Approved ZBA meeting minutes

Approved

Wellfleet Zoning Board of Appeals

September 22, 2022, 7:00 pm

Zoom Remote Meeting

Attendees:  Chair Sharon Inger, Trevor Pontbriand, Mick Lynch, Manny Heyliger, Jan Morrissey, Wil Sullivan, and Al Mueller 

Regrets:  Andy Freeman 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.  Also attending was Al Mueller and Jan Morrissey.   Regrets:  Reatha Ciotti and Andy Freeman

Chair Inger acknowledged letters of support from the Piping Plover, a petition with Wellfleet store/business owners, and a letter from the Cape Cod Commission.

Andrew Singer, Attorney for the applicant, stated that he and Wellfleet Town Counsel, Carolyn Murray, have been coordinating in preparing the Findings as well as any issues.  Carolyn Murray stated that after public comments, the public meeting will be closed, and we will review the Findings of Fact.

Elaine McIlroy stated that she has been involved with the project from its inception and choosing POAH is a good match for Wellfleet.  There was a question regarding how local people will be able to get on the list, and she responded that POAH has experience in assisting people.  The management company and the Community Development Partnership will assist in filling out the forms and provide guidance.    

Mick Lynch moved to close the public hearing at 7:18 pm; seconded by Manny Heyliger.  VOTE:  Manny Heyliger aye; Mick Lynch aye; Wil Sullivan aye; Trevor Pontbriand aye; Sharon Inger aye; Jan Morrissey aye; and Al Mueller aye.  7-0. All members of the Board voted as they will be participating in the discussion.

Attorney Carolyn Murray reviewed the paperwork she and Andrew Singer put together.  She recommended going over each item in the land development agreement.  If there were going to be changes, they would be identified, and she will make the corrections.

The number of parking spaces was addressed, the language for affordability is different than the normal 40B language, 75% of the units will be available for AMI;   

Affordability:  language is different than normal 40B. This is language in the land development agreement.  She identified that all 46 units will qualify for the RFI.  75% of the units will be available for AMI.  Spelling was reviewed in the paperwork.   

The Committee Secretary requested 2 final packages with the latest drawings.  It was confirmed that the latest revisions were submitted on September 8, 2022.

The Board reviewed each Findings of Fact, and corrections were noted by Attorney Carolyn Murray. 

The Decision and Town Clerk paperwork must be recorded prior to issuance of the Building Permit (plans are not required by the Barnstable Registry of Deeds).

Building Plans:  In the past, the Building Inspector had 60 days to review the Building Plans prior to issuing a Building Permit.  Because this is a 40B project, the statutory requirement of 30 days is different. 

As-built plans need to be provided to the Fire Department, DPW Department, ZBA files and the Building Department.

It was recommended there be a police officer at the school when there is pupil drop off and pick up during the construction period which will be paid for by the construction company.  The Police Chief will determine if other times will be necessary.

Construction times for Saturdays.  Work can start at 7:00 am, with no loud noises or trucks idling.  The Board stated Saturday work is okay between 8:00 and 6:00 pm with no work on Sundays or Federal holidays.  School starts at 7:45 am so vehicles could arrive at 7:00 am.  No loud music or noise shall be played on site (radios, etc.)

There was discussion about the length of rental time, and the site management team will not want short term rentals.

VOTES:

Mick Lynch moved to grant the waivers as a slate; seconded by Manny Heyliger.  VOTE:  Sharon Inger aye; Trevor Pontbriand aye; Manny Heyliger aye; Wil Sullivan aye and Mick Lynch aye..  5-0

Mick Lynch moved to grant the Special Permit based on the amended Finding of Facts and the Conditions of Approval; seconded by Trevor Pontbriand.  VOTE:  Sharon Inger aye; Wil Sullivan aye; Manny Heyliger aye; Mick Lynch aye; and Trevor Pontbriand aye.  5-0.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Mick Lynch moved to give Authorization to Sharon Inger, Chair, to sign the decision and any other paperwork.  VOTE:  Wil Sullivan aye; Mick Lynch aye; Manny Heyliger aye; Trevor Pontbriand aye; and Sharon Inger; aye. 5-0                                                                                                                               

Mick Lynch moved to approve the language to be used on the Town Website regarding the responsibilities of the ZBA and the Committee Secretary; seconded by Trevor Pontbriand.  VOTE:  Sharon Inger aye; Wil Sullivan aye; Mick Lynch aye; Manny Heyliger aye; Trevor Pontbriand aye; Al Mueller aye; and Jan Morrissey.   7-0.

Mick Lynch expressed his gratitude to Chair Sharon Inger for the excellent process she had in place with running this hearing and all members of the Board agreed.  The applicants also thanked the Board for the collaboration.  Sharon Inger stated that the Town has put many hours into this project.

Mick Lynch moved to adjourn at 9:00 pm; seconded by Wil Sullivan.   VOTE:  Sharon Inger aye; Wil Sullivan aye; Mick Lynch aye; Manny Heyliger aye; Trevor Pontbriand aye; Al Mueller aye; and Jan Morrissey. 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:  Draft Decision provided by Attorneys Murray and Singer