APPROVED
Minutes of Zoning Board of Appeals Public Meeting
Date: October 8, 2008
Time: 6:00 PM
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, Roger Putnam, Don Palladino, Manny Heyliger, Tom Reinhart and Christine Bates, Committee Secretary.
Regrets: William Nicholson
Chair Vern Jacob opened the meeting at 6:00 pm. and informed the applicants and audience of the procedures for the meeting.
Public Hearings:
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 09/25/08). The Board remained the same with Vern Jacob, Bruce Drucker, Robert Hankey, Manny Heyliger and Don Palladino replacing William Nicholson with the applicant’s approval.
Attorney PersonNamePeter Freeman stated he edited the Findings of Fact and that the plans had been updated. Letters from Coastal Engineering, Richard Lay, and Tim Brady were submitted as requested.
Roger Willmer stated the Board has to determine if they are comfortable with all materials presented to them. He stated the Board would need to include the conditions that the experts (engineers) supplied if they were going to reach a decision at this hearing.
Attorney Freeman stated there is no liability on the part of the town because it is private property and that the Board has done their due diligence by raising the concern of the driveway and getting consultants to review the plans. He stated all explicit requirements are being met and none of the engineers, the Housing Authority, the private developer of the property or the Town would responsible. Further discussion took place regarding the driveway and safety issues and Attorney Freeman stated he felt it would be the drivers fault if there were an accident and their personal insurance would be responsible. Tim Brady stated there is a line of sight to the right at Gull Pond Road and Gull Pond Road has a limited line of sight at the driveway. It was recommended a caution sign be
placed on Gull Pond Road near the driveway entrance and other signs be placed on the exiting side of the driveway to alert the drivers there is a steep turn. The topic of grade on the driveway was again discussed and Brady stated this is for five housing units and residents and guests will have to use caution. Heyliger stated that two expert engineers state the driveway would be safe enough and the Board has to respect that.
Drucker stated the Board has up to six months from the date of receipt and 40 days to render the Findings of Fact and Conditions. He stated placeEast Cape’s letter falls short because they would not make a statement it was a safe road. David Michniewicz of Coastal Engineering stated the 10/02/08 revised plan identify the widened curb cut, the proposed grading would achieve a grade of 12% +/- along the inside edge of pavement and 19% +/- along the inside of the hardened shoulder at the turn is an improvement, and the additional vehicle parking and maneuvering area meets applicable Fire Department standards. Along with their recommended conditions, their opinion is that the proposed project will provide functional and a safe driveway, parking and maneuvering access on the property. Discussion
took place regarding the proposed berms to control water run off and the catch basins at the entrance of the driveway. Ted Malone stated there will be a stone wall which will aid in the control of the run off and Brady stated getting the slopes vegetated is very important.
Elaine McIlroy, Co-Chair of the Housing Authority, stated the future residents will be respectful and the Housing Authority feels confident this will be a good project. Richard Lay questioned Brady if he measured the site distance to the west at the entrance and recommended he drive down Gull Pond Road to view the sight lines. It was not recommended there be a parking area at the bottom of the property for use in poor weather because it would require extensive excavation into the hill.
Roger Willmer suggested taking the draft findings we already have and add the additional information. Bruce Drucker moved to close the hearing, subject to obtaining the sight lines and standards of site lines of Gull Pond Road within seven (7) days; seconded by Robert Hankey; passed 5-0. The next meeting will be October 22, 2008 at 4:00 pm, at the Senior Center. Willmer recommended just the Chair consult with him. Willmer will send the revised Findings of Fact to Christine Bates and all parties involved will be copied. The conditions Coastal Engineering recommended, along with Tim Brady’s letter, will be added as conditions. It was requested all materials be available for distribution by October 17th. All questions from the Board should be
brought to Vern Jacob, who will contact Willmer.
Business:
Roger Putnam moved to approve the August 13, 2008 Business Meeting minutes as presented; seconded by Bruce Drucker; passed 5-0.
Bruce Drucker moved to approve the August 28, 2008 meeting minutes as amended; seconded by Don Palladino; passed 5-0.
Robert Hankey moved to approve the September 11, 2008 meeting minutes as amended; seconded by Bruce Drucker; passed 5-0.
Robert Hankey moved to approve the September 25, 2008 meeting minutes as amended; seconded by Bruce Drucker; passed 5-0.
The ZBA discussed the propriety of taking a position on articles in the up-coming Special Town Meeting. It was noted that five members of the ZBA had signed the petitioned articles. After due discussion and consideration it was moved by Roger Putnam and seconded by Bruce Drucker to support Articles 4 and 5, and furhter to recommend that Articles 6, 7, and 8 be indefinitely postponed. Passed 7-0.
Bruce Drucker moved to adjourn at 7:45 pm; seconded by Manny Heyliger; passed 5-0.
Respectfully submitted,
Christine A. Bates
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