area
Have a detrimental effect on abutters and neighborhood enjoyment of their property
Accidents on Route 6 and left turn from Old Wharf Road
Gateway to National Seashore
Fumes from trucks and potential pollution into water
Old Wharf Road scenic road
The following people either spoke or had their letters read:
Dan Williams Sean Brown Thaddeus Siemasko
Neil Shuebin Lou Casey Lisa Monahan
Austinson Tom Cole Scott
Diane Hall
Kathleen Casey Jamie Gibbons Dugan
Estey Dwight Will ?
Checkler Hansen & Johnson Kosak
Iacuessa Wolf & Coakley Iacuessa
Zelman Kandel Dugan
Petrucelli O’Neil Elliott
Shay Dickinson Dickerson
Chair Inger and the Board discussed the following with Attorney Zehnder responding[SI6] :
What is the amount of material in cubic yards: information not available when question was raised.
Will equipment be limited to designated areas: Areas are designated but he will outline the bin locations and calculations of land. He stated they can restrict areas and activities.
Movement of materials within lot: Not making new materials, bulk storage only, no processing
What is your definition of processing: Change to materials
How will dust be handled when loading the trucks: Only one loader on site, minimal dust when loading.
Number of employees: Two; employees will park their own vehicles, will get a company truck, use the loader, and return to the truck. No one will be staying on the property, no sanitation facilities. This is a satellite location. Any new employees will be CDL approved. Will serve Orleans to Provincetown.
Why did they go ahead and clear the property without going to the appropriate people in town.
Perimeter buffering is required. The minimum permissible perimeter buffering on Route 6 is 20% of the lot area: T[MOU7] [SI8] hey should have contacted the appropriate departments in town. They need to restore the buffer with vegetation. Willing to put up fencing. The plan meets the bylaw requirements. There will be no lighting.
Intensity of use – 25% of front yard must be vegetated: Will do additional planting if necessary.
Attorney Jonathan Murray, Town Counsel, stated the applicant has to comply with all aspects of the bylaws. The Building Inspector must enforce or advise the applicant of the buffer requirements. He also recommended the Building Inspector determine if this is a contractor’s yard or light industry.
Contour line in foundation: Foundation area will have a new fence and there are no plans for use at the present time.
The Building Inspector asked for more information and it was not supplied. He requested a professionally signed surveyor’s plan.
Storage: There will be one storage container for tools. There will be no demolition materials. 90% of the materials will be delivered by employees. Other companies will make deliveries. There will be no work performed on the vehicles, no diesel fuel stored on property. Piles of sand will be approximately 12’ high and 6’ to 8’ for stone.
Security: how to keep people out of site: A gate could be added
Dust mitigation: No plan in place, could use irrigation system
Dirt going onto Route 6: Stones could be placed on area where trucks will drive
Access/entryway to property is 20 feet wide
Attorney Reid stated the request for Industrial Light in the application has not been withdrawn. He stated it is his opinion should go to the Cape Cod Commission because this property is 66,000+ square feet and anything over 40,000 square feet requires their review[MOU9] [SI10] . More than 40,000 square feet has been disturbed. The Board would have to refer this to the Cape Cod Commission, and the hearing could not continue until we hear from them. Attorney Murray stated we are under a timeline with the filing, and that it was not apparent, based upon the applicant’s submissions, whether this project required review by the Cape Cod Commission. Attorney Zehnder responded that the area for the business will be 40,000 square feet and he will supply a new plan.
Chair Inger stated the Board would like a revised site plan as well as all the additional information the Building Inspector requested. Attorney Zehnder stated that, while he feels the submitted site plan is adequate, he could provide further information. However, Attorney Zehnder also stated that he does not want to ask his client to incur additional expenses at this time if the Board is not inclined to grant the special permits. [SI11] After discussion, Mick Lynch moved for Findings of Fact; seconded by Jan Morrissey. VOTE: Sharon Inger aye; Andrew Freeman aye; Trevor Pontbriand aye; Mick Lynch aye; and Trevor Pontbriand aye. 5-0
The lot is in the Commercial District.
The lot consisted of an open foundation for an abandoned storage unit project and fencing but was otherwise vegetated and unimproved.
Applicant intends to lease the property to GFM Enterprises (“GFM”) for the operation of a Contractor’s Yard and contractor’s business.
In the operation of its business, GFM intends to store bulk supplies on the Property, including steel plates, precast riser, piping, outdoor containers, rebar and concrete panels, sand, loam, t-base, and stone.
GFM also intends to screen loam and topsoil on the premises for its use as a building contractor.
Wellfleet Zoning Bylaw 2.1 defines “Contractor’s Yard” as: Premises used by a building contractor or subcontractor principally for storage of equipment and supplies, fabrication of subassemblies, or parking of wheeled equipment.”
Pursuant to Wellfleet Zoning Bylaw 5.3.2, “Contractor’s Yard” is allowed as of right in the Commercial District.
Wellfleet Zoning Bylaw 2.1 defines “Bulk Storage, Open” as: “Exposed outside storage of sand, lumber, coal or other bulk materials or supplies.”
Pursuant to Wellfleet Zoning Bylaw 5.3.3, “Bulk Storage, Open” requires a Special Permit in the Commercial District.
Wellfleet Zoning Bylaw 2.1 defines “Industry, Light” as: “Fabrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property.”
Pursuant to Wellfleet Zoning Bylaw 5.3.2, “Industry, Light” requires a Special Permit in the Commercial District.
Pursuant to Wellfleet Zoning Bylaw 5.4.13: “More than one allowed Principal Use and/or Principal Building may be permitted on a lot in District C and District C2 with a Special Permit granted by the Zoning Board of Appeals in accordance with Section 8.4.2 of the Wellfleet Zoning By-laws.”
Pursuant to Wellfleet Zoning Bylaw 8.4.2.1, the Board finds:
Nearby land uses, which include residential properties, restaurants, small retail establishments, and the Cape Cod National Seashore will be damaged by having the proposed use nearby as the result of increased commercial vehicle traffic, construction noise, and construction dust.
The Board determined that the uses of the site which would be displaced or pre-empted by this use to be not applicable.
The Property is located at the intersection of Old Wharf Road and Route 6. Based on personal experiences and observations of the Board members, this intersection is known to be dangerous. The Board found that the increase in commercial truck traffic at this intersection caused by this application, without additional traffic and safety controls, would be detrimental to the surrounding neighborhood.
This Property is more sensitive than are most similarly zoned sites to environmental damage from the proposed use. Applicant has already clear-cut the site and destroyed the valuable natural vegetation on the Property. Prior to the clear-cutting of this site, the property was unimproved and vegetated. Furthermore, the site is located near residential structures, and the proposed uses pose a risk to habitat disturbance and water contamination as a result of increased commercial vehicle traffic, industrial processing of natural materials on the site, and general dust nuisance. Lastly, Applicant seeks to store soil and other materials extracted from throughout the region and has not provided to the Board any plans related to potential groundwater or surface water contamination.
Pursuant to Wellfleet Zoning Bylaw 8.4.2.2, the Board finds:
The proposed use does not contribute to the diversity of services or housing opportunities available locally. The proposed uses on site would not be open to the public and would service only other contractors in the region. In addition, applicant indicates that this is to be a “satellite property,” and that the majority of its overall commercial activity will occur in other municipalities.
The proposed use may have a negative impact on seasonal congestion. Route 6 is a major route to and from the Cape Cod National Seashore. The Board found that the increase in commercial truck traffic on this route caused by this application would have a detrimental effect on peak period congestion.
The proposed use would provide services to the regional construction market year-round.
The likelihood of year-round employment at this Property is minimum. According to the Applicant, the Property would only employ approximately two (2) year-round employees.
The Board found this section to be inapplicable because Applicant is not seeking to construct a residential development.
Pursuant to Wellfleet Zoning Bylaw 8.4.2.3, the Board finds:
This Property abuts Old Wharf Road, which is a Scenic Road. The proposed use does not considerately treat views from public ways and developed properties. While Applicant proposes to install vegetative screening, it proposes to use native white oak tree plantings of at least 2” caliper. Such trees may not provide adequate screening during the fall and winter months when trees lack leaves.
See (a) directly above.
The Board found this section to be inapplicable because the Property is not located near the shoreline.
The Board further finds:
The bulk storage of sand, loam, and topsoil on the Property will likely result in dust that will not remain on the Property.
The screening of loam and topsoil will likely result in dust that will not remain on the Property.
The screening of loam and topsoil will likely result in loud noises from construction equipment that will not remain on the Property.
Applicant has not provided the Board with a dust mitigation plan, a noise mitigation plan, or adequately explained how Applicant will keep dust and noise from leaving the Property. Given the proximity of residential structures to the Property, the Board determined that the proposed uses do not conform to the general purpose of the Commercial District, as found in Wellfleet Zoning Bylaw 3.2, which permits business development, but at the same time, “avoiding [the] creation of hazards or congestion.”
Applicant has not provided the Board with any plans relating to drainage on the Property. Furthermore, in light of the significant heavy commercial vehicle activity proposed on the Property, Applicant has not provided the Board with any plans, policies, or procedures relating to containment and remediation of oil, petroleum products, or other harmful substances that may be accidentally discharged from equipment.
The Board finds that the Property lacks adequate internal circulation to accommodate a front- end loader, two one-ton trucks, two ten wheelers, two skid-steers, one excavator, one small tilt top trailer, one large title top trailer, at least two employee personal vehicles, and any other vehicles that may visit the site. The lack of adequate internal circulation is based in part on the representation that Applicant will be bulk storing materials in various locations on the Property and using the aforementioned heavy construction equipment to process and move the materials. Applicant has failed to present a parking plan for all vehicles or a site circulation plan showing how equipment will be moved on site.
After considering the District Objectives for the zoning district as provided for in WZBL 3.2, namely, “preserving or enhancing landscaping, minimizing visibility of parked autos, and avoiding creation of hazards or congestion[,][MOU12] ” and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the applicant has failed to demonstrate that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Mick Lynch moved to approve the Findings of Fact; seconded by Trevor Pontbriand. VOTE: Sharon Inger aye; Mick Lynch aye; Jan Morrissey aye; Andrew Freeman aye; and Trevor Pontbriand aye. 5-0.
Mick Lynch moved to deny the application; seconded by Jan Morrissey. VOTE: Sharon Inger aye; Mick Lynch aye; Andrew Freeman aye; Trevor Pontbriand aye and Jan Morrissey aye. 5-0
Therefore, the applications for the requested Special Permits are denied.
Chair Inger stated there will no meeting on April 22, 2021.
Mick Lynch moved to adjourn at 10:50 pm; seconded by Jan Morrissey. VOTE: Sharon Inger aye; Mick Lynch aye; Andrew Freeman aye; Jan Morrissey aye; Al Mueller aye; and Trevor Pontbriand aye. 6-0.[MOU13] [SI14]
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Revised Site Plan received on 04/02/21
Email from Gerry Parent regarding scenic roads
Email correspondence between Jonathan Murray and Chair Sharon Inger
Email from Debra Dickinson, Thaddeus and Miranda Siemasko, Jeff Petrucelly, Emeline Dickinson, Hedy Rose opposing project.
Email from DPW identifying current drainage
Certificate pursuant to G.L. e.39 23D(a) where the undersigned member missed a single session of the hearing: Andrew Freeman
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