Minutes of Zoning Board of Appeals Public Meeting
Date: February 12, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, William Nicholson, Robert Hankey, Roger Putnam, Manny Heyliger, Tom Reinhart, Sibel Asantugrul and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker and Don Palladino
Chair Jacob opened the meeting at 7:00 pm and gave an overview of the procedures of the hearings. Robert Hankey stated he will not sit on some of the hearings
07:00
08-33 Michael and Christina Pelletier, 200 LeCount Hollow Rd., Map 30, Parcel 603, Book 112, Page 111: Application for a Special Permit under WZB 6.21 to use the existing cottage as an Affordable Accessory Dwelling Unit after completing a new residential structure on the property. Chair Jacob read an e-mail from the applicant that they wished to withdraw without prejudice, Roger Putnam moved to allow the application be withdrawn without prejudice; seconded by William Nicholson; passed 5-0.
timeMinute5Hour197:05 pm
09-03 Charles Menengas, Village Lane, Map 47, Parcel 22R, Book 15313, Page 310: Application for a Special Permit under WZB 6.1 to construct decking within setback.
The Board consisted of Vern Jacob, Manny Heyliger, William Nicholson, Tom Reinhart, and Roger Putnam. Building Inspector, Paul Murphy, stated construction had been started on a deck without the benefit of a permit and because the work is within the setbacks, he requested Menengas file a Special Permit. Letters of support were read into the record authored by Brodie, Guthier, Bandstra, and Francis. Putnam asked Menengas why he didn’t get a permit and he responded he knew he was in the wrong. Bruce Taub, Attorney, stated the setback to the house is 25 feet. The application was incomplete because it did not identify clear setbacks. Roger Putnam moved to continue to March 12, 2009; seconded by Manny Heyliger; passed 5-0.
7:15
09-04 Shawn and Donna Arsenault, 100 Avery Road, Map 29, Parcel 78, Book 132, Page 125: Application for a Special Permit under MGL c. 40A, Section 10 to construct 4’ x 6’ enclosure for a wood stove within the side setback. The Board consisted of Vern Jacob, Manny Heyliger, Robert Hankey, William Nicholson and Sibel Asantugrul. Arsenault stated he is building the fireplace to heat that side of the house. He stated his immediate abutter, Mr. Thomas, approves of the work. A letter unsigned objected to the project due to safety issues. Paul Murphy, Building Inspector, stated he saw an addition being built which was not
permitted and intrudes into the setback. Although no surveyed site plan was submitted, Murphy stated he would accept the plans provided and ensure building codes will be adhered to. Murphy received confirmation from Town Counsel that a condition could be placed on the Special Permit to ensure the property be cleaned up. Jacob moved for Findings of Fact:
1. This is a pre-existing, non conforming property
2. The proposed addition will meet all fire and safety code requirements per the builder.
3. The proposed addition, with the assumption that the lot will be cleaned up, will not be more detrimental than the existing structure.
4. There will be a minor intrusion into the side set back.
5. The work was started prior to a proper permit being obtained.
6. There will be no change in use
7. There will be no increase in use.
William Nicholson moved the Findings of Fact; seconded by Manny Heyiliger; 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 conditions:
1. The property is to be cleaned up to the satisfaction of the Building Inspector within 60 days of the meeting. The condition was amended to have the property cleaned up before the Building Permit is issued.
7:44 pm
09-05 Harry and Kathleen Parkington, 210 West Road, Map 46, Parcel 1, Book 15661, Page 28: Application for a Special Permit under WZB 8.4.2 and MGL c. 40A, Section 6, petitioner seeks Permit under 6.1.1 and 6.1.5.1 to alter, by replacing 90 existing mobile home units with mobile home units having a maximum of 840 square feet of roofed coverage, but to replace existing mobile home units having over 840 square feet with mobile home units of no more than the same size and to relocate 23 mobile home units having a maximum of 840 square feet of roofed coverable exclusive of decks. The Board consisted of Vern Jacob, William Nicholson, Sibel Asantugrul, Tom
Reinhart and Roger Putnam. Attorney Ben Zehnder and Andrew Parkington gave an overview of the property, stating the park has to install a waste water management system by spring 2009, and they had to install an interim septic system Zehnder stated they are seeking a blanket Special Permit for the replacement of any or all units. Several units had to be removed from the site due to the septic issues. There are currently 90 units with an additional 23 units allowed once the waste water treatment system is installed. Zehnder will provide paperwork supporting the agreement with DEP. There was discussion regarding the size of replacement units, the location of the 23 units, and the lack of clearly identified sites for the existing trailers. The property is 16.8 acres.
Two letters were read into the record objecting to the project written by Sanders and Lee Spenedel. Michael McGarr, owner of a unit within the park, questioned if all trailers will be replaced at 840 square feet even if a current trailer is 900 square feet. Zehnder stated this Special Permit would not force owners to replace the units and it could be replaced with a unit the same size (i.e. 900 square feet). Carmen Surro, abutter to the park, stated he has wetlands on his property and the new proposed siting for the 23 trailers would be approximately 40 to 45 feet from the wetlands. Parkington stated in 1996 DEP forced the park to install the waste water treatment system because they had 160 sites and were allowed an interim septic system that could accommodate 90 units.
Zehnder read section 7 of the consent agreement between the park and DEP that once the waste water treatment wass installed and operating, the additional 23 units ccould be returned to the park. Attorney Robert Kraus, representing the tenant association, stated he is concerned about any changes to the roads within the park, and would like a site plan identifying the coverage for each unit. His clients want to maintain their rights to replace the existing size units, and replace or not replace units as they see fit. He stated the plan provided does not constitute a site plan because it does not show what is currently on the property. Zehnder reiterated people will not be forced to replace units and does not feel setbacks need to be identified. He stated Tim Brady is providing a new site plan identifying the wetlands. Paul Renaud, abutter, stated he has a problem with the density to the proposed area for the 23 trailers. Frank Ganek,
abutter, objected to this plan and stated he feels the Waste Water treatment system should be completed prior to moving the trailers around. A letter from Kennedy, abutter, was read into the record that he objected to the project. Bob Cohen, abutter, stated the location for the 23 trailers is a significant increase to the property, and there haven’t been trailers in that area since 2000, and questioned whether this is a new use or an abandoned use. He requested screening be placed on the property and a landscape plan to reduce the views from the road He provided a list of 18 items he felt needed to be addressed. Zehnder stated they already have the right to have 113 units and are asking for the ability to replace units. He stated he does not want to have to supply an “as is” site plan identifying the structures due to the cost and time involved. Ms. Kilpatrick, an owner of a unit,
stated she would like to have the 90 sites identified on a site plan. Robert Kraus identified himself as the counsel to the Tenants Association of Massasoit, Inc. and stated he would like to see a census for accuracy of the location of units. Jacob closed the meeting to the public at 8:30 pm.
The Board was in consensus that there is a need for a plan identifying the current trailers and what is physically on the ground, as well as individual lot coverage for the entire project. Discussion took place regarding the location for the 23 units and how dense the area would be. Parkington stated there were some units in the area where the 23 units are expected to go.
Zehnder stated they would supply a new plan showing the size of each trailer, including decks and porches. Zehnder stated that he would like the ZBA to waive the Conservation Commission review because they are not sure where the units would be located and individuals would have to go to the Conservation Commission individually if their unit was located within the wetlands. The Board requested the waste water treatment system be identified on the revised plan. Parkington stated he leases the land to the owners of units and he cannot identify the exact size of each yard because the people have lived there for so long. Zehnder stated there is no plot delineation. Attorney Kraus restated that his clients want a census done so there is a mutual agreement between the Parkingtons
and the owners. Parkington stated he owns and rents 20 units. Roger Putnam moved to continue to March 12, seconded by Robert Hankey; passed 5-0.
9:06 pm
09-06 Steven Swain, 250 Commercial Street, Map 21, Parcel 106, Book 8306, Page 3, Book 8306, Page 5, and Book 21996, Page 312: Application for a Special Permit under MGL c. 40A, Section 6 and pursuant to WZB 6.3.1 to waive original requirements and 5.3.2 for placePlaceNameArt Gallery in Central District. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Tom Reinhart, and Sibel Asantugrul. Roger Putnam recused himself. Attorney Zehnder gave an overview of the building’s history and gave examples of several businesses that have more than one use on the property. An old barn door will be installed as the only
entrance to the building and some repairs will have to be made, but the integrity of the building will remain. There is ample parking at the harbor and no parking will be allowed near the door. Zehnder stated they will show the plans to the Historical Review Board. The second floor area would be used for storage. Paul Murphy, Building Inspector, stated if not at grade, there will have to be a ramp for handicap access. There will be no water to the site and no bathroom. Jacob moved for Findings:
1. Art galleries are an allowed use in the Central District by Special Permit.
2. There was no objection from abutters.
3. The application will not significantly change the architectural or aesthetic significance of the building.
4. The applicant has demonstrated there is adequate parking at the public parking area.
5. There are bathrooms in the area.
6. This use is consistent with and supports other uses in this District.
7. The only change to this building will be a barn door at the east elevation.
8. There will be no use of the second floor except storage.
9. The main exit and egress of the building will be to the east.
10. The bay windows on the south side, if not salvageable, will be replaced with historically correct windows.
Reinhart moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. William Nicholson moved to approve the Special Permit based on the Finding of Facts; seconded by Manny Heyliger, with conditions
1. Historical Review Board will approve the change in the door and the windows.
2. A handicap access will be installed if required.
.Passed 5-0.
35 pm
09-07 Rispoli Ventures, LLC (Philippe and Valeria Rispoli), 15 Lecount Hollow Road, Map 30, Parcel 22, Book 10015, Page 163, Application for a Special Permit under WZB 8.4.2 to establish a restaurant with outdoor seating and retail sales in the Commercial District under Sections 5.3 and 5.3.2; for the operation of a wholesale bakery in the Commercial District under Section 5.2; for more than one principal use on a lot in the Commercial District under 5.4.13; and waiver of the developer-funded impact studies under Section 6.3.14; and an alternative configuration of egress under 6.3.15. The Board consisted of Vern Jacob, Manny Heyliger, William Nicholson, Roger
Putnam and Sibel Asantugrul.. Attorney Ben Zehnder introduced Rispoli and Villatte, and gave an overview of the property, stating there would be two uses on the property which includes a restaurant, bakery and apartment. He stated there is an approved Title 5 Septic system, the water is potable and will be reclassified as active with DEP. The basement would be used for storage and materials. The Planning Board reviewed the project and they determined a financial impact study be waived and a traffic impact study be done during the high season during the summer. The restaurant will be open year round, offering cooking classes, wine tasting, and other public events.
Letters from the Planning Board, Health Department, Fire Department and Police Department were read into the record. Letters from abutters Morin, Lovely, Williams and O’Malley were read expressing their concern regarding noise, traffic, and parking. Andrew Parent, owner of businesses in the area, stated he would allow parking for the applicant as well as an area to unload trucks. He was very supportive of the project. Jade Huber supports their endeavor. Building Inspector, Paul Murphy, endorsed the project.
Zehnder stated there will be some quiet music piped to outside diners. There will be 60 seats inside and 24 seats outside, of which 60 will be used at any one time. Zehnder stated the new parking lot would permit cars to exit closer to the restaurant than Route 6. They have received their liquor license and are waiting for the business and food licenses. There will no changes to the exterior of the building or the second floor apartment.
Vern Jacob moved for Findings of Fact:
1. This property had an existing business located on it and there will be no new use for the property.
2. The use is not more detrimental to the neighborhood than the previous use.
3. Approvals have been received from the Police Department, Fire Department, Planning Board and Board of Health.
4. Restaurants are an allowed use in the District.
5. There is no change in use.
6. The businesses will provide employment.
7. The DPW has granted conditional approval of the curb cut.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Roger Putnam moved to approve the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0 with conditions:
1. The ZBA reserves the right to request a traffic impact study prior to April 2010 and if necessary, impose additional conditions.
2. Andrew Parent will provide the applicant permission to use his property for the purpose of deliveries to the restaurant.
3. All exterior lighting fixtures shall be directed inward and downward.
Vern Jacob moved to adjourn at 10:40 pm; seconded by William Nicholson, passed 5-0.
Other Business
Respectfully submitted,
Christine A. Bates
Committee Secretary .
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