Minutes of Zoning Board of Appeals Public Meeting
Date: March 12, 2009
Time: timeHour19Minute07:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam, Tom Reinhart, Sibel Asantugrul and PersonNameChristine Bates, Committee Secretary.
Regrets: Don Palladino and Manny Heyliger
Chair Jacob opened the meeting at 7:07 pm and gave an overview of the procedures.
Public Hearings:
7:08 pm
09-01 McNulty, 31 East Commercial St., Map 15, Parcel 112: Application for a Special Permit under WZB 6.1.5.1 to extend living room and construct enclosed porch. Vern Jacob reported all appropriate abutters were not notified of the hearing and a new date is required. Roger Putnam moved to reschedule the hearing to April 23, 2009; seconded by Bruce Drucker; passed 7-0.
Roger Putnam moved to have Building Inspector, Paul Murphy, contact the appropriate agency to have a representative from the state assist the Board with the 40B Comprehensive Hearing scheduled for April 9, 2009; seconded by Tom Reinhart; passed 7-0. Jacob read an e-mail from Bob Devon, Attorney for Zelinsky, asking if the ZBA wanted to open and continue the hearing on April 9, 2009 because the application has to go before the Conservation Commission. The Board determined they would like to go forward with the April 9, 2009 hearing.
7:11 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.
Jacob read the meeting minutes of 2/12/09 for the record. The Board consisted of Vern Jacob, Tom Reinhart, Roger Putnam, William Nicholson and Sibel Asantugrul replacing Manny Heyliger. Attorney Bruce Taub stated the requested site plan had been distributed to the Board. Roger Putnam moved for Findings of Fact:
1. This is a pre-existing structure built in March 1975.
2. There will be no change in use.
3. There will be no increase in use.
4. There is adequacy of roads, drainage and other public services.
5. This project does not require Board of Health or Cons Commission review.
6. There was no objection from abutters.
7. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
8. There will be an intrusion into the setback of 15.5’.
William Nicholson moved the Findings of Fact; seconded by Tom Reinhart; passed 5-0. William Nicholson moved to approve the Special Permit based on the Findings of Fact; seconded by Tom Reinhart; passed 5-0.
timeHour19Minute187:18 pm
09-06 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 Chair read into the record the pertinent portion of the DEP letter to Parkington dealing with the number of units permitted. The minutes of 2/12/09 were read into the record. The Board consisted of Vern Jacob, William Nicholson, Tom Reinhart, Roger Putnam and Sibel Asantugrul. Attorney Ben Zehnder introduced Tim Brady and Andrew Parkington. Zehnder stated the new site plan shows existing units but not delineated lots and the proposed location for the 23 additional units. He stated after the build out, which will include decks, etc. the average lot coverage will be 14.9%. The work for the waste water system was started 3/12/09. Zehnder stated the agreement between the State and the park allows the 23 units to be replaced. There is no plan identifying each individual
lot. Zehnder stated Assistant Conservation Agent, Andrew Petty, advised him that the units within the buffer zone would have to have Conservation Commission approval.
Abutters to the property expressed concern with the three proposed units on Parkington Hill Road as well as three located within the buffer zone. It was suggested planting hemlocks or pine as a border which would provide better screening. Attorney Kraus, representing some of the park’s renters, asked if the plan presented would be the formal site plan and the Board responded in the negative. Kraus stated some of the members would like to upgrade to 840 square foot units and be able to relocate them within the park due to the waste water facility. Zehnder stated the waste water treatment system will be underground and should not affect the current sites. There will be a control building. Zehnder stated Parkington could not guarantee people could have a choice of location within the
park. Kraus is concerned with enforcement issues because the site plan is not finalized.
There was further discussion from the audience regarding parking, lack of space for larger units, and access to some proposed locations. There was concern with a density issue on A Street because the units are close. Leases expire in June 2009 and Kraus stated there have been some agreements with the tenants and the owners. Zehnder stated the laws protecting trailer park renters are basically for year round tenants and there are only 25 year round residents in the park. Tim Brady stated there will be some trenching for underground piping and the interim septic systems will be abandoned because all the septic will go to the waste water sewage treatment system.
Robert Cohen, abutter on Parkington Hill Road, questioned how many new units were going to be added because he counted 26. Zehnder stated there are 87 current units and they have permission from the State to have 113. Kraus stated he is concerned with grandfathered rights and wants to be assured that his clients can replace their units at 840 square feet and be able to locate the site of their units. Further discussion from the audience included the right of the tenants to have defined lots for enforcement reasons, Conservation Commission review, past history of unit locations within the wetlands, and the rights of the tenants.
Chair Jacob closed the meeting to the public. The Board expressed concern with granting an unrestricted blanket Special Permit, allowing the placement of units at the Parkington’s discretion. Additional concerns included whether this would create more nonconformity in the parcel, noise level of the waste water system, and the location of the control building There is no evidence of abandonment, and there is a consent order of good faith,. Building Inspector, Paul Murphy, stated the new units would have to adhere to the setback requirements.
Chair Jacob stated the Board required Conservation Commission input, Fire Department input, and additional detail on the site plan. Zehnder stated he will go to the Conservation Commission informally. The Board recommended the four units within the buffer zone be eliminated from the application; Zehnder stated he would consider that as long as the Board agreed that they could come back for review without prejudice. Zehnder agreed to identify the setbacks on the site plan. Zehnder will forward a copy of the plan to the Fire Chief and request a letter. A letter will also be sent to the MA Audubon for their comments.
Roger Putnam moved to continue the hearing to May 14, 2009; seconded by William Nicholson, passed 5-0.
Roger Putnam moved to adjourn at 9:18 pm; seconded by Tom Reinhart, passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary .
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