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Approved ZBA mtg mins

Meeting date: 
Thursday, October 19, 2017

Approved

Zoning Board of Appeals

Meeting Minutes

October 19, 2017, 2017   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger, Mick Lynch,  Trevor Pontbriand, and Reatha Ciotti

Regrets:  Don Palladino and Sibel Asantugrul

7:00 pm

17-37  Curtis Felix, 2207 State Highway, Map 23, Parcel 217:  Application for a Special Permit under WZB 5.4.13 for a pre-existing non-conforming use affirmed by SP 16-01 to re-establish prior use: request for 5 food trucks on premises is no more non-conforming than the prior 95 seat restaurant.  At the request of the applicant, Bruce Drucker moved to continue to 11/02/17, seconded by Sharon Inger; passed unanimous.

17-32  Brian Kelley, 145 School Street, Map 15, Parcel 19:  Appeal from Person Aggrieved (MGL Ch. 40-A, S.8) Building permit denied due to topographical depression on land which may or may not be actual natural grade or mechanical removal of soil (Cont’d)  Manny Heyliger recused himself.  The Board consisted of Roger Putnam, Sharon Inger, Trevor Pontbriand, and Reatha Ciotti.  Alternates Bruce Drucker and Mick Lynch were also present.  Attorney Shealey represented the applicant.  An e-mail from abutters Ketover, Carlucci, Lopata and Stiles was read into the record opposing the project.  Chair Putnam stated, based on the topographical maps supplied to the Board, the ground had been disturbed by machines or digging.  Trevor Pontbriand moved for Findings of Fact; seconded by Sharon Inger; passed 4-0.

  1. This is a petition by a person aggrieved by the failure of the Building Inspector to issue a building permit.
  2. The permit was not issued because the structure did not pass the height test of 28 feet above natural grade.
  3. The proposed dwelling is compatible with existing dwellings in the area.
  4. The natural grade appears to have been disturbed.
  5. Research of topographic maps dating from 1848 do not show evidence of such a depression.
  6. The Board was presented with evidence that the land had been disturbed.
  7. Wellfleet lore tells us that this was used as a town clay pit in the 19th century.
  8. The erection of a dwelling here will be a change of use.
  9. The use will be compatible with the uses in the area.
  10. This change in use will not be more substantially detrimental to the neighborhood than the present use.
  11. There will be no increase in use.
  12. There was one objection from abutters.
  13. This is not a significant development.

Trevor Pontbriand moved the Findings of Fact; seconded by Sharon Inger; passed 4-0. 

Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 4-0.

7:10

17-33  Timothy B. Thompson and Rachel Romano, 5 Holbrook Ave, Map 21 Parcel 105, Application for a Special Permit under WZB 6.1 to replace a pre-existing, non-conforming residential dwelling, and a floodplain exemption pursuant to WZB 6.13 and 6.14. The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, and Manny Heyliger.  Alternates Trevor Pontbriand and Reatha Ciotti also were present.  Attorney Ben Zehnder represented the applicants who also came to the table.  Three sheds will be removed from the property.  The lower level is required for the flood zone.  The volume of the dwelling is increasing within the setbacks.  Trevor Pontbriand asked if there were going to be two dwellings in the structure because the original plans showed 2 kitchens with access stairs to the upper level.  The applicant stated this was a one unit dwelling.  There is a discrepancy in the 1st floor elevation in the site plan.  Mr. Thompson and Attorney Zehnder stated the new level is 14.1 in elevation.  A new revised plan will be required.  Alfred Pickard, abutter, stated there are clerical errors on the plan which require correction.  He stated the deck plans approved by the Conservation Commission do not match the plans submitted to the ZBA.  This project is more nonconforming because it is 2 feet closer to the sideline.  Attorney Zehnder stated the second floor is cantilevered over the first floor by 2 feet.  Trevor Pontbriand stated the stairs are unnecessary and are more nonconforming.  Mr. Thompson stated he would remove the stairs to the 2nd floor.  The Board discussed conditions.  Bruce Drucker moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.

  1. This is an application for a Special Permit under WZB 6.1 to alter and renovate a single family dwelling.
  2. This is a prior existing non-conforming structure having been built in 1950.
  3. The non-conformities are lot size, rear yard and side yard.
  4. The property was issued a Special Permit in 2012.
  5. The currently requested Special Permit would not increase any of the existing non-conformities.
  6. There would be a decrease in lot coverage of 801 sq. ft. or a decrease from 9% to 7%.
  7. Three of the four sheds will be removed.
  8. There will be no change in use.
  9. There will be no increase in use.
  10. There are no objections from abutters.
  11. This demolish and rebuild on the same footprint has been approved by the Conservation Commission.
  12. The proposed alteration will not be substantially more detrimental to the neighborhood than the existing structure.

The following Findings of Fact apply to the Request for Flood Plain Exemption:

  1. The granting of a flood plain exemption will not be result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws since the new dwelling will be located in the same location with the same footprint as the existing dwelling.
  2. The new dwelling will comply in all respects with the State Building Code, including the requirements of Section 744.0 regarding flood zones.
  3. The project complies in all respects with M.G.L. Chapter 131, s 40, the Wetlands Protection Act, and the Town of Wellfleet’s Environmental Protection Bylaw as evidenced by prior approval of an Order of Conditions by the Wellfleet conservation Commission.

Mick Lynch moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact with the following conditions; seconded by Sharon Inger, passed 5-0. 

  1. This building will be built precisely as shown on the approved drawings.  No Certificate of Occupancy will be issued unless it does so.
  2. The exterior stairs are to be removed from the second floor.
  3. There is to be no parking of construction vehicles on Holbrook Avenue during construction.
  4. New drawings are to be provided to correct error regarding 1st floor elevation.

7:20 pm

17-36  Town of Wellfleet, 335 Main Street, Map 14, Parcel 173, Application for a Special Permit under WZB 9.2 (Main Street Overlay District) for lot coverage (addition to Prez Hall).  Mick Lynch and Roger Putnam recused themselves.   The Board consisted of Bruce Drucker, Sharon Inger, Manny Heyliger, Trevor Pontbriand and Reatha Ciotti.  Ann Sudd and Tim Dickey, builder, stated they required additional office space.  The building will exceed 15%, but they are in the overlay district.  There will be additional storage on the lower level.  Stucco will be used for the exterior wall.  Kathleen Bacon urged the Board to support the project.  Bruce Drucker moved for Findings of Fact; seconded by Sharon Inger, passed 5-0. 

  1. This is an application under WZB 9.2 for a Special Permit under WZB 9.2 for a lot coverage increase over 15%.
  2. The lot is located in the Main Street Overlay District.
  3. The property is known as Prez Hall.
  4. The lot is lawfully pre-existing and conforming.
  5. The additional will raise the lot coverage to 16.6%.
  6. The addition will house additional office and storage space.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. The use conforms to the objections of the Main Street Overlay District.
  10. There are no objections from abutters.
  11. The additional will not be substantially more detrimental to the neighborhood than the present structure.
  12. This proposal will not create a significant development.

Bruce Drucker moved Findings of Fact; seconded by Manny Heyliger; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0. 

7:45 pm

17-24  Community Housing Resource, Inc., 120 Paine Hollow Rd., Map 29, Parcel 300, Application for a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20 – 23 to construct two structures each containing four units for a total of eight affordable rental units on the subject property containing approximately 4.96 acre (Cont’d).  Chair Putnam stated Don Palladino, who was a former voting member for this application is unable to attend the hearing.  Reatha Ciotti, an alternate, who has attended the previous meetings of June 1, 2017, July 20, 2017, August 17, 2017, September 21, 2017, and today, October 19, 2017 would be eligible to be a voting member for this project.  Reatha stated her husband is on the Housing Authority Committee; she hasn’t discussed this application with him; and neither she or her husband have any financial interest in the project. Both the applicant & his attorney stated they had no objection to Ms. Ciotti being a voting member of the board. Mick Lynch made the motion that Reatha Ciotti become a voting member of the Board for this the application; seconded by Sharon Inger; passed 5-0.  The Board consisted of Roger Putnam, Trevor Pontbriand, Manny Heyliger, Mick Lynch and Reatha Ciotti.  Ted Malone referenced the letter from Hastings Consulting dated October 20, 2017 which covered Building Code Classification, Fire Suppression Requirements and Fire Department Access.  Mr. Malone feels this should satisfy the requirements regarding the grade of the road and the 10,000 gallon water tank.   Discussion between the Board and the Applicant included the possibility of a different access to the property, the definition of the structures being a four unit versus a two unit dwelling, the grade of the road regarding the Wellfleet Fire Chief’s concerns, and if road safety issues per the Fire Chief would be disclosed to potential renters,   

Judi Barrett, consultant, questioned the Town Planner if the  he had submitted the project plans to the State Fire Marshall  for review.  The Town Planner indicated he hadn’t done so. Building Inspector, Justin Post, stated the engineer’s letter is an opinion and he feels it should be stamped and he is not knowledgeable if the Chief has received anything from the Fire Marshall.  Tim Brady stated Jennifer Hoyt of the State Fire Marshall’s office sent an e-mail stating 2 unit structures are exempt from various requirements requested by the Fire Chief and these are 2 family duplexes.  Further discussion took place regarding the definition of the structures. Ms. Barrett reminded the applicant and his attorney that they must submit evidence regarding the suitability and/or safety of the access road, the fire suppression, etc. Kathleen Bacon stated the project has been looked at over 7 years, and is no less safe than the construction on Gull Pond.  She stated she agrees with Tim Brady stating this is the best that can be done with the property, and the town is desperate for affordable housing.  A decision has to be reached by the end of November.   Attorney Peter Freeman stated they will submit the email from the Fire Marshall office and provide additional information that the Board requires. The Board will request the Fire Chief attend the next meeting to discuss his concerns. 

Going forward with the next meeting, the Fire Chief will be asked to attend, a letter or email from the State Fire Marshall, will be provided by the applicant, the Building Inspector will determine & advise what to consider the structures, and the letter from Hastings Consulting will be stamped.   Peter Freeman and Judi Barrett will work together to draft findings and a decision. Attorney Freeman agreed with Judi Barrett that November 28, 2017 is the final date for all public hearings and the Board has 40 days to file a decision.  Trevor Pontbriand moved to continue to November 16, 2017; seconded by Manny Heyliger, passed 5-0. 

Meeting Minutes:

Upon motion duly made and seconded, the August 17, 2017 meeting minutes were unanimously approved.;

Upon motion duly made and seconded, the September 1, 2017 meeting minutes were unanimously approved;

Upon motion duly made and seconded, the September 27, 2017 meeting minutes were unanimously approved..

          

Roger Putnam reports there will be a meeting at the COA on August 25, 2017 from 7:00 pm with Cape Cod Commission to discuss what they can do for the town.

Upon motion duly made and seconded, the meeting was unanimously adjourned at 8:40 pm.    

Respectfully submitted,

Christine A. Bates, Committee Secretary

 

 

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