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Minutes of Zoning Board of Appeals Public Meeting
Date: July 24, 2008
Time: 7:00 PM
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, Don Palladino, Manny Heyliger, Helen Miranda Wilson, Tom Reinhart and Christine Bates, Committee Secretary.
Chair Vern Jacob opened the meeting at 7:00 pm. He gave an overview of how the meeting will proceed.
7:05 pm
08-19 Judith Ball, Appeal from Person Aggrieved (MGL Ch. 40-A, S.8) by failure of the Building Inspector to enforce commercial use of storage of boats in residential zone at 5 Pinecrest Way, Map 12, Parcel 38 (Cont’d from 7/10/08). The applicant requested a continuation to August 28, 2008. Drucker moved to continue to August 28, 2008; seconded by Robert Hankey; passed 5-0..
7:04 pm
08-21 Alan Michelson, 21 Samoset Ave, Map 28, Parcel 184, Application for a Special Permit under WZB 6.1.5.1 and M.G.L.c40A s 6 to remove and replace a pre-existing nonconforming single-family dwelling. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey and Helen Miranda Wilson. Attorney Ben Zehnder represented the applicant and gave an overview of the project. Peter Haugue, the architect, also came to the table. Zehnder stated the property is not owned by the Michelson’s as yet but is under a contract for ownership. The current house was built in 1955 and is a 985 square foot one story
house. The proposed habitable space is 1,535 square feet with 592 square feet of proposed decking. Peter Hauge stated the ACEC runs through the house and is within the 100 buffer zone. It is already nonconforming with setbacks. He stated the house will be placed on the existing footprint and a 7 ½ foot x 14 foot addition will be made for a stairway. He stated there are several one story homes in the area, and identified several that have square footage greater than the proposed case. He distributed an e-mail from abutter Kaminsky stating she did not object to the proposal. Zehnder reiterated that he did not feel this house is too large for the neighborhood and reviewed all the bylaws that apply to this proposal.
Jeff Stewart read 8.4.2, and stated the average living space of the homes in the area are one story and approximately 1,000 sq. ft. He referred to the Kaminsky case and the Washburn case which were denied due to volumetric increase and small lots. He recommended the Board hear the Conservation Commission results.
The Board discussed their concerns which included the height of the house, the possibility of removing the loft, the legal access to the property, the need for Conservation Commission review, the view of the garage, septic location, and elevations in regard to abutters, The Board questioned if the dwelling could be expanded to keep the height lower, and Zehnder stated the Conservation Commission may not approve that. Wilson questioned if this lot is in a subdivision and Zehnder did not know. He stated the abutting lot and this lot are improved with structures and no merger occurred. Zehnder stated he would come back with the volumetric increase in the setbacks, as well as the Conservation Commission results and requested a continuation. Drucker moved to continue to August 28, 2008;
seconded by Helen Wilson; passed 5-0.
8:13 pm
08-20 Community Housing Resource, Inc., (Town of Wellfleet) 250 Gull Pond Rd., Map 8, Parcel 39: Application for Comprehensive Permit (MGL CH 40B, S20-23), development of five (5) units of affordable and median income housing for first time home buyers on a single lot. (Cont’d from 07/10/08). Peter Freeman and Mr. Ralph Wilmer, consultant, came to the table. Richard Lay, an abutter, explained briefly his concerns with the driveway and thinks it is very dangerous based on the steepness of the slopes, the radius of the driveway, the inability to make a right hand turn on Gull Pond with a large vehicle, and feels there should be another access. He suggests there be eminent domain in taking the easement for another access. Ralph Wilmer recommended getting the input from other boards as well as Department Heads. Freeman stated the Housing Authority does have the power of eminent domain. Freeman stated they try to work to solve the issues the Board and others have. Wilmer
recommended the Zoning Board work with a consulting engineering regarding the safety of the road. Lay stated if there were an easement from parcel 40, this would be a partial taking. He stated there would be no damages to the land and it could turn out to be beneficial to the land owner. Lay recommended talking to an assessor or appraiser regarding the value of the property of the taking.
Discussion followed regarding the access driveway, which included the fact that the standard grade is 10%, and the Board will request Larson, the engineer, to send a letter on his letterhead with a signed statement that the driveway is a “good safe road” with his license on it. Freeman stated mitigations have to be cost effective and the Board has the right to have the applicant pay the cost of a consulting engineer. There does not have to be a bidding process and an escrow account could be set up with the Town Treasurer. Freeman stated they will check into an appraiser regarding the easement or taking.
After receiving input from the Department Heads and other Boards, as well as the engineering consultant, it will help the Board define all the questions and concerns.
Wilmer suggested there be a format to the decision which he will review and provide guidance. Freeman stated if the Board is satisfied with the project, they will then look at the waivers and details in order to make findings. Freeman will do draft findings which Wilmer will review.
Drucker moved to establish an escrow account, funded by the Developer, to hire a registered professional engineer, well versed in road design, to advise the Board on the safety issues surrounding the access to the 250 Gull Pond Road property. All necessary paperwork to be provided by Attorney Freeman, seconded by Wilson; passed 9-0. All paperwork will be given to the consultant.
Vern Jacob motioned to adjourn at 9:30 pm; seconded by Helen Miranda Wilson; passed 9-0.
Respectfully submitted,
Christine A. Bates
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