Approved ZBA mtg mins | Wellfleet MA

Meeting date:

Thursday, June 1, 2017

Zoning Board of Appeals

Meeting Minutes

June 1, 2017 7:00 pm

Wellfleet Senior Center

Attendees: Roger Putnam, Reatha Ciotti, Manny Heyliger,, Mick Lynch, Donald Palladino, and Trevor Pontbriand, Building Inspector Justin Post and Christine Bates, Committee Secretary

Regrets: Bruce Drucker, Sharon Inger, and Sibel Asantugrul

7:00

17-23 Charles J. Morris and Patricia A. Porter, 30 Second St., Map 29, Parcel 434: Application for a Special Permit under WZB 8.4.2 and 6.1.5 to alter a pre-existing, non-conforming residential dwelling by construction of a 13’0” x 8’-0” first floor bathroom addition and a second floor deck addition. The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Trevor Pontbriand, and Reatha Ciotti. A site visit was made by the Board. Attorney Ben Zehnder represented the applicant and gave an overview of the project which consists of constructing a small bump out to match the other sides of the house. Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger; passed

5-0.

The property comprises approximately 7,976 square feet of land and 109.85 linear feet of frontage on First Avenue and located in the Residential zoning district.
The property is nonconforming as to lot area, where 30,000 square feet is require3d, and as to street frontage, where 135 feet is required.
The property is improved with a two-story wood-framed single family dwelling with approximately 973 square feet of building area, for a lot coverage of 12.2%.
The structure is nonconforming as to: 1) front yard setback, being 11.7 feet where 30 feet is re2quired; 2) rear yard setback, being 27.3 feet where 30 feet is required and 3) south side yard setback, being 20.3 feet where 25 feet is required.
The applicant proposes constructing an 8’ x 13’ first floor addition on the west wide of the dwelling and extending the existing south side second floor deck to wrap around to the top of the addition.
The proposed alteration will maintain the front and rear yard setbacks and will decrease the southerly sideline setback from 20.3 feet to 19.5 feet.
The proposed alteration will increase lot coverage by 103 square feet to a total of 1,076 square feet, and the percentage of lot coverage from 12.2% to 13.5%, still under the maximum lot coverage of 15%.
The proposal will increase the taxable value of the property and will provide the applicant continued enjoyment of the property.
There are no identifiable adverse effect on the Town and vicinity associated with the proposal.
The proposal will not be substantially more detrimental to the neighborhood than the existing nonconforming structure, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the Special Permit Granting Objectives as forth in Section 8.4.2 of the Wellfleet Zoning Bylaws.

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

7:10 pm

17-24 Community Housing Resource, Inc., 120 Paine Hollow Rd., Map 29, Parcel 300, Application for a Comprehensive Permit pursuant to M.G.L. Chapter 40B, Sections 20 – 23 to construct two structures each containing four units for a total of eight affordable rental units on the subject property containing approximately 4.96 acres. The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Trevor Pontbriand, and Don Palladino. The Board made a site visit and the property was not staked. Roger Putnam explained the timeline of 40B permits. Mick Lynch requested there not be repetitive statements from the audience. Ted Malone, the Developer of the project, Attorney Peter Freeman, Engineer, Tim Brady, and Mark McKenzie, Engineer, came to the table. Roger Putnam stated he wanted to have an independent hydrologist and engineer look at the project and stated the applicant would be responsible for payment of their services. Ted Malone provided the history of the property, stating 3 acres will remain undeveloped for open space, and the buildings will be on 2 acres. There will be 11 bedrooms within the 8 units. There will not be a public water supply. There will be 2 clusters and 2 buildings for the 8 units. The units will be one floor with front and back access for each unit. The lot coverage will be 12.2% and 1.6 units per acre. The town was in support of the land for affordable housing with $175,000 committed for the project. There will be a yearly maintenance program. Wellfleet has 2.2% affordable housing and Ted Malone stated up to 70% of the housing can be reserved for Wellfleet residents. Approval was granted from the state, the Housing Eligibility program also approved. The one bedroom units will be 700 sq. ft and 1,000 sq. ft for the two bedroom units. The Title 5 septic system is properly designed within the regulations. A small portion of the site is in the wetland buffer zone and was approved by the Conservation Commission several years ago. All 8 units will be affordable.

Ted Malone reviewed the site plan with the Board and audience. He stated the road entering the site will be traversed gradually up the slope. One plan identified the slope of the road. The bottom of the road is at 18’ elevation and tops off at 42’. The road will be cut into the hill and there is no need for guard rails. The bottom of the road will be relatively flat and make a safer base entering the main road. There will be two parking spaces per unit with 3 additional guest spots. Mr. Malone anticipates there will be 12 people living year round on the site. Malone stated emergency vehicles have been taken accounted for. There will be two septic systems installed for the units. Storm water drainage has been taken into account with catch basins to collect rain water.

Malone reviewed the floor plans of the units. Because the units are one floor, they are “visitable” for easy access. There will be outside storage for each unit. Solar panels may be employed based on availability with rebates. There will be a roof structure with pavement connecting the units. There will be a retaining wall protecting the natural grade along the property line. The road will be 18 feet wide. Malone stated Gordon Peabody will be doing mitigation to protect and stabilize the resource areas.

Ted Malone stated the Planning Board will be reviewing the project and get back to the ZBA with their recommendations and comments.

Water testing will be done in the near future. In 2005/2006 the water supply was evaluated utilizing a 4” and a 2” pipe and water was found 12’ below grade. At 40’, the water was murky with sand and soil. A 6-hour pump test was performed and the observation well was evaluated over several different time frames with the quality of water meeting requirements. A new test has been scheduled.

Audience:

Elaine McIlroy read the letter from the Housing Partnership, supporting the project.

Mr. Malcomb Shaw has no problem with affordable housing, and one of the best practices is a good solid definition in the front, with no surprises in the end. Concerns with water availability, quality of water and where is it coming from and how related to the surrounding houses, effect on the quality of water for the area by having a thorough test, what is the cost, and concerned with the road and the steepness of the road.

Mr. Verney read his letter with his concerns including the road, safety issues, runoffs from the roadway, the environment, water quality: the number of people living at the site, the final cost of the project, concerns for vernal pools and the environment.

A letter from Mark Gabriele was read into the record with concerns of water issues, waste water and the environments.

Helen Miranda Wilson, stated she was on the Housing Commission. She stated there is such a need for affordable housing, many of them children of residents of Wellfleet. If the town sold the property to anyone, there would be no management.

Mr. McDunna stated he lives next to an affordable housing unit and has no problem with it. He is concerned 40B can supersede local zoning bylaws. Concerned with the water. Feels we will lose more than the town will gain. Feels there will be issues in the future.

Sharon Agger, spoke in favor of the project and feels the design is good.

Bob Wallace, abutter, questioned if abutting wells will be monitored when testing is done, and who will be financially responsible for abutters wells if there are any failures. He also stated if a different access were used, it would save the town thousands of dollars. He feels one well will not be adequate for the 8 units.

Irving Puffer stated he is concerned with water issues and the water at his property consists of heavy silt and he cannot use a filter because they get clogged.

Chair Putnam stated the Board has not received Fire Chief or Police Chief response as yet.

Steve Verney asked if abutters will be notified of future meetings and was told to look at the town website

John McDunnah questions who will be qualified to rent and the response was 75% will be Wellfleet residents. Elaine McIlroy stated there will be a comprehensive process as to who will be living at the units, the developer is responsible for the funding, the units will be rented in perpetuity.

Helen Wilson stated there has to be some room for this kind of expansion because there isn’t any land available.

Tim Brady stated this is not a public water supply and will only serve these units. The size of this well is plenty large for the 8 units. This is not an ambitious project, and could support 21 bedrooms but will be supporting 11 bedrooms.

Roger Putnam stated a traffic study will be per formed prior to making a decision.

At 8:55 pm the public comments was closed.

Reatha Ciotti questioned the number of people living in the units and Ted Malone responded it will be based upon the number of bedrooms per unit and the units will be monitored for the number of people, the number of cars in the parking lot, etc. so there are strict rules.

There was discussion regarding hiring contractors.

Trevor Pontbriand moved to continue to July 20; seconded by Manny Heyliger, passed

5-0.

Business

Meeting Minutes

Trevor Pontbriand moved to adjourn at 9:01 ; seconded by Manny Heyliger; passed 6-0.

Respectfully submitted,

Christine A. Bates