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Minutes of Zoning Board of Appeals Public Meeting
Date: August 14, 2008
Time: 7:00 PM
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, Don Palladino, Manny Heyliger, 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.
7:02 am
08-22 Douglas Freeman, 331 North Circuit Road, Map 24, Parcel 99, Application for a Special Permit under WZB 6.1.1, 6.1.5.1, 5.4.2 and M.G.L.C40A S 6 to alter a preexisting nonconforming structure. Robert Hankey and William Nicholson recused themselves. The Board consisted of Vern Jacob, Roger Putnam, Bruce Drucker, Manny Heyliger and Tom Reinhart. Attorney Ben Zehnder represented the applicant and stated this property was granted a Special Permit in 2007. Freeman would like to relocate the house more centrally on the lot, which will consist of a basement with a family room, main floor and second floor. The proposed dwelling will be 10.8% lot coverage and have an interior space of 2,025 square feet, which includes a utility space. The proposed height is
approximately 26’5” from the average grade. The existing dwelling is approximately 14’ in height. There was discussion regarding the square footage increase. The use of this structure will be a three season family use, ultimately going to year round for the family.
A letter dated 8/14/08 from the National Seashore expressed concerns regarding the lot size, the volumetric increase, setback requirements and stated it would be more detrimental to the neighborhood. Letters of support were received from the Shuman’s, Bliss, Mac Connell, Neyland, Krasting, and Roberge. The National Seashore asked that a portion of the existing dwelling be incorporated into the new structure and Zehnder stated the foundation is made of cinder blocks and it would not be possible. He stated the proposed dwelling has an increase in living space due to the foundation, but is no different in size and there will be no change in use from the previously approved Special Permit for this property. It was noted the National Seashore did not comment on the previously approved Special
Permit. The Board expressed concern with the ceiling heights and the volumetric increase from the family room in the basement. The Board requested Zehnder supply the volumetric increase. Deborah Paine, contractor, stated she would like to give the Board a 3D presentation which would include the current dwelling, the previously approved Special Permit design, and the proposed dwelling. Vern Jacob moved to continue to 9/11/08; seconded by Bruce Drucker; passed 5-0.
08-23 Douglas Freeman, 331 North Circuit Road, Map 24, Parcel 99, Application for a Variance under WZB 8.4.3 from Bylaw Section 5.4.2 for location of residential structure within required yard setbacks. Bruce Drucker moved to continue to 9/11/08; seconded by Vern Jacob; passed 5-0.
8:00 pm
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 7/24/08). The Board consisted of Bruce Drucker, Vern Jacob, Robert Hankey, William Nicholson, and Manny Heyliger. Vern Jacob stated Reggie Donoghue of Coastal Engineering had been recommended by the Town DPW and will be engaged as the ZBA’s consultant. Donaghue gave an overview of Coastal Engineering and his experience. Bruce Drucker moved to retain Mr. Donoghue pursuant to the escrow fund set up by Mr. Malone; seconded by Robert Hankey ; passed 5-0.
Ted Malone stated a revised plan of the driveway was presented to the Planning Board which included the creation of a fire lane and additional pavement by the buildings in order to handle large vehicles, such as a fire truck. The issues of the slopes were addressed and Malone stated steel retentions were added in two areas which would be permanent structures. There will also be a four foot stone retaining wall placed on the east side of the driveway. The areas to the north/east switchback will be paved with permeable surface for emergency vehicles. The grade of the driveway was discussed in length. They looked at lowering the buildings, but it would only reduce the grade 1%. Malone feels the original road design with the additional width and retentions is what he would
recommend. Fire Chief Silverman stated his concerns were met and Richard Lay stated they have made some changes which were an improvement; however the grade is steeper on the inside of the road.
The Planning Board meeting minutes of 8/6/08 were read into the record. Donoghue stated he gave a cursory review of the plans and visited the site. In general, he feels there is a limited radius at the entrance, is concerned with emergency exits and entrances, has traffic concerns, the slope grade on the inside of the road is 20% which is very steep for a vehicle coming up the hill, and has issues with maneuvering areas for emergency vehicles around the units which would block traffic in the fire lane. He would like to review the new plans and make a report for the Board.
Vern Jacob requested Eric Larson send a letter with his license number on East Cape Engineering letterhead stating the proposed road will be safe.
Malone stated the road will belong to the condo association and the capital budget will include road maintenance. There will be professional management which will oversee snow plowing with a contract which will come out of operating funds. The association will maintain adequate long term reserves.
The board asked if there are any standards they could reference that is quantitative regarding the safety issue of the driveway. Discussion about the interior grade of the driveway took place as well as a taking to ensure safety. The Board wanted to know who funds the liability for the condo’s. The Board suggested Attorney Freeman provide findings of fact; Attorney Stephanie Kiefer, representing Attorney Freeman, stated they would provide them prior to the next hearing.
Alfred Pickard stated the Planning Board considers this a road and that sand can be as detrimental as ice after the snow melts. He is concerned with the grade. Helen Miranda Wilson stated safety is a relative thing and no one can guarantee that people will be driving safely.
It was agreed the three engineers would work cooperatively and come back to the Board.
Vern Jacob moved to continue to Sept 11, 2008; seconded by Bruce Drucker; passed 5-0.
Bruce Drucker moved to adjourn at 9:45 pm; seconded by Vern Jacob; passed 8-0.
Respectfully submitted,
Christine A. Bates
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