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Minutes of Zoning Board of Appeals Public Meeting
Date: July 10, 2008
Time: 7:00 PM
Attendees: Bruce Drucker, Vern Jacob, 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. He thanked Bruce Drucker and Paul Murphy for their work on the Blasch hearing. Bruce Drucker stated the Zoning Board does not consider the Blasch case open and would appreciate that no more e-mails or letters be sent to Board members.
Public Hearings:
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. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey and Helen Miranda Wilson. Attorney Bill Riley, representing Judith Ball, gave an overview of her appeal, stating Ms. Ball believes there is commercial use in a residential area with the storage of boats. He stated Ms. Ball has owned the abutting property to 5 Pinecrest Way since 1968 and that there was no boat storage on the property when she purchased it. The Harrington’s purchased their property in February 1966 and in March of 1966 a building permit had been issued. He stated the
Planning Board published a notice on August 4, 1966 for a hearing on potential changes to the zoning bylaws. The hearing took place on August 18, 1966 and in October of 1966, the town passed a bylaw as a residential zone west of Route 6 which would have prohibited the commercial use of the property at 5 Pinecrest Way. Although Riley has correspondence from the Building Inspectors stating the boat storage was a preexisting use, there is no proof that they legally started storing boats prior to August 4, 1966. Mr. Sadow, a resident on Pinecrest Way, provided an affidavit stating he bought his lot in 1965, started construction in 1966 which was completed in 1967, and during visits to the property, he did not remember seeing boats stored on the property. Riley stated that even if the storage is preexisting, he feels the owners of 5 Pinecrest Way should apply for a Special Permit because the neighborhood has changed so much. Mr.Riley displayed
several aerial photographs of various years showing the number of boats on the property. Four letters were read into the record supporting the owners of 5 Pinecrest Way. Dawn Rickman, abutter, stated her family has owned property across the street since 1850 and they have never had any problems with the storage of the boats. Mrs. Orcutt, an abutter, stated she bought land in 1956 and she dislikes looking at the boats. Steven Anthony stated his family owned Hamblin Farm, and in the last several years the boat storage has increased. Mr. Sadow stated there is movement of boats during the year, the road is in bad shape, work is being performed on the boats and there are over 50 boats on the property at the current time during winter storage. Riley presented pictures dating back to 1975 through 2007 which shows the increase in boat storage on the property.
Donna Pickard, owner of the property, stated her parents purchased the property in 1966 received a building permit in February 24, 1966, and the foundation was poured in late February or March 1966 and skiffs were stored on the property prior to the house being built. She stated the boats were in the water by mid June and were returned to the property in approximately October or November. Alfred Pickard stated there are no records of how many boats were on the property, and there are no contracts for storage. He stated to his knowledge there has never been a welder on the property, and no painting or washing of boats took place. Ms. Ball stated she complained to the Building Inspector in 1966 regarding the storage of boats. Paul Murphy,
Building Inspector, stated he reviewed the file and based on the opinions of three previous Building Inspectors, he could not enforce her request. Alfred Pickard stated there is not a business license for this property because he has one for the Holbrook location and was told by the Town officials he didn’t need one.
Riley stated the letters were answered informally from the previous building inspectors. Alfred Pickard stated Building Inspector Staley sent a letter to his grandmother to remove the boats, but after researching the property, told her she could keep the boats there. The 1966 bylaws were not as clear as the current bylaws. Riley stated the bylaws were based on residential zoning. Helen Wilson requested aerial photographs from the 1960’s if available. Chair Jacob stated the Board would like an opportunity to review the past bylaws. Robert Hankey moved to continue to 7/24/08; seconded by Bruce Drucker; passed 5-0. .
8:15
08-19 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. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, and Helen Miranda Wilson. Peter Freeman, Attorney, Ted Malone and Eric Larson from East Cape Engineering were the spokespeople for the project. Peter Freeman stated Wellfleet has less than 10% Affordable Income Housing. He gave an overview of how the project has received support from
the Town as well as how a Comprehensive Permit is reviewed. Building Inspector Paul Murphy stated Ralph Wilmer, the consultant who will work with the Board, was unable to attend the meeting. Freeman discussed the waivers that the Board has to consider. Ted Malone gave a history of his organization stating in 12 years they have developed 112 units and anticipate 180 units in the next several years. Malone described the site, identifying the elevations, the driveway, septic and well location, and the architectural design. Eric Larson stated the road was a challenge with the elevation, drainage issues, and will be treated with catch basins, etc. Larson stated jute will be used on the slopes along with vegetative stabilization. Malone stated their will be an ongoing maintenance program set up with covenants.
Helen Wilson stated that because the Board has not “adopted or filed rules” as required by C. 40B S. 21 prior to this hearing, we are conducting our business in compliance with 760 CMR 56.05 and Chapter 40B, SS.20-23. Fire Chief Dan Silverman read the Fire Department’s concerns regarding the project which included the size of the parking area, access for emergency vehicles, the need for an underground water storage tank, and automatic fire suppression systems. Malone stated he felt all of his concerns could be addressed. The Police Chief stated he had no issues with project. The Planning Board requested additional time to review the project.
Richard Lay, abutter, stated this parcel is topographically difficult along with wetland issues. He made a presentation which included access, the grade of the driveway, safety issues during a snowfall, the curve in the driveway, and the embankment required, along with potential erosion of the driveway support and the area of disturbance. He stated there should be a different access to the units. Larson stated there was a study regarding the access issues and there are problems with alternative access due to ownership of abutting property. John DiBlasio stated he is concerned with safety issues on Gull Pond Road and would like to see signs posted on the road. Elaine McIlroy spoke on the need of the housing.
Malone stated this is not a subdivision but a multifamily use and the project has met all the zoning requirements and if there are any changes to the plans, they would come back to the Zoning Board.
Freeman stated under MA Common Law, 40 B, if a developer meets all the requirements, the ZBA has the power to do a balancing test and is obligated to consider an application, and the ZBA should grant the permit because the Town has to meet the 10% affordable housing.
Samuel Blakesly stated he and his fiancé cannot afford to buy property or a house in today’s market and want to stay in Wellfleet and this would be an opportunity for them to realize their dream.
After discussing various aspects of the project, Bruce Drucker stated the appropriate Boards and Town Departments should review the project and supply information prior to the next meeting. Attorney Freeman stated the Board has six (6) months to reach a decision. Helen Wilson asked if we continue in this way, will it make it uneconomic and Peterson stated no.
Robert Hankey moved to continue to July 24, 2008, based on the availability of the consultant; as well as a continuation to August 14, 2008; seconded by Helen Wilson; passed 9-0.
Vern Jacob motioned to adjourn at 9:55 pm; seconded by Bruce Drucker; passed 9-0.
Respectfully submitted,
Christine A. Bates
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