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ZBA Approved mtg. mins

Meeting date: 
Thursday, March 19, 2015

Approved

 

Zoning Board of Appeals

Meeting Minutes

March 19, 2015 7:00 pm

Wellfleet Senior Center

Attendees: Acting Chair Roger Putnam, Mick Lynch, Sharon Inger, Manny Heyliger and Don Palladino

Regrets:  Vern Jacob, Bruce Drucker

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

7:00 pm

  1. David Friend, 675 Gull Pond Rd., Map 9, Parcel 627:  Application for Variance from minimum lot area and frontage, front, side and rear minimum setbacks, maximum site cover / NSP, to alter a non-conforming single family residential structure to constructing a new exterior staircase and to construct a guesthouse (Cont’d from 03/05/15).  The Board consisted of Roger Putnam, Mick Lynch, Sharon Inger, Manny Heyliger and Don Palladino.  Attorney Ben Zehnder wrote an e-mail requesting the application be withdrawn without prejudice.  Mick Lynch moved to allow the application be withdrawn without prejudice; seconded by Manny Heyliger; passed 5-0.

7:04 pm

  1. Emily Sachar, 65 Vanessa’s Way, Map 29, Parcel 246:  Application for a Special Permit pursuant to WZB 6.1.5.1(b) to replace existing deck and staircase on NE side of dwelling with a screened porch.  The Board consisted of Roger Putnam, Mick Lynch, Sharon Inger, Manny Heyliger and Don Palladino.  Chet Lay represented the applicant and stated the project was approved by the Conservation Commission who had requested the project be reduced in size.  Mr. Lay provided new site plans.  The one side of the proposed porch will be 12’ instead of 14’, reducing the intrusion into the setbacks.  An e-mail from John and Alicia Dillon, abutters, supported the project.  The Board stated they had no issues with the project.  Roger Putnam moved for Findings of Fact:
  1. This is an application under WZB 6.1.5.1b to replace an existing deck and stairway with a screened porch.
  2. This is a pre-existing structure.
  3. The lot coverage will increase from 4.89% to 5.52%.
  4. The intrusion into the side lot will not increase.
  5. There is salt marsh on two sides of the property.  There will be no volumetric increase in habitable enclosed space.
  6. There will be no change in use.
  7. There will be increase in use.
  8. There was no objection from abutters and one supporting the project.
  9. Public and private views will not be affected.
  10. The proposal is not a significant development.
  11. The proposed alteration will not be substantially more detrimental to the neighborhood than the existing structure.

Manny Heyliger moved the Findings of Fact; seconded by Don Palladino; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.

7:14 pm

  1. Rispoli Ventures, LLC (PB Boulangerie), 15 LeCount Hollow Rd., Map 30, Parcel 22:  Application for a Special Permit under WZB 6.12 and 8.4.2 to pave and reconfigure parking area to include 2 new parking spaces (alternative perimeter buffering Rte 6) and include new accessory structure to enclose dumpster/refuse area.  Mick Lynch recused himself as an abutter.  The Board consisted of Roger Putnam, Manny Heyliger, Sharon Inger and Don Palladino.  Attorney Eliza Cox and David Michniewicz from Coastal Engineering Company, Inc.  represented the applicant.  Ms. Cox provided a history of the property and the various special permits which have been granted.  She identified the current parking area which supports 25 parking vehicles.  She stated the parking lot does not function well due to the wetlands, the two roads abutting the lot, and the shell driveway which is not delineated with lines.  Parking has been haphazard at best and there are safety issues.  She stated the septic system is under stress and will be upgraded.  Part of the septic system will be located in the parking area.  The proposed project will be two additional parking spaces, landscaping, and lines defined in the parking lot.  She stated the project will enhance safety in the parking lot, there will be better drainage due to the updated septic system, and the accessory structure will keep animals out of the dumpsters and refuse area.  The lot coverage will be  8.4%.  The Conservation Commission and Board of Health have approved the project.  Roger Putnam moved for Findings of Fact:
  1. This is an application by Rispoli Ventures, LLC (PB Boulangerie) for a Special Permit under WZB 6.12 and 8.4.2 to pave and reconfigure the parking area to include 2 additional spaces, with alternative buffering on Route 6, and include a new accessory structure to enclose dumpster and refuse area.
  2. The property is a pre-existing non-conforming structure housing a restaurant and retail bakery.
  3. Special Permit 14-05 permitting increased use of basement, etc., required a Board of Health inspection which revealed an overstressed septic system.
  4. Special permits 09-07 provided 25 parking placed and 09-07b provided for the present parking configuration.
  5. Present configuration has not been effective and this application addresses these problems.
  6. The applicant is proposing to use a portion of the present parking area and provide clear markings for 27 parking spaces to correct operational inefficiencies of the present layout.
  7. The proposed plan provides adequate perimeter screening.
  8. The plan would provide compliance with the MA Storm Water handbook.
  9. The plan has been approved by the Board of Health and the Conservation Commission.
  10. The plan would help to alleviate a portion of the traffic issues at the Lecount Hollow Road intersection.
  11. There was no objection from abutters.
  12. The plan would improve vehicular traffic both within the property and in the locality, improved drainage and screening.
  13. This is not a development of significant impact.
  14. The proposed plan would not be more substantially more detrimental to the neighborhood than the existing arrangements.

Manny Heyliger moved the Findings of Fact; seconded by Sharon Inger; passed

4-0.  Manny Heyliger moved to grant the Special Permit based on the Findings of Fact; seconded by Don Palladino; passed 4-0.

Business:

Sharon Inger stated she attended the Local Housing Partnership Committee meeting.   She reported the following

  • Warrant - Article 46:  Town to transfer .17 of an acre which abuts property on Paine Hollow.  The Paine Hollow affordable rental unit project will begin shortly.
  • Gull Pond 40 B:  changing from for sale units to rental units.  Changing from 5 units to 6 units.
  • Habitat for Humanity before the Planning Board for 3 houses on Kings Way.
  • Housing survey was done regarding senior housing next to the COA, survey consisted of mostly 55 and over, further information will be pursued.
  • Cottage colony bylaw – Janet Reinhart stated the Wellfleet Planning Board is concerned the year-round units would become “second houses” vs. affordable housing.  There is concern builders and architects are not interested in affordable housing projects.
  • They asked if the ZBA would be interested in a joint forum to invite builders to work on affordable housing.  The Board was hesitant to be involved due to potential future conflicts with hearings.

Meeting Minutes

Feb 19:  to be addressed at next meeting.

Manny Heyliger moved to adjourn at 8:00 pm; seconded by Sharon Inger; passed 4-0.

Respectfully submitted,

 

 

Christine A. Bates, Committee Secretary