Approved ZBA mtg mins | Wellfleet MA

Meeting date:

Thursday, March 17, 2016

Approved

Zoning Board of Appeals

Meeting Minutes

March 17, 2016 7:00 pm

Wellfleet Senior Center

Attendees: Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger, and Don Palladino

Regrets: Trevor Pontbriand, Vern Jacob and Mick Lynch

7:00

Rispoli Ventures, LLC, 15 Lecount Hollow Road, Map 30, Parcel 22, Application for a Special Permit under WZB 8.4.2 to construct roof over approved exterior stairway, place walk-in cooler on approved exterior deck, and install new ramp with roof leading to lower level (Cont’d). The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Don Palladino. Eliza Cox represented the applicant and reviewed previously approved Special Permits. She stated the new application is to put a roof on the upper deck, place a walk-in cooler on decking, and install a ramp. No setbacks will be changed and the footprint will not change. She stated the hearing with the Conservation Commission has been continued to April 6, 2016. She stated the walkway will be extended in order to transfer carts up the ramp. Bruce Drucker moved for Findings of Fact; seconded by Don Palladino; passed 5-0.

This is an application by Rispoli Ventures, LLC (PB Boulangerie Bistro) for a Special Permit under Wellfleet Zoning Bylaw Sections 6.12 and 8.4.2 to modify the deck / stairway project previously approved Special Permit 14-05 (May 23, 2014) on the east side of the building. The proposed modifications include (a) a covered ramp from the deck to the ground level walkway to replace previously approved stairs, (b) a proposed roof over the 2^nd floor deck and stairs, and (c) placing a walk-in cooler on the firsts floor deck.
The property is located at 15 Lecount Hollow Road and is shown on Wellfleet Assessor’s Map 30 as Parcel 22 (the “Property). The Property is located in the Commercial zoning district.
The Property is owned by the Applicant, consists of approximately 1.51 acres of land, and contains a two-story structure consisting of a restaurant and retail bakery with outdoor deck areas on the north and east sides of the building. In addition, the Property contains a detached shed to the west of the main structure that is used for refuge storage and recyclable materials.
The Property and uses on it have been the subject of a number of prior Special Permits as listed in “Continuation Sheet A” which is incorporated herein by reference.
The Zoning Board of Appeals has reviewed all plans and drawings submitted with respect to this application.
The building is a lawfully pre-existing, non-conforming structure.
With the proposed modifications, the total building coverage will be 8.5% which is significantly less than the 25% allowed for in the zoning district.
There will be no modifications to the current uses of the Property.
The proposed modifications are pending approval from the Conservation Commission.
The proposed modifications do not further intrude into the non-conforming setback to the abutting property than the previously approved stairway / deck plans.
The proposed modifications will enhance the functionality of the interior space within the building and provide for safer and more convenient access for employees and for delivering supplies/products between the different levels of the building.
Due to the location of the proposed work, together with the variations in topography, and the fencing between the locus and the immediately abutting property, the proposed modifications will not have an adverse impact on any views or abutting properties.
The proposed modifications are not substantially more detrimental to the neighborhood than the existing nonconforming structure.
After considering the District Objectives for the Commercial Zoning district as provided for in Section 3.2 of the Wellfleet Zoning Bylaw and the relevant criteria set forth in Section 8.4.2 of the Zoning Bylaw, the Board finds that the benefits of the proposed alterations outweigh any adverse effect on the Town and vicinity.

Manny Heyliger moved the Findings of Fact; seconded by Roger Putnam; passed 5-0. Bruce Drucker moved to grant the Special Permit subject to the following conditions:

The project shall be constructed in accordance with the following plans: (a) “Plan showing proposed building and site modifications” prepared by Coastal Engineering, Co., Inc., dated last revised on February 1, 2016.

(b)“Covered Deck w/ Walk-In Cooler PB Boulangerie Bistro”prepared by ARC Designs, LLC dated December 21, 2015.

This Special Permit is conditioned upon the applicant obtaining Conservation Commission approval.

Seconded by Sharon Inger; passed 5-0.

7:10

Belverton, LLC, 170 Mill Hill Rd., Map 13, Parcel 109: Application for a Special Permit under M.G.L. 40A, s6 to demolish and rebuild existing cottage with a building height to be increased from 11.5’ to 12.5’. At the request of the applicant, Manny Heyliger moved to continue to April 7, 2016; seconded by Sharon Inger; passed 5-0.

7:11

Macgregor B. Hay, 265 Commercial Street, Map 21, Parcel 113: Application for a Special Permit under M.G.L. 40A, s6 to replace existing seasonal awning on south side of building with wood posts and permanent awning. Construct permanent awning over existing deck on north side of building. Extend existing deck to west side of building and construct permanent awning. At the request of the applicant, Sharon Heyliger moved to continue to April 7, 2016; seconded by Manny Heyliger, passed 5-0.

7:15 pm

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 Bruce Drucker, Roger Putnam, Manny Heyliger, Sharon Inger and Don Palladino. Leedara Zola represented Habitat for Humanity of Cape Cod, Inc. Bruce Drucker stated he had been communicating with Town Counsel regarding the Findings of Fact, waivers and deed rider. Ms. Zola and the Board reviewed the final draft and made agreeable edits. Bruce Drucker moved to close the hearing; seconded by Manny Heyliger, passed 5-0. Bruce Drucker moved that the Comprehensive Permit be approved subject as follows

TOWN OF WELLFLEET ZONING BOARD OF APPEALS

LIP Comprehensive Permit Decision

Habitat for Humanity of Cape Cod, Inc./Old King’s Highway Community Housing

2254, 2260 and 2270 Old King’s Highway

Case No. 16-05

I. BACKGROUND

Applicant: Habitat for Humanity of Cape Cod, Inc. is the Applicant. The term “Applicant” shall include the Applicant’s successors and assigns.

Property Owner: Town of Wellfleet Housing Authority.

Public Hearing: The public hearing regarding the December 7, 2015 application for a LIP Comprehensive Permit timely opened on January 7, 2016 and continued on February 4, 2016. The public hearing continued on March 17, 2016 and closed on March 17, 2016.

The Board: Zoning Board of Appeals (the “Board”) Member Roger Putnam, Member Bruce Drucker, Member Theodore (“Manny”) Heyliger, Member Sharon Inger and Associate Member Don Palladino participated in the decision. The Board has reviewed all documentation submitted with respect to the application and has inspected the Project site and Old Long Pond Road and Old Kings Highway which both abut the Project site.

The Premises: Land known as 2254, 2260 and 2270 Old King’s Highway, Wellfleet, MA (Assessors Map 15, Parcel 110), consisting of approximately 2.831 acres of land (123,326 s.f.) with 200 feet of frontage on Old King’s Highway (the “Property”) in an R1 Zoning District, which requires 30,000 square feet and 135 feet of frontage.

The Project: The Applicant proposes to create four lots and to construct three permanently affordable dwellings, two with three bedrooms and one with two bedrooms and a fourth common lot with 57,944 s.f. that shall not be built upon (the “Project”).

The Subsidy: On November 25, 2015, the Department of Community and Development (“DHCD”) issued a Project Eligibility Letter under the Local Initiative Program..

Action Taken: On March 17, 2016, the Board voted to grant this comprehensive permit with conditions for the Project, for a maximum of three affordable units and a maximum of eight bedrooms as set forth below and on the plans which are entitled Zoning Board of Appeals Site Plan 2254, 2260, & 2270 Old Kings Highway” as prepared by J.M. O’Reilly & Associates, Inc., dated 10/27/15, consisting of four sheets (“Site Plans”).

Documentation: The Project is documented in the Application and related materials and the Site Plan received on or about December 7, 2015.

In addition, the Applicant, the Applicant’s consultants and various Town Officials, abutters and members of the public entered into evidence documents and other materials addressing matters raised during the public hearing, all of which is incorporated herein by reference.

II. THRESHOLD DETERMINATIONS

A. Jurisdictional/Eligibility Requirements:

The November 25, 2015 Project Eligibility Letter made the eligibility findings required under 760 CMR 56.04(1) and (4) and those findings are required to be considered conclusive by the Board of the Applicant’s eligibility under 760 CMR 56.04(6), unless there is an alleged failure of the Applicant to continue to fulfill the eligibility requirements. Any comprehensive permit issued hereunder shall be conditioned upon the Applicant maintaining project eligibility as determined by DHCD.

B. Consistency with Statutory and Regulatory Needs.

Whether a board may approve a comprehensive permit with conditions without regard for whether the conditions would make the project uneconomic or may deny the permit is governed by whether the Town has met certain minimum statutory and regulatory thresholds for the development of low and moderate income housing as set forth in set forth in G.L. c. 40B, §20 and 760 CMR 56.03(3). If the Town has satisfied any of the following statutory and regulatory exemption thresholds, then the Board has the right to either deny the application or impose its local regulations on an approval and the resulting decision shall be considered consistent with local needs and satisfy the requirements of G.L. c.40B.

1. Ten Percent Affordable Housing Exemption: 10% of the Town’s total housing stock is part of the subsidized housing inventory. G.L. c. 40B, §20; 760 CMR 56.03(3)(a). The Board found that the Town had not achieved this minimum.

2. Existing Development Exemption: Affordable housing land exceeds 1½ % of total land area, excluding government-owned land.) G.L. c. 40B, §20; 760 CMR 56.03(3)(b). The Board found that the Town had not achieved this minimum.

3. New Construction Exemption: New affordable housing construction land area in the calendar year exceeds .3 of 1% of the total land area. G.L. c. 40B, §20; 760 CMR 56.03(3)(c). The Board found that the Town had not achieved this minimum.

4. Planned Production Exemption: Certified progress on approved affordable housing production plan. 760 CMR 56.03(4). The Board found that Town does not have an approved affordable housing production plan.

5. Recent Progress: Affordable units created during the prior 12 months exceeds 2%

of the Town’s total housing stock. 760 CMR 56.03(5). The Board found that the Town had not achieved this minimum.

6. Large Scale Project: The Application is for more than a certain number of units, depending on the Town’s affordable housing stock. 760 CMR 56.03(6). The Board found that the Application is not for more than the requisite number of units.

7. Related Application: The Application is related to an application for zoning or subdivision approval on the same land made within the prior 12 months. 760 CMR 56.03(7). The Board found that there was not such a related application.

III. FINDINGS OF FACT AND CONDITIONS OF APPROVAL

Over the course of the public hearing, the Board heard testimony and received written comments from Town boards and officials, the Applicant and its representatives and abutters and members of the public. After the public hearing closed, the Board met during open session at a duly posted meeting and made the following findings of fact and the imposed the following conditions of approval:

A. General

The Applicant (i.e., Habitat for Humanity of Cape Cod, Inc.) shall be the holder of the Comprehensive Permit and is a non-profit entity.
The Project shall have all of the features shown on the plans listed below or as otherwise required by this Comprehensive Permit and shall be constructed substantially in conformance with the plans and drawings listed below (hereinafter the “Approved Plans”).
1. Site Plan titled “Zoning Board of Appeals Site Plan, 2254, 2260 & 2270 Old Kings Highway” prepared for Habitat for Humanity of Cape Cod, Inc. by J. M. O’Reilly and Associates, Inc. dated 10/27/15 (four sheets).
2. Definitive Plan titled “Habitat for Humanity of Cape Cod, Inc.’s Old King’s Highway Definitive Plan” by J. M. O’Reilly and Associates, Inc. dated May 15, 2015 and Revised June 8, 2015.
3. Architectural Plans titled “Proposed Three Bedroom Ranch for Habitat for Humanity of Cape Cod” (sheets 1-5) and “Proposed Two Bedroom Ranch for Habitat for Humanity of Cape Cod”(sheets 1-5) drawn by David Alten and dated 11/22/2015.
4. Landscaping Plans titled “Habitat for Humanity of Cape Cod, Inc. Planning Board Planting Plan 2254, 2260 & 2270 Old Kings Highway”, Planning Design by Studio 815 Landscape Design, dated 4/1/15.
The Project shall comply with all Local Initiative Program requirements and any other conditions the Department of Housing and Community Development, in its role as Subsidizing Agency, may require as part of Final Approval under 760 CMR 56.04.

4. The Project shall consist of not more than three (3) single family houses located on three (3) house lots, and other related residential amenities, all as shown on the Approved Plans. All of the units shall be affordable units. Two of the units may have a maximum of three bedrooms and 1 unit shall have a maximum of 2 bedrooms, as provided on the Approved Plans.

5. All three of the residential units approved under this Comprehensive Permit shall be single-family homeownership units and shall be owner occupied as primary residences and shall not be rented or leased for a duration of less than one year and shall not be rented or leased unless that is approved in advance of the rental by the Monitoring Agent, and the three units and the common parcel shall be subject to a Homeowner’s Association that shall be finalized and recorded against the entire Property before the first dwelling is conveyed or before the first occupancy permit issues, whichever occurs first.

6. Pursuant to the Waiver List voted upon by the Board at the March 17, 2016 hearing, the Applicant has requested, and the Board has granted, waivers from the Wellfleet Zoning Bylaw and other local by-laws and regulations as specified in Exhibit A. Unless specifically waived, the Applicant shall comply with all local regulations of the Town of Wellfleet and its boards, commissions, and departments.

7. The Project shall be serviced by individual septic systems on each home lot and shall include a nitrogen aggregation plan, based upon the restriction of the open space land and using that land as “Credit Land,” and that shall conform to all state requirements. The project shall be serviced by private wells. No waiver from local Board of Health requirements, with the exception of fee waiver, was requested or received. The fee waiver request is Granted.

Prior to the issuance of any building permit for the Project, in addition to a permit under Title V, a certificate from the Wellfleet Health and Conservation Agent (“Health Agent”) or Board of Health shall be provided to the Inspector of Buildings that the final design of the Project satisfies all local requirements of the Board of Health.

8. The Project shall be serviced by private wells as shown on the Plans. No request for waivers from local Board of Health requirements for the wells was received. Prior to the issuance of any building permit for the Project, the final well and water design shall be reviewed by the Health Agent or Board of Health and a certificate shall be provided by the Health Agent or Board of Health to the Inspector of Buildings that the final design satisfies all local requirements of the Board of Health.

9. The Applicant’s professional engineer certified that the stormwater drainage system satisfies all stormwater requirements in the Town of Wellfleet Subdivision Rules and Regulations .

10. All utilities shall be installed in accordance with requirements of the utility companies and state and town requirements.

11. There are no wetlands.

12. The Project shall provide the 6 parking spaces shown on the Approved Plans and not more. The Home Owners’ Association Trust shall provide for snow removal and shall prohibit parking in the access way. There shall be no storage at the Property of trailers, boats or mobile homes.

13. Before any occupancy permit issues, all infrastructure show on the Approved Plans shall be constructed. Safe sight distances shall be provided and maintained at the intersection of the driveway with Old King’s Highway.

14. The Monitoring Agent for the Project shall be the DHCD and Town of Wellfleet Housing Authority or such other person or entity designated by the Board should the Housing Authority be unwilling or unable to serve as Monitoring Agent.

15. The three dwellings shall each be restricted as affordable within the meaning of G.L. c.40B and the regulations and guidelines promulgated there under and shall be so restricted in perpetuity or for the longest period allowed by law and for so long as the Project does not conform to zoning requirements, whichever period is longer and the affordability component shall allow each of the units to be placed on the Subsidized Housing Inventory maintained by DHCD, with up to a 70% local preference, provided that the Town provides the necessary information required by DHCD, DHCD approves the implementation of the local preference, and provided that exercise of the preference shall not render the units SHI ineligible, in which case the local preference shall not be exercised.

The Applicant shall timely provide any confirmatory data to the Town, upon request, to support inclusion of all of the units in the Town’s SHI when building permits and occupancy permits are issued.

The Deed Rider, known as Local Initiative Program Affordable Housing Deed Rider for Projects in Which Affordability Restrictions Survive Foreclosure in the form attached hereto as Exhibit B, shall serve as the affordable housing deed restriction, enforceable by the Town of Wellfleet, requiring that the affordable units remain affordable in perpetuity. The Deed Rider shall be recorded to protect the continued availability of and requirement for the affordable units.

The Applicant shall not receive any occupancy permit until the Applicant has executed and delivered and provided evidence of recording of a Regulatory Agreement to the Inspector of Buildings in a form fully compliant with the requirements of G.L. c.40B.

Prior to the issuance of any building permits for the Project, and prior to the Applicant’s conveyance of any of the units in the Project, the Applicant shall execute a Regulatory Agreement in a form acceptable to the DHCD. The Regulatory Agreement shall provide among other things that:

(a) The Affordable Units shall each be sold subject to a Deed Rider ensuring permanent affordability which shall be enforceable by the Wellfleet Housing Authority or the Town and their duly authorized agents;

(b) Development cost certifications shall be prepared in accordance with the procedures in accordance with the approved Regulatory Agreement, and the Applicant shall provide to the Board, upon completion of the Development Project and the sale of the last unit, a full certification of the total development costs and total revenues, on a federal income tax basis, prepared by a certified public accountant acceptable to the Board, to enable the Board to make its own determination as to whether the Applicant has complied with the Regulatory Agreement and the profit limitations applicable to it as a “Limited Dividend Organization.”

16. The Applicant shall request a preference category, with respect to at least 70% (or to the full extent allowed by law) for the affordable units to current residents of the Town of Wellfleet, municipal employees of the Town of Wellfleet, employees of businesses located in the Town of Wellfleet, and households with children attending Wellfleet’s schools. These preferences, if approved by DHCD, shall be implemented by the Applicant and included in the Applicant’s fair housing marketing plan. The costs associated with the marketing plan, including the advertising and processing for the affordable units shall be borne by the Applicant. The Town shall provide all necessary information to support the preference as required under the DHCD Guidelines. In the event that the exercise of the preference would prevent the units from inclusion on the SHI the preference shall not be exercised.

17. The Monitoring Agent for the Project shall be provided for under the Regulatory Agreement, which shall be signed by the Town. The Town shall have all of the rights provided for by law to enforce affordability and limited dividend requirements.

18. Prior to the issuance of any occupancy certificate for the Project, the Applicant shall provide the Fire Chief with any required lock boxes. For safety reasons there shall be no vehicular access to the Project from Old Long Pond Road.

19. Any and all plan revisions required by this Comprehensive Permit shall be incorporated into the record set of Approved Plans which shall be submitted for endorsement by the Inspector of Buildings within 120 days of the date any approval granted shall become final, with all appeals periods having expired without any appeal having been taken or any appeals taken having been finally decided upholding any approval granted hereby. The time allowed to make the revisions may be extended by a vote of the Board. Such extension shall not be unreasonably withheld. The Approved Plans must then be certified as required hereunder prior to issuance of any building permit.

20. The final revised plans shall be incorporated into any approval hereunder by reference and made a part hereof and shall be signed by the Inspector of Buildings (the “Endorsed Plans”) before any building permit issues. The Subdivision Plans contained within the Endorsed Plans shall be recorded and evidence of such recording at the Registry of Deeds shall be provided to the Inspector of Buildings before any building permit for the Project issues. The Plans as endorsed are incorporated into the approval by reference and made part hereof.

21. Prior to issuance of a building permit for the Project, the Applicant shall provide home owner association documents to the Wellfleet Town Counsel for review and confirmation of compliance with this Comprehensive Permit and the following requirements:

A. Provision for plowing, deicing, snow removal and trash removal;

B. Provision for site maintenance and establishing a regular schedule for site maintenance, including the structures, parking areas, access areas, control and management of use of chemicals; and

C. An Operations and Maintenance Plan that provides a satisfactory schedule for repairing and maintaining all ways, structures, drainage infrastructure, parking, lighting, landscaping and utilities and regular sweeping of access ways.

22. The Applicant shall execute and record a Covenant to secure the construction of ways and the utility services as shown on the approved plans pursuant to Section 2.06(f) of the Town of Wellfleet Subdivision Rules and Regulation. No certificate of occupancy shall be issued until the Applicant has fully completed all site infrastructure.

23. The Inspector of Buildings shall have authority to enter the Premises during construction of the Project (subject to safety standard compliance, including hard hat, boots and safety glasses, as required).

24. The Project shall be constructed in substantial conformance with the Approved Plans, as detailed hereunder and as revised and certified as required hereunder, and the Project shall be developed, constructed, completed and managed in conformance with the representations contained in the Application and with the conditions set forth herein, including the limitation on the number of units and bedrooms and parking spaces. The height of the dwellings and the three sheds shall not exceed what is shown on the Approved Plans.

25. The landscaping shall be installed as shown on the Approved Plans.

Fertilizer, pesticide and herbicide use shall be minimized to the extent consistent with good landscape maintenance practice.

No invasive species or species listed on the Department of Agricultural Resources’ Massachusetts Prohibited Plant List dated January 1, 2006 shall be used.

26. Building permit, Board of Health and other applicable local fees are waived.27. Prior to issuance of the first certificate of occupancy, the Applicant shall obtain approval from the U.S. Postmaster of a centralized location or series of locations for mail boxes and parcel areas.

28. There shall be no external lighting at the Project; and, if lighting is added, it shall conform to the Town’s lighting requirements, unless a waiver is sought and obtained.

29. Prior to any activity authorized under this Permit, the Applicant and its general contractor shall hold a preconstruction meeting with the Inspector of Buildings and any other interested Town Officials after 48 hours notice. Prior to the preconstruction meeting and any authorized activity, the Applicant shall provide to the Inspector of Buildings:

A. The company affiliation, name, address and business telephone number of the construction superintendent who shall have overall responsibility for construction activities on site and this information shall be provided to the Fire and Police Departments and shall be updated as necessary with regard to any changes;

B. A copy of a municipal lien certificate indicating that all taxes, assessments and charges due on the Premises have been paid;

C. Certification that all required federal, state and local licenses and permits have been obtained;

D. Proof that "Dig-Safe" has been notified at least 72 hours prior to the start of any site work involving excavation; and

E. Proof that Property signage is in place to ensure that emergency personnel can locate the Project to provide emergency services to protect and secure the site and construction personnel and that the Fire Department and Police Department have been provided notice of the installation of the signage.

29. Prior to the start of construction, the Applicant shall work with the Department of Public Works and the Fire Department and the Applicant shall remove any trees required on Old King’s Highway. If additional tree removal is required beyond what was approved at the June 3, 2015 Scenic Road Hearing, to provide for safe access and appropriate sight distances, the Applicant shall seek the necessary required approvals (including, potentially, a modification to this permit) before removal occurs.

30. If construction activity ceases for longer than one month, then written notice shall be provided by the Applicant to the Inspector of Buildings at least 48 hours before restarting work.

31. Construction of the Project shall be performed in accordance with all applicable laws and regulations regarding noise, vibration, dust and sedimentation control.

32. There shall be no construction activity on the Premises before 7:00 a.m., except fueling of vehicles which may begin at 6:30 a.m., or after 7:00 p.m., Monday through Friday and before 8:00 a.m. or after 5:00 p.m. on Saturday. There shall be no construction on the Premises on Sundays or the following legal holidays: New Years Day, Memorial Day, July Fourth, Labor Day, Thanksgiving, and Christmas.

33. Prior to the start of any activity that may be authorized hereunder (“Authorized Activity”) and prior to issuance of any building permit, an appropriate erosion and sedimentation control plan, to be implemented by the Applicant, shall be submitted to the Inspector of Buildings for approval and the required measures shall be installed to the satisfaction of the Inspector of Buildings. Said measures shall be maintained throughout construction of the Project or until all disturbed areas have been permanently stabilized with either an adequate vegetative or other cover in accordance with the Plans. Before any Authorized Activity, the Applicant shall provide the Inspector of Buildings with a copy of any required NPDES permit for the Project.

34. Prior to any Authorized Activity, the Applicant shall designate areas at the Property for stockpiling any and all construction material, debris, fill and excavated material, after consulting with the Inspector of Buildings.

Upon completion of all Authorized Activity prior to As-Built approval, all debris and construction materials shall be removed and disposed of in accordance with state laws and regulations. At no time shall any debris, stumps or other material be buried or disposed of within a Resource Area as defined by G.L. c. 131 §40. No stumps or construction debris shall be buried or disposed of on-site.

35. Applicant shall install the proposed water, sewer, and drainage system pursuant to the Plans as revised, endorsed and certified. All utility work shall be performed and conducted in conformance with the regulations of the Town, if any, unless expressly waived hereunder and in conformance with all other applicable requirements that have not been expressly waived. Contractors shall be duly licensed as required by the Town. All such work shall be performed in accordance with current engineering and construction standards. If any work is performed on Town land, the Applicant shall indemnify and hold the Town harmless for all work performed and shall place the Town’s property in the same condition as before the work took place..

All utility work shall be performed and conducted in conformance with the regulations and procedures of the Town, if any, unless waived hereunder. All such work shall be performed in accordance with current engineering and construction standards. All construction shall be done to best management practices.

36. There shall be no retaining walls that are 4 feet in height or higher and if any such wall is proposed, the Applicant shall return to the Board for a modification of the permit and the plans.

37. The Applicant shall use only clean, indigenous fill and shall adhere to all applicable loading and compaction specifications required by industry standards.

38. Except as otherwise required by this Comprehensive Permit, and subject to the design modifications to be incorporated in the final site plans, the Project shall be developed, constructed, completed and managed in substantial conformance with the Site Plans. The Project shall be developed, constructed, completed and managed in substantial conformance with the applications, plans and supporting documentation submitted to the Board.

39. Subdivision approval is granted for the access way shown on the Approved Plans for a maximum of three dwellings and no more. The access way at the Project shall remain private in perpetuity, with the Applicant to bear the cost of maintenance, repairs, replacement, deicing, snow plowing and snow removal. The Applicant shall consult with the Fire Chief to make sure that all requirements of the new State Fire Code regarding access have been satisfied.

40. The Applicant shall be responsible for the following at the Project until a Home Owners Association is created and duly recorded and in effect at the Property and then the Association shall become responsible for:

(a) all plowing, sanding, and snow removal

(b) all site maintenance and establishing a regular schedule for site maintenance;

(d) conducting annual inspections, maintenance and cleaning of all elements of the drainage system, including but not limited to catch basins, drain manholes, detention basins, swales and pipelines; and

(e) maintaining all easements shown on the Plans.

41. Prior to issuance of any building permits, the Applicant shall provide Inspector of Buildings with a certificate from the Applicant’s registered professional engineer that the final plans conform to all local requirements that have not been waived hereunder and that the following elements have been reviewed and approved:

a. As necessary, a plan with procedures outlining the specific operation and maintenance measures for all stormwater/drainage facilities.

b. An erosion and sediment control plan.

c. Road right-of-way design data (width, radii, paving sections, etc.) for the proposed roadways.

e. Roadway profiles including all utilities.

f. Details, including but not limited to, all proposed drainage and stormwater elements, proposed retaining walls and proposed pavement, water supply, wastewater and all other applicable design elements, and a schedule of elevations for all sewer and drainage facilities and outlets.

g. All rim and invert elevations for all drainage and sewer structures shall be provided. Clear labeling of which catch basins will be double catch basins, and clear labeling of types of grates to be used, shall be provided.

42. The construction shall be inspected by the Inspector of Buildings.

43. Within ninety days of completion of the activities authorized hereunder, the Applicant shall submit to the Inspector of Buildings a written request for approval of As-Built Plans, together with two sets of As-Built Plans depicting all infrastructure improvements and, if applicable, proof of compliance with this Comprehensive Permit and any other permits required for the construction of the improvements contemplated by this Comprehensive Permit. The Applicant’s Registered Professional Engineer shall provide a written description of any material deviations from the Building Permit plans. As-Built approval shall not be considered complete until the As-Built approval has obtained and all surviving conditions have been recorded at the Barnstable Registry of Deeds.

44. Before any occupancy permit issues, the Applicant shall provide the final Home Owners Association Documents for review and approval by Wellfleet Town Counsel. The Association shall be in existence for all units prior to the first conveyance. The Association documents shall incorporate all of the conditions required under this permit, including, but not limited to provision for the following:

a. plowing, sanding, and snow removal and trash removal;

b. site maintenance and establishing a regular schedule for site maintenance;

c. operating, repairing and maintaining all roadways, including drainage structures and utilities therein;

d. annual inspection, maintenance and cleaning of all elements of the drainage system, including but not limited to catch basins, drain manholes, detention basins, swales and pipelines; except that stormwater interceptors will be inspected not less than quarterly by a qualified independent professional;

e. filing an annual report with the Inspector of Buildings, not later than April 30, that any required annual drainage system inspection has been completed and all deficiencies corrected;

f. maintaining any and all easements shown on the Plans;

g. development and implementation of a vegetation management plan; and

h. control of the use of chemicals on site.

45. The Association shall be responsible to remove any vegetation or other obstacle on the Property that impairs the required sight distances at the entrance to the Project. The Association shall be responsible for maintaining the Open Space Lot (i.e., Lot 4), which shall be permanently restricted so as not to be built upon and the restriction shall be provided to the Town before the first building permit issues.

46. The Final Building Design plans shall be reviewed by the Building Inspector to assure compliance with the Comprehensive Permit. If the Inspector of Buildings determines that the Project plans differ from those approved by the Board, the plans shall be forwarded to the Board for determination as to whether the changes are substantially in accord with this decision. If the Board determines that the changes are material or substantial or are not in accord with this comprehensive permit, the Board of Appeals shall consider these changes in the context of a public hearing. All statutory requirements for submission to the Board of Appeals under M.G.L. Ch. 40B, § 20-23 regarding financing and approvals must be received prior to the application for a Building Permit.

47. The Project shall comply with all applicable state and federal regulations including but not limited to the State Building Code, State Sanitary Code, Architectural Access Board Regulations and Plumbing, Electrical and Fire Codes. State and federal laws and regulations in effect at the time this Comprehensive Permit is issued shall govern.

48. Each of the foregoing conditions and limitations is in and of itself material to the Board's decision on the application. Accordingly, if any of the foregoing conditions are found by a court of competent jurisdiction to be void or unenforceable, this Comprehensive Permit shall immediately terminate and the property shall thereafter be brought into compliance with the requirements of the Zoning By-Law. However, the Zoning Board may, at its option, following a public hearing, modify the comprehensive permit in such a manner as to eliminate the unenforceable provision.

49. This decision shall be deemed to have become final upon the date the decision is filed with the Town Clerk if no appeal is filed or, in the event of an appeal, then the date the last appeal is decided or otherwise terminated.

50. Any permit approved hereunder shall issue to the Applicant and shall not be transferable, except in accordance with the provisions of M.G.L. c. 40B, §§20-23 and the regulations promulgated there under. Any conditions imposed as to any comprehensive permit granted hereunder shall be binding upon the successors and assigns of the Applicant, and the obligations hereunder shall run with the land. In the event that the Applicant sells, transfers, or assigns any of its interest in the Project, any permit granted shall be binding upon the purchaser, transferee or assignee.

51. The comprehensive permit issued hereunder shall lapse as to any unit for which a building permit has not issued within three years of the date on which the permit becomes final, except for good cause or unless extended before lapse occurs. Any comprehensive permit issued hereunder shall lapse as to any unit for which an occupancy permit has not issued within four years of the date on which the permit becomes final or within one year of any building permit being issued for a unit, except for good cause or unless extended before lapse occurs. The comprehensive permit shall lapse if not recorded within one year of taking final effect.

52. Modifications to the Project and Approved Plans as permitted and conditioned by this Permit shall be governed by 760 CMR 56:05(11) and 760 CMR 56:07(4) or any successor regulations thereto and shall require the recording of the revisions of the Permit at the Barnstable Registry of Deeds in order for any such change to take effect.

53. The Board shall have continuing jurisdiction over the Project to ensure compliance with the terms and conditions of this Decision.

54. All persons, boards, departments, and other entities who submitted memorandum, letters, and other documents and/or who spoke at the hearings supported the Project. This included support for the Project from the Wellfleet Board of Selectmen, the Wellfleet Housing Authority, the Wellfleet Department of Public Works, the Wellfleet Board of Health, the Wellfleet Planning Board, the Wellfleet Police Department, the Wellfleet Fire Department, abutters to the Project and Wellfleet citizens. No opposition to the Project was brought to the Board’s attention. Several home owners on Old Kings Highway stated that the driveway access for the Project should be on Old Long Pond Road rather than on Old Kings Highway. No evidence or information was presented that the driveway access on Old Kings Highway presented issues of public health, public safety, environmental safety,a hazard to endangered species and the like. The Wellfleet Fire Chief stated in his January 20, 2016 memorandum that the Fire Department’s approval of the Project “is subject to the condition that the entrance driveway and/or roadway for this project is accessed Old Kings Highway.” The Fire Chief’s evaluation was supported by the Wellfleet Police Chief and Wellfleet Department of Public Works.

IV. WAIVERS:

As to any comprehensive permit granted hereunder, the Applicant shall comply with all State laws and the Town’s current regulations, by-laws and rules and other requirements, except as expressly provided in the schedule of waivers attached to this permit as Exhibit A. No other waivers are granted, except as specifically and expressly provided hereunder, and all local by-laws and regulations not waived shall be enforced in their entirety.

V. VALIDITY OF ANY APPROVAL OR MODIFICATION

Any comprehensive permit granted hereunder shall not be valid until recorded with the Barnstable Registry of Deeds and evidence of such recording is provided to the Inspector of Buildings. Any modification of any approval granted hereunder shall be subject to the provisions of 760 CMR 56.05(11) or any successor regulation thereto.

VI. MOTIONS.

Upon Motion duly made by Bruce Drucker and seconded by Manny Heyliger, the Board voted unanimously as follows:

To find that the Town has not satisfied its low and

moderate income housing needs under G.L c.40B.

To adopt the Findings and Conditions set forth above.

To find that the potential impacts that the Project would

cause, if subjected to the conditions required hereunder, would not

endanger the health and safety of the occupants or the public and would

be consistent with local needs.

To find that the Project as conditioned and with the waivers set forth herein satisfies the requirements for a comprehensive permit under G.L. c. 40B.

To grant as conditioned and waived herein the requested comprehensive permit.

To grant the waivers requested by the Applicant only as specifically set forth in Exhibit A. All of the conditions voted in the decision as set forth previously shall apply. Any blanket waiver request is hereby denied without prejudice to the Applicant returning to ask for a specific waiver request. As to the street sign waiver request, the Applicant shall conform to 911 requirements and consult with the Fire Chief to confirm that all such requirements are satisfied.

The Chairman of the Board or the Vice Chairman of the Board in the absence of the Chairman may sign this comprehensive permit on behalf of the entire Board.

VII. APPEALS

Any person aggrieved by this decision may appeal to a court of competent jurisdiction within 20 days as provided for under state law.

Business

Meeting Minutes

Manny Heyliger moved to adjourn at 8:45 pm; seconded by Sharon Inger; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary