Meeting Minutes 04/09/09
Minutes of Zoning Board of Appeals Public Meeting
Date: April 9, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Manny Heyliger, Roger Putnam, Tom Reinhart, Sibel Asantugrul, Don Palladino and Christine Bates, Committee Secretary.
Chair Jacob reported he had requested the Board of Selectmen to reinstate Don Palladino to the Board.
Roger Putnam moved to approve the minutes of March 12, 2009 and March 26, 2009 as amended; seconded by Bruce Drucker, passed 5-0.
Public Hearings:
7:05 pm
09-13 Risha, LLC (Doris Zelinsky, owner), 170 Pond Avenue, Map 29, Parcel 382: Application for a 40B Comprehensive Permit to build three townhouse condominium homeownership units under MA General Laws Chapter 40B and 760 CMR 56.
Chair Jacob introduced Ralph Willmer, consultant to the Board for 40B applications.
The Board consisted of Vernon Jacob, Bruce Drucker, William Nicholson, Tom Reinhart and Roger Putnam. Robert Hankey and Manny Heyliger recused themselves. Vern Jacob stated he filed a Disclosure of Appearance of Conflict of Interest form with the Selectmen regarding the relationship of his grandson with an abutter.
Robert Devin, attorney for the applicant, gave the background on Risha, LLC. He gave an overview of 40B history and the comprehensive permit process. He stated Risha LLC was approved by Mass Housing and noted Wellfleet only has 2.7% affordable housing. He gave an overview of the property and the proposed dwellings. A NOI has been submitted to the Conservation Commission for their review.
Tim Brady, Engineer, gave an extensive narrative of the property. He stated there is enough area for a well and an I/A septic system for three bedrooms. There will need to be some erosion control when construction begins and the road needs to be hardened per the Fire Department’s request. Devin stated he is aware of the Local Concerns but they cannot outweigh the regional concern and need for affordable housing. He stated reasonable conditions could be imposed on the property which would not affect the economics. He stated Mass Housing is willing to review our findings of fact, prior to the final decision. Devin stated he would be willing to draft the Findings of Fact and the Decision.
Ralph Willmer stated after reviewing the information, the application is complete and he concurred with the description of 40B that Devin provided. He has not seen the NOI application.
Jacob read letters from the Wellfleet Police, Fire Department, DPW, Board of Health, Planning Board, Open Space, Horrigan, Dale Donovan as a citizen, Sulsky, Santos, and Little.
Devin responded to the Fire Chief’s concerns which Devin state are intra-structure problems, which 40B would over ride regarding the 10000 gallon water tank. He responded that the letters from abutters were driven by local regulations and cannot be looked at with a 40B application. Brady stated the proposed I/A system would handle the equivalent of no less than a three bedroom house and that the buildings will be located outside of the flood zone.
Jacob opened the hearing to the audience: Bruce Bierhans, Attorney for the Drummers Home Association, stated that a 40B application can be denied by the ZBA if the location is inappropriate. He stated this will be a large structure on an undersized lot with only one affordable unit, which is not an appreciable benefit to the town. He read from a statute that the burden of the Board is to review various issues, such as environment, open space, etc. He stated the town has issues with restricting the size of dwellings, respecting open space, conservation land and the environment. He doesn’t feel one affordable unit on the lot outweighs the town’s other interests. The easement on the property for the historic path may not allow any building on the lot. He stated that
there appears to be orders of conditions to be completed but no certificates of compliance have been issued..
Members of the Association objected to the project including Bob Jackson, Barbara Gray, and Ron Harpur stating the lot is inappropriate for affordable housing and that the water needs to be monitored. They want to acquire the land for the public and refurbish the Pond Hill School and local concerns should outweigh this 40B. Gray pointed out that the town has housing plans and many people living in the trailer parks would qualify as affordable housing. Ron Harper, abutter, stated the character and size of the proposed condo units will have above grade living space larger than the existing dwellings in the neighborhood. A nineteen point letter was read into the record with questions and concerns. Liz Southby from the Open Space Committee questioned how affordable would a unit be
when it is located on water front. Barbara Gray stated she looked at the property in the 1980’s and she was a big proponent of 40B when serving as a State Representative.
Devin stated the pricing of the unit has to be affordable which would be approximately $150,000 to $175,000 and the affordable unit would have a deed rider which would be assessed at a lower value, as well as provide lower condo fee rates.
At 8:45, Jacob closed the hearing to the public. The Board made general statements regarding the benefit of only one unit on premise, Open Space, and the potential for endangered species on the property. The Board all agreed they required additional time to read the materials supplied by Devin and to get the results from the Conservation Commission. Attorney Devin stated he would address the 19 points of the Association as well as Biehans concerns. The Board advised all parties that any future materials need to be submitted by May 21, 2009. Devin stated a copy of the application was submitted to the Wellfleet Selectmen in October 2007 and they did not respond. Both Attorney’s Devin and Bierhans agreed to furnish Findings of Fact and deliver to the ZBA by May 21, 2009.
William Nicholson moved to continue to May 28, 2009; seconded by Roger Putnam, passed 5-0.
Bruce Drucker moved to adjourn at 9:10 pm; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
| 
