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Date: September 25, 2008
Time: 6:00 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 timeMinute0Hour186:00 pm. and informed the applicants and audience of how the meeting will proceed.
6:00 pm
Public Hearings:
6:00 pm
8-20 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 on five (5) units of affordable and median income housing for first time home buyers on a single lot (Cont’d from 09/11/08). The Board remained the same with Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. Tim Brady of East Cape Engineering gave an overview of the revised 9/16/08 plan which included the following changes: buildings will be 6 feet lower in elevation; a retaining wall along the rear of the buildings will be installed;
adjustments made to the parking area; there will be an impact to the size of the slopes; the grade of the road changed; and the width of the road also changed. The Board expressed concern that PersonNameReggie Donoghue, Richard Lay and the Board did not have an opportunity to review the revised plan. The Board and the applicant agreed to a continued meeting of Wednesday, October 8, 2008 at 6:00 pm at the Wellfleet Senior Center. Drucker reminded the applicant the Board requested a letter stating the road would be safe, and any new plans or materials need to be distributed to the Board on week in advance of the hearing.
Judy Taylor gave an overview of the housing needs of Wellfleet, citing the income qualifications. Malone gave an overview of the process of the lottery. Malone stated he hoped the project would be completed by Fall 2009. Attorney Freeman referred to Chapter 15 information which was given to the Board regarding street regulations, which specifically covers driveway design for several units. Vern Jacob requested Attorney Freeman include Police and Fire Department statements in the Findings of Fact, adding information about escrow funding for the maintenance of the road to include snow removal, and include in the Condo Ordinance the
possible dangers of cycling and skate boarding on the driveway. Freeman will supply a copy of all the documents to the Housing Authority. There was further discussion regarding potential parking at the bottom of the hill on snowy days, salt affecting the well water quality, and the qualification of Wellfleet residents to be considered for obtaining a unit. The Board has up to 40 days to file the final decision with the Town Clerk.
7:00 pm
08-27 Anne Kutka, Linda Hurd, Ken Kozak & Patrick Kutka: 20 Fresh Brooke Lane, (Green Dolphin Condo’s), Map 42, Parcel 1, Cottages B, C, D, and E: Application for a Special Permit under WZB 6.1.1 to extend the use of the cottages to January 1 (Cont’d from 9/11/08). The Board for this hearing consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, and Manny Heyliger. At the request of the applicant, Robert Hankey moved to allow the applicant to withdraw without prejudice; seconded by Bruce Drucker; passed 5-0.
7:02 pm
08-19 Roy Perkins, 170 Commercial St., Map 21, Parcel 90: Application for a Special Permit under WZB 6.1.5 to add dormer to pre-existing dwelling that is within setbacks. Bruce Drucker recused himself. The Board consisted of Vern Jacob, Robert Hankey, William Nicholson, Manny Heyliger, and Tom Reinhart. Mr. Perkins gave an overview of the project stating this would add additional height to the kitchen area with no other changes. Vern Jacob moved for Findings of Fact:
1. The property is preexisting, nonconforming with respect to lot size and setbacks.
2. The proposed dormer involves a minimal volumetric increase in the setback.
3. There will be no change in use.
4. There is no objection from abutters.
5. The proposed project will not be more substantially detrimental to the neighborhood than the existing building.
Robert Hankey moved the Findings of Fact; seconded by Tom Reinhart; passed 5-0.
Robert Hankey moved to approve the Special Permit based on the Findings of Fact; seconded by Manny Heyliger, passed 5-0 with the following condition:
1. The applicant must get the approval from the Historical Review Board.
7:10 pm
08-30 Toni Athans, 70 Commercial St., Map 21, Parcel 70: Application for a Special Permit under WZB 6.1 to build a 10’ x 16’ deck from bedroom. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. Toni Athans gave an overview of the proposed project stating the two trees on the side of the house would require minimal trimming, and that she received support from five abutters, with one abutter objecting due to privacy issues. Athans stated she had not asked the Historical Review Board for approval. The Board discussed the height of the decking and the posts, the potential for
other condo owners to want to add additional decking to the structure, and the integrity of the house. Building Inspector, Paul Murphy, stated there are no setback issues but because it is a four condo unit, he felt the Board should review the project. Bruce Drucker moved to continue to allow the applicant to contact the Historical Review Board, seconded by William Nicholson, passed 5-0.
7:30 pm
08-28 Jeff Zinn (WHAT), 15 Kendrick Ave., Map 21, Parcel 111: Appeal from Person Aggrieved (MGL Ch. 40-A, S.8) request building permit for proposed inside renovations. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. Jeff Zinn stated he had approached the Building Inspector with informal plans in the spring and then again in May and August 2008 to change the interior of the theater on the Harbor and Paul Murphy was not comfortable giving him a building permit. Zinn stated there will be demolition to a wall, elimination of the rise seats, and installation of tables and chairs which will not
increase the use of the property but will give them the flexibility in how shows are presented. Zinn stated he did not feel he required a Special Permit for the work. Zinn stated he would like to do the renovation during the winter months. Vern Jacob suggested he file for a Special Permit. Drucker suggested he continue this hearing and file for a Special Permit. Vern Jacob moved to continue to 10/23/08; seconded by Robert Hankey; passed 5-0.
7:45 pm
08-20 Alan Michelson, 21 Samoset Ave., Map 28, Parcel 184: Application for a Special Permit under WZB 6.1.5.1 and M.G.L. C 40A S 6 to remove and replace a pre-existing nonconforming single family dwelling (Cont’d from 9/11/08). The meeting minutes of 7/24/08 were read into the meeting minutes. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey and Roger Putnam, replacing Helen Miranda Wilson who served on the 9/11/08 Board. Attorney Ben zehnder, Peter Hague, and Tim Brady represented the applicant. Zehnder stated the Conservation Commission approved the project. The issue brought up at the
9/11/08 hearing regarding the merger of lots is not pertinent to this property. The proposed height has been reduced by 1 foot 9 inches. Zehnder stated the living space is under 1,700 square feet, not counting the garage and the lot coverage is 8.2%. There is 12,565 square feet in the upland portion of the lot.
The Board discussed their concerns which included the neighborhood appearing to be mostly one story structures, the increase in habitable space and use, the roofline, and the integrity of the neighborhood. Zehnder responded that the lot has restrictions due to the Conservation Commission regulations and that the demographics of Wellfleet are changing with people wanting to live here year round. He briefly reviewed Bylaw 8.4.2
and stated the design of the house meets the applicant’s needs and there is no objection from abutters. Hague stated the only reason they are at the ZBA is because of the setback where the one story garage will be located. The applicant requested a continuation. Roger Putnam moved to continue to 10/23/08; seconded by Bruce Drucker; passed 5-0.
timeHour20Minute548:54 pm
08-25 Terry and Tamara Colvin, 308 Alden Road, Map 24, Parcel 97: Application for a Special Permit under WZB 6.1.1, 8.4.2 and M.G.L. C 40A S 6 to alter a preexisting nonconforming single family residence by removing existing dwelling and deck and replace on same footprint with the addition of walk-out basement and first-floor porch, as well as install two retaining walls to support proposed structure under 6.2 and M.G.L. C 40A S 6. Manny Heyliger recused himself. The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, and Tom Reinhart. Attorney Zehnder gave an overview of the project, proposing to remove the house
and reconstruct with the same dimensions on the footprint with a screened porch. There will be living space in the basement and the height of the dwelling will increase by approximately 1 ½ feet. The property is nonconforming due to the setbacks. Letters from abutters Krasting, Freeman, and Bliss supported the project. No comment was received from Cape Cod National Seashore at the time of the hearing. Kathleen Robinson and her son, Ken Robinson, abutters east of the property, stated they are concerned with the height of the dwelling and that the sun porch would impact their views. They feel this could impact the rental of their property and asked if the proposed dwelling could be moved to another location on the property. Ken Robinson stated he is concerned with the construction eroding the fragile land now on Alden Road and recommended the equipment access the property from North Circuit because there was already construction in that
area. The Board discussed the abutters views, the height of the dwelling, the potential for moving the proposed dwelling to another location on the lot, and parking for the property. Robert Hankey moved to continue to 10/23/08; seconded by Tom Reinhart; passed 5-0.
8:50 pm.
08-29 Terry and Tamara Colvin, 308 Alden Road, Map 24, Parcel 97: Application for a Special Permit under WZB6.1.1 (Non-conforming uses – alteration or extension); 6.1.5.1 (Alterations to nonconforming single or two-family residential structures); 8.4.2 (Special Permits): Proposed Bylaw Amendment 5.4.3.1 (Maximum Site Coverage in the National Seashore Park); Proposed Bylaw Amendment 6.24.2 (Applicability of National Seashore Park District Special Permit); Proposed Bylaw Amendment 6.24.3 Standards and Criteria of National Seashore Park). The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger.
Attorney Zehnder stated that due to the potential bylaw changes, everything is frozen at this point and doesn’t feel it is fair to the applicants. Drucker stated the ZBA cannot issue a Special Permit because it is not law yet. Attorney Zehnder requested a continuation; Vern Jacob moved to continue to 11/13/08; seconded by Bruce Drucker; passed 5-0.
Other Business:
Robert Hankey moved to adjourn at 9:30 pm; seconded by Bruce Drucker; passed 5-0.
Respectfully submitted,
Christine A. Bates
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