ZBA-Minutes
Approved
Wellfleet Zoning Board of Appeals
COA, 7:00 pm
Meeting Minutes of April 11, 2019
Attendees: Roger Putnam, Manny Heyliger, Sharon Inger, Trevor Pontbriand, Wil Sullivan, Janet Morrissey and Reatha Ciotti.
Regrets: Mick Lynch and Bruce Drucker
Chair Roger Putnam welcomed Janet Morrissey to the Board.
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. The Board consisted of Roger Putnam, Trevor Pontbriand, Wil Sullivan, Sharon Inger, and Reatha Ciotti. Jan Morrissey recused herself and left the room. Chair Roger Putnam announced the hearing will be continued to 5/9/19. The Board is waiting to hear from various Town Departments, Boards, and Committees regarding this application. Reatha Ciotti moved to continue the hearing to May 9, 2019; seconded by Sharon Inger; passed 5-0.
7:01 pm
19-06 Morehouse, 119 Pine Ave., Map 29, Parcel 442, Application for a Special Permit under 6.1.l5 to construct an accessory building for storage / studio use. The Board consisted of Roger Putnam, Sharon Inger, Wil Sullivan, Trevor Pontbriand, and Janet Morrissey. Alan Morehouse stated he is a sculptor and artist and wished to construct a 12’ x 16’ studio / accessory building within the front setback. Alternative locations would require him to cut down trees in order to be compliant. He stated much of his work is in stone and heavy wood. He uses a platform to roll his materials to storage. Mr. Morehouse shared pictures of some of his art pieces to the Board. Trevor Pontbriand stated WZB 6.2 has no provisions for a special permit allowing a studio being in the setback. Mr. Morehouse stated it would need access to his other shed which has electricity and utilities, and he would have to cut trees and make a driveway / path to the studio. After further discussion, Mr. Morehouse requested the application be withdrawn without prejudice. Wil Sullivan moved to allow the application be withdrawn without prejudice; seconded by Trevor Pontbriand, passed 5-0.
7:10 pm
19-05 Town of Wellfleet, Recreation Dept., 70 Kendrick Ave, Map 20, Parcel 6, Application for Exemption, Flood Hazard District Regulations. Construct a year-round pavilion to replace the seasonal tent. The Board consisted of Sharon Inger, Trevor Pontbriand, Manny Heyliger, Wil Sullivan and Reatha Ciotti. Attorney Ben Zehnder, Beck Rosenberg, and Angel Robinson came to the table. This is an application for a flood plain exemption for the construction of a year-round pavilion. It will replace the temporary tent. The Conservation Commission has approved this project. It will meet building codes and will comply with all environmental issues. Ms. Rosenberg stated this will help the community and town and be able to be utilized year-round. It will be a shade structure during the day while children are at play. Jude Ahearn asked if this is permanent and year-round and questioned if weddings would be allowed as use of town property. The response was yes to both concerns. She wondered how much wind it could stand, and it will be built according to building code. Carolyn Parlante stated water drifted into her property from the tennis court area which created flooding, and the Board responded that there will be no change to the grade. Trevor Pontbriand moved for Findings of Fact; seconded by Sharon Inger, passed 5-0.
This is an application for the Floodplain Exemption Hazardous District Regulations to construct a year-round pavilion.
In granting the Exemption, this will not 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.
The pavilion will be landward of the existing beach and dunes and at the same elevation as is the seasonal existing tent.
This will comply to all aspects and all respects to MA Building Codes, including requirements of Section 744.1 regarding flood zones.
The project complies with all respects to General Law 31. Section 40 Wetland Protection activity and Wellfleet’s Environment Protection Bylaws as approved by the Wellfleet Conservation Commission.
Trevor Pontbriand moved the Findings of Fact; seconded by Sharon Inger; passed 5-0. A question arose regarding bathrooms, and Ms. Rosenberg stated a new contract is in place for portable toilets. Trevor Pontbriand moved to grant the Special Permit; seconded by Manny Heyliger; passed 5-0.
7:28
18-18 Barisano and Regan, 1105 and 1115 Cahoon Hollow Rd., Map 17, Parcels 9 and 10: Application for a Special Permit pursuant to M.G.L. c. 40A, s. 6 and WZB 6.1.5 to alter a pre-existing, non-conforming single- family residential dwelling by removing the current structure and build a new dwelling at a relocated lot. Attorney Ben Zehnder requested this application be withdrawn without prejudice. The project changed, and there will be no land swap. Trevor Pontbriand moved to allow the application be withdrawn without prejudice; seconded by Manny Heyliger; passed 5-0.
Business
Mia. Baumgarten asked if the Board would be interested in having the meetings recorded for broadcast. She stated Wellfleet and Bourne are the only towns on the Cape where the Zoning Board meetings are not broadcast. She stated that townspeople are interested in local issues. The Board all agreed that this would be beneficial. Roger Putnam stated if the Board did not like being recorded after 4 or 5 times, the Board can stop the filming.
Abutter notification: Town Council advised abutters to abutters within 300 feet are to be notified of all ZBA hearings.
Meeting Minutes
Sharon Inger moved to approve the amended March 14, 2019 meeting minutes/ seconded by Manny Heyliger passed 5-0. Will Sullivan and Janet Morrisey recused themselves.
Sharon Inger moved to approve the amended March 28, 2019 meeting minutes; seconded by Manny Heyliger; passed 5-0. Wil Sullivan and Janet Morrisey recused themselves.
Sharon Inger moved to adjourn at 7:50 pm; seconded by Manny Heyliger; passed 7-0
Regards,
Christine A. Bates¸ Committee Secretary