ZBA-Minutes

Approved

Wellfleet Zoning Board of Appeals

COA, 7:00 pm

Meeting Minutes of May 9, 2019

Attendees:  Roger Putnam, Bruce Drucker, Manny Heyliger, Mick Lynch, Sharon Inger, Trevor Pontbriand, Wil Sullivan, Janet Morrissey, and Reatha Ciotti. 

7:00 pm

19-07  Dupuy, 80 E Street, Map 40, Parcel 29, Application for a Special Permit under 6.1.5 to construct a deck within the side setback.  The Board consisted of Reatha Ciotti, Mick Lynch, Manny Heyliger, Bruce Drucker, and Sharon Inger.  Also in attendance were Roger Putnam, Jan Morrissey, Trevor Pontbriand, and Wil Sullivan.  Mr. Dupuy stated the existing deck was in the setback.  They want to continue the deck around the back of the house for privacy.  He stated his next-door neighbor is in favor of the project.  He stated the current deck is very close to 4th Ave, which is basically a paper road.  A letter from abutter Luftig objected to the project.  Mick Lynch moved for Findings of Fact; seconded by Bruce Drucker; passed 5-0. 

This is an application for a Special Permit to construct a deck within the side setback.

The proposed deck will abut a paper road.

The lot is located in a residential district.

The existing non-conformities regarding the structure are inadequate lot area and intrusion into the setback.

The dwelling is a non-confirming pre-existing structure having been built in 1968 according to the Assessor’s office.

There will be no volumetric increase.

There will be no change in use.

There will be no increase in use.

The use conforms with the objectives of the R1 District. 

There was one letter objecting.

The proposed alteration will not be substantially more detrimental to the neighborhood than the existing non-conforming structure, and the benefits to the town will outweigh any adverse effects on the Town.   

Sharon Inger moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Mick Lynch; passed 5-0.

7:13 pm

16-33  Bocce Italian Grill LLC, 842 State Hwy Rte 6, Map 36, Parcel 1, Construct addition to southerly side of existing restaurant building granted on 12/29/16:  Request for 2 year extension

The Board consisted of Trevor Pontbriand, Wil Sullivan, Bruce Drucker, Jan Morrisey, and Manny Heyliger.  Also in attendance were Reatha Ciotti, Mick Lynch, Sharon Inger, and Roger Putnam.  Attorney Ben Zehnder represented the Bocce Italian Grill and reviewed the previous Special Permit granted for a small expansion.  Construction was not started and the applicant is requesting a two-year extension.  There was a question regarding the two-year life of a Decision.   Bruce Drucker moved to extend the Special Permit for 2 years; seconded by Manny Heyliger; passed 5-0. 

7:20 pm

19-08  Barisano, 1115 Cahoon Hollow Rd. Map 17, Parcel 10, Application for a Special Permit under WZB 6.1.5 and 6.24 to alter a pre-existing, non-conforming single family residential dwelling within the Seashore Zoning  District by removing the current structure and building a new dwelling.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch, and Manny Heyliger.  Also in attendance were Reatha Ciotti, Wil Sullivan, Trevor Pontbriand, and Jan Morrissey.  Attorney Ben Zehnder represented the application, and Peter Coneen was available for questions regarding the design.  Attorney Zehnder stated this is a very small lot and the dwelling is within the setbacks.  The proposed septic system was approved by the Board of Health.  The existing lot coverage will be 1.1% smaller than the current 17.6%.  Attorney Zehnder gave an overview of all the non-conformities.  The proposal is for a basement and two stories.  The new structure will make it more conforming in regard to the setbacks.  The height of the house will be 22’.  Due to the various grade levels, it appears taller.  He also gave an overview of the National Seashore’s calculations regarding the 50% percentage allowed for expansion.  Attorney Zehnder stated the majority of the houses in the area are similar in design and size. 

Attorney Lester Murphy represented the Regan family and gave a history of the property and the attempt for a land swap.  He also provided information regarding the request for a Special Permit in 2016 which was withdrawn.  The dwelling will be approximately 14 feet closer to the Regan’s.  He gave an overview of the proposed height of the house, the floor plan, and increase in use of the dwelling.  He stated the house will be approximately 1,500 square feet, including the basement.  He also stated this site is in a vulnerable location for erosion.  He doesn’t believe this meets the criteria for a Special Permit or the National Seashore’s guidelines.  The privacy and enjoyment of the Regan’s will be compromised.  John Regan, abutter, read a letter objecting to the project, referencing several bylaws and stating this will reduce the value of his home, violate his privacy, increase traffic and noise, create possible erosion issues, intensify the development in the National Seashore, have potential natural habitat issues, and impact their happiness.  A May 6, 2019 letter from the National Seashore was read into the record.  They requested the 2nd story be reduced or eliminated. 

Attorney Zehnder stated “the view” issue is debatable and the Barisano’s spent a great deal of money developing plans.  He stated the Regan’s could have purchased the property.   Due to the ground elevations, the roof ridge would be 23.4 feet.  He stated you can’t see lot sizes, but the scale of the houses in the neighborhood are similar, and he feels the Regan house is twice the size of this proposal.  This house will be approximately 998 square feet, and abutting dwellings are much larger.  Jan Morrissey asked if this was a two-bedroom home, and Attorney Zehnder stated yes.  Manny Heyliger stated he feels this is consistent with the houses in the area.  Wil Sullivan questioned what bylaw this was being filed under:  6.1.5.1.  Bruce Drucker stated he had issues with the setbacks and moving the house closer to the abutter as well as the height of the proposed dwelling.  Sharon Inger stated this is a dramatic change within the Seashore.  Attorney Zehnder requested a continuation to July 11, 2019.  Mick Lynch moved to continue to July 11, 2019; seconded by Manny Heyliger; passed 5-0.         

   8:04 pm

19-04  Habitat for Humanity of Cape Cod, Inc., 2254 Old King’s Highway, Map 16, Parcel 110; Application for a Special Permit under WZB 6.28 and MGL c 40B and the Subsidizing Agency of the Dept. of Housing and Community Development (DHCD) under the Local Initiative Program (LIP), Construct four new affordable homes on 123,326 sq. ft (2.831 acres) of land.  Project came to Habitat through the Wellfleet Housing Authority.  Jan Morrissey recused herself and left the room.  The Board consisted of Roger Putnam, Trevor Pontbriand, Wil Sullivan, Sharon Inger, and Reatha Ciotti.  Carolyn Murray, Town Council, also sat at the table.   Also in attendance were Bruce Drucker, Manny Heyliger, and Mick Lynch.  Warren Brody, Attorney for Habitat, Victoria Goldsmith, Pat Wade, Bob Reilley, John O’Reilly, and Theresa Sprague, landscape designer, were available for questions regarding the application.  Attorney Brody gave an overview of the project and walked the Board through the application, describing the location, lot size, area, abutting locations, design of the homes, well and septic locations, and all the agencies that worked with them on this project.  Filings were made with the various state authorities.  Two homes will be two bedrooms, and the other homes will be three bedrooms.  There is a potential for solar panels to assist with electrical and heating costs.  Four lots will be for affordable housing, and one lot will be non-buildable which encompasses the easement area and entrance area.  There will be a home-owners’ association.  Potential owners commit to sweat equity of 250 + hours.  He gave an overview of the various guidelines for ownership, community agencies roles in the program, and input from the community.  He provided history of a previous application which was appealed two times.  John O’Reilly gave an overview of the 5 lots and addressed the grading, drainage, safety issues for vehicles, the 10% slope for the driveway, the 4 catch basins on the road, and paved swails, which will slow the water down, catch any debris, and address any water issues along Old Kings Highway trench.  There will be a 3 to 1 slope which will assist in water delivery to the road and vegetation issues.  There will be a maintenance protocol in place for the owners to ensure proper drainage.  Teresa Sprague, landscaper, stated there will be revegetation to all disturbed areas and native plantings will be used for the property. 

Letters were read into the record:

Planning Board recommendation;

Kathleen Bacon, Board of Selectmen, no issues

Police Dept – happy with plan

Susanne Thomas – no interest in project

Board of Health – complies with regulations - project must meet Title Five regulations

School Committee – no position but in favor of program

DPW – must apply for a curb cut permit.  Maintenance is up to owners, not town

Abutter Letters:

Anita Rubin wrote letter with several questions

Attorney John McCormick, who is representing several abutters, wrote about the objection to the project regarding access, drainage, construction of foundations / septic systems, concerns with habitat, and the change to the neighborhood character. 

Jim Fitzgerald wrote in support of the project

e-mail from Tom Slack in support of the project

Nancy and George Vitek in support of the project

Elizabeth Smith in support of the project

From the Audience: 

Bruce Litman, 245 Old Long Pond Road, read his letter regarding well water usage, vegetation, solar exploration, and provided recommendations.  His greatest concern is water supply.   

Felicia Rubinstein, lives on Old Kings Highway and stated she would like the access road changed.  Concerns with storm water and drinking wells; how much $$ to maintain roads and questioned why Old Long Pond Road couldn’t be the access.

Harry Rubinstein – Old Kings Highway, stated Habitat has refused to have discussion with some of the neighbors.  He stated many neighbors don’t like the road access, should use Old Long Pond Road.  The Fire Dept states they can’t use Old Long Pond Road for access.  He stated he and other neighbors want Habitat to be there but do not want trees to be cut down. 

Elaine McIlroy, Housing Authority, in favor of project.  Improves the use of the land, worked with several engineers for the access on Old King’s Highway.  She also stated the buffer area and the additional unbuildable area leaves a lot of green space.  She stated several trees will remain on the lot. 

Gary Sorkin, Wellfleet Local Housing Partnership, read his letter which stated the Partnership voted unanimously for the project. 

Gene Rubinstein questioned where trucks and vehicles will enter and park during the construction phase.  She stated they are happy to have the project, but to do it in a safe way.

Mary Anne Thomas stated she worked on projects in Truro and Dennis and feels strongly there is not a downside on these projects of Habitat. 

Alfred Pickard stated two boards have passed this project in the past and hopes this time it will go forward.    

Mr. Litman brought up the letter from NStar re. Habitat.

John O’Reilly addressed the issues on the wells and identified Mr Litman’s well and there will be two wells 60’ from his and based on the Title 5 allowance, it should not affect his water supply.   Water tests will be performed prior to approvals.  There will be protection of the buffer zone with no removal of trees or vegetation from Lot 5, Per Natural Heritage.  It was reiterated that the access cannot be on Old Long Pond Road per NStar, Fire and Police Dept.

Attorney Carolyn Murray questioned Attorney Brody about waivers and any documentation backing them up.  The ZBA can consider them and choose to allow them or not.  Christine Bates, Committee Secretary, will follow up with the Fire Chief regarding safety issues / access to the site.    

There will be no leasing or rentals allowed with the houses.  Mr. O’Reilly stated he walked the access area with the Fire and Police Chiefs and was told there can be no disturbance on Old Long Pond Road.  Work would start at 7:30 am to approximately 4:00 pm.  Tuesdays and Saturdays are volunteer days; there will be no work on Sundays.  Bruce Drucker stated there are always legitimate questions regarding the 40B’s, and it helps the Board to look at all aspects. 

A new site plan will be provided with a notation that Lot 5 is unbuildable.  Project signs will be posted for the duration of the project.   Carolyn Murray made a list of waivers to review and will have discussions with Attorney Brody.  Roger Putnam moved to have the two lawyers consult with each other; seconded by Wil Sullivan; passed 5-0.  Jan Morrissey rejoint the meeting.

Roger Putnam moved to continue to June 13, 2019; seconded by Wil Sullivan; passed 5-0. 

Business: 

Reorganization of Board: Roger Putnam moved the following:   Sharon Inger elected to be Chair, Bruce Drucker elected as Vice Chair, and Manny Heyliger as Clerk:  the vote was unanimous. 

Meeting Minutes 

To be reviewed at next meeting.

Mick Lynch stated he opposes to filming the hearings.    

Mick Lynch moved to adjourn at 10:15; seconded by Sharon Inger; passed 9-0.

Respectfully submitted,

Christine Bates

Committee Secretary