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Approved ZBA Mtg Mins

Meeting date: 
Thursday, February 4, 2016

Approved

                          

Zoning Board of Appeals

Meeting Minutes

February 4, 2016   7:00 pm

Wellfleet Senior Center

Attendees: Chair Roger Putnam, Bruce Drucker, Sharon Inger, and Trevor Pontbriand. 

Regrets:  Vern Jacob, Mick Lynch, Manny Heyliger, and Don Palladino,

Chair Roger Putnam called the meeting to order at 7:00 pm.

7:00

13-25 Amendment:  Susan A. Behan, 265 Ridgeway Rd. and 280 Pilgrim Road (Maps 24 and 25, Parcels 146 and 6), alter the roof type in two locations, replace certain previously approved windows with removable screen panels, and install a set of barn doors at the basement level (Cont’d).  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger and Trevor Pontbriand.  Attorney Ben Zehnder represented the applicant and distributed a site plan identifying the elevations of the approved plans.  He stated the Building Inspector had not received a copy of the previously approved plans due to an appeal.   He identified the differences in the old and new plan, including the roofline and changes of the windows.  The south elevation on top is a hip roof and has been turned into a full shed dormer.  The foundation and habitable space has not changed from the originally approved plans.  Attorney Jack McCormick, representing abutter Kristopher Elbing, stated he feels the applicant was aware of the unapproved changes due to the agreements made to settle a court issue.  He stated the negotiations were in good faith and the applicant went ahead and changed the agreed-upon settlement plans.  He agreed the foundation is what was originally approved.  Kristopher Elbing, abutter, stated the agreement was per approved plans.  The appeal didn’t settle until June 15, 2015 and the plans which were submitted to the Building Department are dated June 8, 2015.  He stated he was not advised by the builder of the changes.  None of the changes are visible to the Elbing property.  Attorney Zehnder stated the applicant agreed not to build the second house, and items were mitigated.  He stated applicants have a right for modifications and amendments to special permits.  Bruce Drucker cleared up the timeline from the original special permit, then an appeal was filed, and there was a settlement and agreement to the plans.  Trevor Pontbriand stated he didn’t feel the changes have any affect on the zoning bylaw.  Sharon Inger stated the changes are not dramatic but is troubled with the owners going ahead with making changes.  Bruce Drucker stated the Board does not ordinarily get involved with agreements between an applicant and an abutter and feels we would not have situations like this if we had a full time building inspector. 

Roger Putnam moved for Findings of Fact:

  1. This is a request to Amend Special Permit 13-25 which was issued on 12/03/13. 
  2. The board incorporates by reference its Findings and Decision in case 13-25.
  3. The modifications requested are addition of dormer on west side of the property, the addition of a gable dormer on the east side of property, and the removal of the cupola on the south side of the property, and the applicant is waiving the right to make alterations to the easterly structure and changes to windows on the west, north and east sides of the dwelling.
  4. The abutter, Mr. Elbing and his Attorney McCormick have objected to the changes and have pointed out that the construction is not in accordance with the plans previously approved by this board in Special Permit 13-25 and not in accordance with the settlement agreements between Abutter Elbing and Ms. Behan.
  5. There is no increase in the footprint, there is a reduction in the height of structure, and a moderate increase in volume.
  6. There is no change in use
  7. The board finds that the proposed changes are not any more detrimental to the neighborhood than the existing nonconforming structure.

Roger Putnam moved to accept the Findings of Fact; seconded by Bruce Drucker, passed 4-0.

Bruce Drucker moved to grant the Amended Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 4-0.

7:45 pm

  1. Habitat for Humanity of Cape Cod, Inc., Old King’s Highway, Map 16, Parcel 100, Application for 40B housing, consisting of 3 dwellings (Cont’d).  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger and Trevor Pontbriand.  Leedara Zola and Keith Fernandez represented the applicant.  Attorney Brodie was unable to attend. Ms. Zola stated the draft findings have been worked on by Attorney Brodie and Town Counsel.  Bruce Drucker read the responses from the Board of Selectmen (minutes of meeting authorizing letter of support for the project)  Elaine McIlroy of Wellfleet Housing Authority, Paul Lindburg on behalf of the DPW , Agent Hillary Greenberg of the Board of Health, Planning Board,  Chief Ronald Fissette of the Police Department and Rich Pauley, Chief of the Fire Department all supporting the project subject to the condition that the entrance driveway and/or roadway is accessed from Old King’s Highway along with letters from citizens supporting the project. 

Bruce Littman, who lives on Old Long Pond Road, stated the gradient on Old Kings Highway are approximately the same as on Old Long Pond and that several trees would have to be taken down on that road if the access were from Old Long Pond Road, along with requiring an easement from the power company.  Mr. Rubinstein, an abutter on Old Kings Highway, stated they support the project, but he feels several trees would have to be taken down to support the proposed solar power for the homes.  He stated the Housing Authority never replied to his request for using Old Long Pond Road and he asked some engineers to look at the access issues and they concurred with him that Old Long Pond Rd could work.  He stated he didn’t feel the Fire Chief reviewed the two different accesses and feels if itrains, there will be problems for Old Kings Highway.  Attorney McCormick on behalf of certain abbuters stated by looking at the site plan, the power lines would not affect the access to the project. 

Keith Fernandez, the engineer working with Habitat for Humanity, stated that the comments from the Fire Chief and the Police Chief to use Old Kings Highway for truck and safety vehicles were the determining factor, along with a letter from Natural Heritage that there was a “no take” as long as there was no access under the power line.   Trevor Pontbriand reviewed the site plan and identified grades and location of the power lines if it came from Old Long Pond Road.  Bruce Drucker stated the ZBA has to solicit comments and recommendations from different boards and municipal agencies regarding safety.  He stated the Planning Board spent months on this project and the ZBA respects the its decisions  thataccess should be on Old Kings Highway .  Mr. Rubinstein has newspaper clips from 1996 when the town stated scenic roads are not to be violated and when he tried to get access for a driveway for his daughter, he had difficulty.  Roger Putnam stated Old Kings Highway allows access for the Fire Dept. and it is a direct access from the Fire Department station and the proposed project location. 

Ms. Loza stated the general draft and decision are more appropriate for a larger development and when she reviewed the paperwork, she deleted several of the items.  She stated the Brewster decision cuts down on the extra expenses of all the “must do’s”.

Roger Putnam stated he would like to see Habitat for Humanity and Town Counsel agree to a document that would simplify the permit.  It was recommended by Ms. Loza that there be communications between the ZBA and town counsel to simplify the findings and waivers that the Board can review.  Bruce Drucker stated that these dwellings have to be primary residences and they are not to be rented out for less than 1 year, for example as weekly summer rentals during the tourist season and that, in general, the board did not want to clack grant blanket future waivers for unknown zoning bylaw issues. Mr. Drucker requested that the Habitat provide a draft permit to Town Counsel for review and that the Habitat and Town Counsel make every effort to present the board with an agreed-upon draft permit a week prior to the next hearing.

Audience remarks:  Attorney McCormick stated the Planning Board decision is in appeal by the abutters and the argument on their part is Old Kings Highway which is a single lane should not be the access for the project.  The project is uphill from the other properties, and they do not want to see the trees cut down to even out the slope.  They would like to see the access on Old Long Pond Road.     

Bruce Drucker will contact Town Counsel to advise that Habitat will present a draft to her.  Trevor Pontbriand moved to continue to March 17, 2016; seconded by Bruce Drucker; passed 4-0. 

Business

        

Meeting Minutes

Trevor Pontbriand moved to adjourn at 9:00 pm; seconded by Roger Putnam; 4-0.

Respectfully submitted,

Christine Bates, Committee Secretary