Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
August 25, 2022 7:00 pm
Zoom Remote Meeting
Attendees: Chair Sharon Inger, Trevor Pontbriand, Mick Lynch, Manny Heyliger, Jan Morrissey, Wil Sullivan, and Andy Freeman,
Regrets: Al Mueller and Reatha Ciotti
7:00 pm
22-16 Fellows (Preservation of Affordable Housing), 95 Lawrence Road, Map 13, Parcel 2, Application for Comprehensive Permit under MGL 40B, S20/23. Development of 46 Affordable Units consisting of a Lower Village building consisting of 22 one and two-bedroom flats, and an Upper Village with 24 one, two, and three bedroom townhomes. The Board consisted of Sharon Inger, Wil Sullivan, Trevor Pontbriand, Mick Lynch, and Manny Heyliger.
Vita Shklovsky identified all the various companies and people involved in the 40B project. Rebecca Roughley, Assistant Town Administrator, introduced David Formato of On Site Engineering who presented an overview of the waste water portion. There will be a waste-water facility on site that will serve the affordable housing as well as the school, police and fire stations, which will improve the water quality for the Duck Creek area. Other parts of the town and private systems could be added later. The town will be responsible for the oversight of the project. On Site Engineering is working for the town and not the 40B project developers. Wil Sullivan questioned if the town had approved the waste-water system and Rebecca Roughley replied that the project had been approved at a recent Town Meeting. The waste-water system will be located along the access road to the water tower, but they are still looking at the site. Jan Morrissey questioned the waiver request for the septic system, and Andrew Singer replied it was added in the event the waste water portion was not approved. Kathleen Bacon spoke and stated that she has worked for several years on the project and feels the proposal with the waste-water facility is the best for the town.
Shklovsky stated they held their meeting with the Building Inspector, the DPW director, Fire Department and Police Department earlier in the week. Due to some of the comments and recommendations, some of the drawings that were submitted last Friday will change slightly.
Bryan Weiner of Coastal Engineering provided photographs and plans for the project. He showed the existing conditions. There is a water tower on the property which serves the town. He identified the construction entrances for both the upper and lower villages, erosion control, and work parameters. The main road, parking areas, and dwellings were displayed. He referred to the meeting with the department heads and identified changes recommended by them. The road grades are 1 to 2 percent with little slope. There will be a limit of work 30 feet from the buildings on the upper village. The lower village road will have a 10% grade and by the parking area, it goes back to the 1 to 2 percent. He identified the drywells and catch basins which will provide 100% infiltration for the upper village. The lower level will also have drainage capabilities. The lower village building will be moved 5 feet south and be 43 feet from the setback. The storm water drains (drywells) will be 100% below grade and will have a cover over them. A 30-foot buffer will remain natural from the back yards of the upper village. There is no planned parking on the road, and there will be curbs. The retaining walls are being redesigned to be lower in height in the lower village by regrading due to the change in location of the building. Landscaping walls will be approximately 2.5 feet in height. Manny Heyliger stated that he understood the paved parking area belonging to the town would remain on Lawrence Road, and the plans provided are not depicting the area. Jay Coburn responded that it was never stated that the paved parking area would stay. That would require shifting buildings and cutting trees. But the parking along Lawrence Road at the ballpark will remain. The rest of the Board replied that they understood that the 24 parking spaces by the ballpark would remain but the other paved area would not. Jan Morrissey asked about the well protection radius and Bryan Weiner responded this was a permitted well. Since then, they learned this is an irrigation well, and the radius is not part of the project. There will be a total of 57 parking spaces for the project Parking will be reviewed at the next meeting. The road, parking, and walkways will be impervious. Jay Norton, DPW Director, had the most questions in his letter which will be addressed at a later date. Jan Morrissey is concerned there is not enough parking and stated this location has minimal public transportation. An expert will review the parking at the next meeting. Data will be provided based on other large complexes. Carolyn Murray asked Attorney Singer about the waiver regarding the Cape Cod Commission. Attorney Singer replied that this is a standard waiver required in all large 40B projects on the Cap. Andy Freeman is concerned about the safety of the property during construction, especially with the school across the street and wants to know what the plan is. Mick Lynch wants safety issues in the Findings of Fact.
Shklovsky stated the recommended changes will be sent in paperwork next week for the next meeting which will also include the traffic report. Mick Lynch moved to continue to September 8; seconded by Wil Sullivan. Vote: Sharon Inger aye; Mick Lynch aye; Manny Heyliger aye; Wil Sullivan aye and Trevor Pontbriand aye. 5-0.
Wil Sullivan left the meeting after this hearing.
8:13
22-13 Foster, 206 A Kendrick Ave, Unit H, Map 20, Parcel 28: Application for a Special Permit to close in the basement walls currently above grade to use as a storage area. The current structure has a crawl space and no basement due to issues with the original structure. At the request of the applicant, Mick Lynch moved to allow the application be withdrawn without prejudice; seconded by Manny Heyliger. Vote: Mick Lynch aye; Trevor Pontbriand aye; Sharon Inger aye; and Manny Heyliger. 4-0.
8:15
22-19 Spar, 3 Nauset Road, Map 28, Parcel 87: Application for a Special Permit under WZB 6.1.5.1(b) for the placement of a free standing 10 x 16 shed within the setbacks. The Board consisted of Sharon Inger, Jan Morrissey, Trevor Pontbriand, Mick Lynch, and Manny Heyliger. A site visit was made. Ms. Spar gave an overview of the request, stating they want to store kayaks. It will not have plumbing, electricity and will be used only for storage. Jan Morrissey stated there is a problem with this application because sheds must be 120 sq. ft. or less to be allowed within the side setback and this shed would be considered an accessory building due to the size of 160 sq. ft. She stated that the Board does not have the authority to permit this building within the setback. Other Board members agreed. In addition, this project may have to go before the Conservation Commission because the property is within the Flood Plain. Ms. Spar expressed her disappointment. Jan Morrissey moved to allow the application be withdrawn without prejudice; seconded by Manny Heyliger. Vote: Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye; Mick Lynch aye; and Manny Heyliger aye 5-0.
8:25
22-20 Lovejoy and Whistler, 85 Sandpaper Hill Road, Map 22, Parcel 14: Application for a Special Permit under WZB 6.1.5.1(b) for an addition to a legally, pre-existing, non-conforming single-family dwelling. The Board consisted of Andy Freeman, Mick Lynch, Manny Heyliger , Sharon Inger and Trevor Pontbriand. Ms. Lovejoy stated the setback is currently 28 feet and they are asking to be 25.9 feet from the setback with the addition. There were four letters supporting the project. Mr. Lovejoy, abutter, stated he has no objection. The Board noted the property was not staked, and the plans did not identify the front and rear of the dwelling. Gary Lucas, contractor, stated the Building Inspector identified the front, back and side lots based on a previous permit. Manny Heyliger moved to go to Findings of Fact; seconded by Mick Lynch. VOTE: Andy Freeman aye; Mick Lynch aye; Manny Heyliger aye; Sharon Inger aye; and Trevor Pontbriand aye.
1. This is an application for a Special Permit under Wellfleet Zoning Bylaw 6.1.5.1 (b) for construction of an addition to a legally pre-existing non-conforming single-family dwelling at 85 Sandpiper Hill Rd.
2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2.
3. This structure is on a corner lot of Sandpiper Hill Rd. The front of the structure faces north on the northern corner of the street and the rear faces the southern property line. The present rear setback of the structure is 28 feet where 30 feet is required. The proposed rear addition will reduce that set back to 25.9 on the northwest side of the rear addition.
4. The square footage of the lot is 15,425 sq ft. The square footage of the lot coverage of the existing dwelling is 1,465 sq ft. The square footage of the proposed dwelling is 2109 sq ft. There will be a volumetric increase of 644 square feet.
5. Four emails were received from abutters expressing no opposition to this addition. One other abutter spoke in favor at the meeting. There were no objections from abutters.
7. The use conforms with the objectives of the R1 District as stated in WZBL 3.2
8. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
9. The proposed alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the District Objectives for the district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.
Manny Heyliger moved the Findings of Fact; seconded by Andy Freeman. VOTE: Andy Freeman aye; Manny Heyliger aye; Mick Lynch aye; Trevor Pontbriand aye; and Sharon Inger aye.
Manny Heyliger moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch. VOTE: Manny Heyliger aye; Mick Lynch aye; Andy Freeman aye; Sharon Inger aye and Trevor Pontbriand aye. 5-0.
8:40 pm
22-21 Behan, 265 Ridgeway Road, Map 24, Parcel 146: Application for a NSP Special Permit pursuant to G.L. c. 40A, ss. 6 and 9 and WZB 6.1.5 and 8.4.2 and a variance from bylaws s. 5.4.2 (minimum yard requirements) pursuant to M.G.L.c. 40A, s. 10 and Bylaws s. 8.4.3 to relocate a pre-existing, non-conforming structure on a pre-existing, non-conforming lot at a location with a 2’ setback from the westerly property line and a 5’ setback from the northerly property line. The Board consisted of Trevor Pontbriand, Manny Heyliger, Mick Lynch, Jan Morrissey and Andy Freeman.
Attorney Ben Zehnder represented the applicant and provided a history of the property, which included its coming before the Board in 2013. Another home was allowed on the parcel due to erosion of another parcel owned by the Behan’s. Due to the current erosion of the bank, the applicant would like to move the house back and rotate it 90 degrees. There will be a basement to hold utilities, and there will be no increase in bedrooms. This requires a variance to meet the standards and there is a hardship in that they will lose the use of the house. The land is shifting and will not support the dwelling at this location. There will be no change in use of the property. A letter from the National Seashore was read into the record. Valerie Moore, attorney, spoke on behalf of the Ebling’s, abutters, and stated the plans given to the Board are not accurate. Ms. Moore read a letter that stated this application should be denied and provided numerous reasons why. Mr. Elbing, abutter, stated this area had scattered cottages in the neighborhood, and this looks like one large house. It will change the neighborhood and will be seen from the road, the water, and all properties in the area. He will lose his privacy and enjoyment of his property. Ms. Elbing provided two separate pictures showing the number of vehicles in the parking area and stated that the intensity of use is very high. She stated the house will be 100’ closer to their dwelling. There is approximately 120 feet of mature trees between the properties and provides privacy and noise control and it will go to 25 feet. Another letter from the National Seashore was read into the record stating they did not want the applicants’ dumpster and other structures on Seashore Property
The Board made the following statements: on the site plan, it looks like the dimensions of the relocated house are different from the existing structure. Zehnder stated there is no increase to the size of the house and David Lajoie may have made an error on the plans. He advised the Board a Condition could be placed on the permit that there not be any increase. The Board did not have an opportunity to read the letter from Attorney Moore and requires additional time to review it. The Board would like to see a revised site plan identifying elevations, contours, the house without the addition which is now on the plan. When asked about the grading and replanting of the area where the house will be placed, Attorney Zehnder stated it will be graded and the present vegetation will be removed and replanted where appropriate. The Board requested some material from the previous appeal and settlement. Zehnder stated the fencing was put in by the National Seashore and it delineates the property. He recommended making another site visit. The current house sits on cinderblocks and will be moved to a foundation. Ms. Behan stated the front house is her son’s and daughter’s home, and they do not rent the house. She advised the Board that they occasionally have friends come to visit. Attorney Zehnder stated it is impossible to relocate the house anywhere else. He will come back with new site plans, a construction protocol and provide elevations.
Mick Lynch moved to continue to October 13, 2022; seconded by Jan Morrissey. VOTE: Jan Morrissey aye; Mick Lynch aye; Manny Heyliger aye; Trevor Pontbriand aye and Andy Freeman aye. 5-0.
The amended meeting minutes of 7/14/22, 8/4/22 and 8/11/22 were approved and moved by Andy Freeman; seconded by Mick Lynch. VOTE: Sharon Inger aye; Trevor Pontbriand aye; Andy Freeman aye; Jan Morrissey aye; Manny Heyliger aye and Mick Lynch aye. 6-0.
Chair Inger stated at the next Business portion of the next meeting, we will look at Reorganizing the Board, the role of the Board, the role of the Committee Secretary and the Building Inspector.
Andy Freeman moved to adjourn at 9:30 pm; seconded by Mick Lynch. VOTE Sharon Inger aye; Trevor Pontbriand aye; Andy Freeman aye; Jan Morrissey aye; Manny Heyliger aye and Mick Lynch aye. 6-0.
Respectfully submitted
Christine Bates, Committee Secretary
Documents:
40B 95 Lawrence Road – site plans and waste water information
Foster: Request for Withdrawal without Prejudice
Spar: Special Permit application and back up materials
Lovejoy and Whistler: Special Permit application and back up materials
Behan: Special Permit application and back up materials