Minutes of Zoning Board of Appeals Public Meeting
Date: June 11, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vernon Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Manny Heyliger, Roger Putnam, Tom Reinhart, Sibel Asantugrul, Donald Palladino and Christine Bates, Committee Secretary.
Chair Jacob opened the meeting at 7:00 pm and gave an overview of the procedures of the public hearings.
Public Hearings:
7:05 pm
08-32 Simpson, 780 Ocean View Drive, Map 17, Parcel 3: Application for a Special Permit under WZB 6.1.5 and 6.24 to relocate pre-existing structure due to erosion of the coastal bank and add a full foundation with a full bath and one bedroom (Cont’d from 05/14//09). The Board consisted of Vernon Jacob, Roger Putnam, Sibel Asantugrul, Tom Reinhart and William Nicholson. Attorney Ben Zehnder stated the new plans were acceptable to the Building Inspector and new criteria was presented regarding the new regulations for the National Seashore, identifying the volumetric increase and the new square footage of the dwelling. He also reread the
letter from the National Seashore accepting the plan. Attorney Zehnder reviewed the requirements of WZB 6.24. Paul Murphy stated the drawings are acceptable. The Board stated Simpson has addressed the Board’s concerns, although they requested vegetation be planted on the southwest corner along with lattice or wood to reduce the appearance of the cement cellar. Chair Vernon Jacob moved for Findings of Fact:
1. This is an existing dwelling to be relocated to a new foundation.
2. The lot is located within the National Seashore.
3. The existing dwelling is to be relocated within the front setback.
4. There will be a volumetric increase of less than 20%.
5. There will be no change in use.
6. The roads, drainage and other public services are adequate.
7. The project has no objection from abutters.
8. The National Seashore has given permission to the owner for this move.
9. The application was before this Board prior to the implementation of WZB 6.24.
10. The application has been amended to conform to WZB 6.24.3.
11. The landscape must be preserved in its natural state insofar as practical. The Board shall encourage the applicant to avoid grade changes and the removal of native vegetation and soil. Any grading or earth-moving must be planned and executed in such a manner, and retain to the extent practicable final contours consistent with existing terrain both on and adjacent to the site.
12. Proposed buildings and foundations shall to the extent practicable, minimize alteration on steep slopes, flood plains, hilltops, dunes, coastal banks, scenic views and wetlands to preserve the integrity and scenic qualities of natural features whenever possible. Proposed developments shall take into account, and to the extent practicable, minimize obstruction of water views and other scenic views from publicly accessible locations.
13. Proposed developments shall preserve and protect unusual or rare natural and/or historical features. Development and redevelopment shall not interfere with legal access. Proposed developments should minimize obstruction of water views and other scenic views from publicly accessible locations. Electric, telephone, cable and other utility lines shall be installed underground unless the Board determines that the benefits to be achieved are outweighed by costs or other factors.
14. The protection of unusual or significant environmental resources including protection and maintenance of groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies is critical and shall be evaluated. All runoff shall be recharged on site based on a calculated 25-year storm. Storm water infiltration systems shall be designed so that run-off shall not be increased, groundwater recharge is maximized, pollution impacts are minimized and neighboring properties will not be adversely affected.
15. Lighting must be consistent with General Bylaws of the Town of Wellfleet. There shall be protection of adjacent properties and the night sky from intrusive lighting. Consideration should be given to the placement of decks and patios and their potential for noise pollution and its adverse impact on adjacent properties.
16. In addition to the Maximum Site Coverage table allowance for the lot size, the Board considered the Cape Cod National Seashore’s 50% guideline. Proposed development does not exceed the 50% formula.
17. The Board finds that the development shall not have a significant adverse impact on the scenic views and on the prevailing scale, mass and character of the neighborhood and zoning district.
Roger Putnam moved the Findings of Fact; seconded by Tom Reinhart; passed 5-0. Roger Putnam moved the Special Permit based on the Findings of Fact; seconded by Tom Reinhart; passed 5-0 with the following condition:
1. There will be foundation planting along the west and south side as well as wood lattice or other wood materials on the foundation.
7:38 pm
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 (Cont’d from 05/14/09.
The Board consisted of Vernon Jacob, William Nicholson, Sibel Asantugrul, Tom Reinhart, and Roger Putnam. Chairman Vernon Jacob requested the presence of Fire Chief Dan Silverman to express any concerns he has regarding the application and he stated his two concerns were access to the units and although there is no fire code or building code regulations regarding the distance between the units he feels the units are quite close to one another. Chief Silverman requested the roads be maintained with brush clearing a minimum of 14 feet wide and 14 feet high and provide adequate radius access. He recommended a cistern water tank which is also not in the regulations. There was discussion regarding the condition of the roads at the present time with construction going on and it was confirmed there
is hardener used on the site. Attorney Ben Zehinder recommended the Fire Chief sign off on the site plans regarding the safety of roads as part of the Board’s conditions.
Tim Brady identified the changes of the revised plan dated May 15, 2009. Attorney Ganek, an abutter, stated he wanted one of the four trailers eliminated from the south portion of the site. Discussion took place among Attorney Ganek, Attorney Kraus, Attorney Zehnder and the Board regarding the Findings of Fact. Attorney Kraus requested the plan be identified as “zoning submission plan” because it does not identify specifically what is on the property. Attorney Zehnder stated his Findings are based on the entire park, not just the additional 23 units. The decision would not force or obligate tenants to upgrade to larger units. Tim Brady stated he could not identify a completion date for the Waste Treatment System as a finding or condition. It was determined
the control building for the septic would be as a component of the waste treatment system and not an accessory building. Vernon Jacob moved for Findings of Fact:
1. The Masasoit Hills Mobile Home Park is a pre-existing, nonconforming use, having pre-dated the creation of the Wellfleet Zoning By-law.
2. The proposal is only to replace voluntarily a portion of the mobile homes that were on the land when the mobile home park became non-conforming. No additional land is being added to the site.
3. There will be no significant change in use, no significant visual impact to the community, no significant increase in traffic, and no significant increase in noise, or odors, nor the creation of any significant nuisance, hazard or congestion.
4. The mobile homes will be serviced by the waste water treatment system upon completion as mandated by DEP.
5. Voluntarily replacing trailers with new trailers is an upgrade of the property, both visually and in terms of occupant safety.
6. The project involves the voluntary replacement of mobile home units and appurtenant porches and decks and generally as shown on the Zoning Submission Plan, and the siting of additional units to replace units which were previously removed to comply with a DEP consent order, also as shown on the Zoning Submission Plan, as referenced herein.
7. The Conservation Commission will review any alteration or work, or placement of mobile home units, within its jurisdiction.
8. The replacement units and additionally sited units as shown on the Zoning Submission Plan will not have a substantial adverse effect on public views, and there will be no significant change in parking and service areas as viewed from public streets.
9. The placement of the control building for the waste water treatment system within the northerly side setback line will provide for increased separation between the building and mobile home units. The construction of the control shed for the waste-water treatment system within the northerly side setback is a de-minimus event that falls within the Applicant's request for a Special Permit
10. After considering the District Objectives for the zoning district and the relevant criteria set forth in WZB Section 8.4.2 , the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
11. Because the proposal is for replacement of a portion of the mobile home units that were on the land when the mobile home park became nonconforming, and since the potential increase in size of the mobile home units will not materially change the use of the Park, the proposal does not constitute an addition to or increase in the extent of the non-conforming use of the land for a mobile home park.
Roger Putnam moved the Findings of Fact; seconded by Tom Reinhart; passed 5-0.
After discussion, the Board determined the following conditions:
1. No mobile home site shall have more than 840 square feet of site coverage by trailers, porches and decks, both covered and uncovered. Any mobile home site containing more than 840 square feet of site coverage at the time of approval of this Permit may continue to have the amount in place at that time. The Applicant's spreadsheet entitled "Massasoit Hills Trailer Park Square Footage" (attached) shall be presumptive evidence of the existing square footage of each present unit, not including sheds.
2. All new mobile home units shall be set back front and rear from other units by at least 8 feet and shall be set back from side to side from other units by at least 10 feet.
3. There shall be no more than 113 mobile home units on the property.
4. All work shall comply with all lawful Conservation Commission, Board of Health and Building Department rules and regulations.
5. There shall be no additions or replacement to mobile home units and no new sheds, accessory buildings or decks constructed without prior review by the Wellfleet Building Inspector to determine compliance with this Permit.
6. The plan entitled "Zoning Submission Plan," prepared by East Cape Engineering and dated March 10, 2009, revised May 6, 2009 (the “Zoning Submission Plan") is accepted by the Board as indicating the general locations of all units. The Applicant may re-locate voluntarily existing units within the Park without further review by the Board. The Applicant may not locate or relocate the southernmost 17 units as shown on said plan in any location not substantially as shown on said plan without further review and approval by the Board.
7. The Applicant shall landscape and install the screening along the southern end of the property along West Road and Parkington Hill Road with Leland Cyprus trees, Frazier Firs, and various other vegetation as shown on the Zoning Submission Plan prior to the installation of any of the four southern most mobile home units.
8. The applicant shall receive written approval from the Wellfleet Fire Chief of the final grading and trimming of roads within the park prior to installation of the four southern most units.
9. These Findings, these Conditions, this Decision and this Permit do not interpret, establish or effect any contractual or other rights, liabilities or obligations by and between the applicant and the owners of the mobile homes located on the property and, further, these Findings, this Decision, and this Permit are not determinative of any statutory or regulatory rights with respect to mobile homes.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact with the above conditions; seconded by Tom Reinhart; passed by a vote of 5-0.
9:35 pm
09-17 Arnold, 115 Cove Rd., Map 23, Parcel 208.8: Application for a Special Permit under WZB 6.1.5.1 b to add a 246 square foot, one floor addition to existing guest house. Robert Hankey did not participate in the hearing. The Board consisted of Vernon Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Sibel Asantugrul. Chet Lay represented the applicant and gave an overview of the project. There will be approximately 60 square feet will be within the setback. Vernon Jacob moved for Findings of Fact:
1. The lot is located in the Commercial 2 district.
2. The dwelling is a lawfully pre-existing, nonconforming structure having been built prior to the adoption of Wellfleet’s zoning regulations.
3. The dwelling has an existing intrusion into front setback.
4. There will be no change in use.
5. The use conforms with the objectives of the commercial 2 district.
6. There was no objection from abutters
7. There will be a modest increase of lot coverage that will still be within allowable
lot coverage limits
8. There will be an approximate 60 square feet within front setback
9. After considering the district objectives, as providing for WZB 3.2 and the relavent criteria set forth in WZB 8.4.2, the Board finds the benefits of the proposed outweighs any adverse affects on the Town and the vicinity.
10. The addition will not be more substantially detrimental to the neighborhood than the existing non-conforming structures.
Manny Heyliger moved the Findings of Fact; seconded by William Nicholson; passed 5-0. Bruce Drucker moved to approve the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
9:45 pm
09-18 Parent, 1446 State Highway, Map 30, Parcel 6, Application for a Special Permit pursuant to G.L.c.40A S 6 and WZB 5.2, 5.3.2, 5.4.13 and 8.4.2 for use of one 12’ x 16’ accessory building for bicycle rentals and sales and a second 12’ x 16’ accessory building for rental and sales of kayaks and surf boards. The Board consisted of Vernon Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. Jennifer Parkas Ellis represented the applicant and gave an overview of the project, discussing vegetation, parking, traffic congestion, the uses on the lot, the setbacks of the accessory buildings, and lot coverage. After lengthy discussion regarding the removal of vegetation and trees, Andrew Parant stated he will replace the vegetation. A filing will be made with MESA to ensure compliance. Parent stated he has had discussion with the Bike Trail and they will work together regarding the parking. Abutters stated they have been assured that Andrew Parent will
replant. Another abutter stated he would like to see a planting plan. The Capistrano’s, who will be renting the bike rental shop, provided the Board with letters and articles of recommendations. Andrew Parent stated there are currently five businesses on the parcel. After discussion the Board requested the applicant provide a planting plan, a parking plan for the present businesses and for future businesses, identify the driveway(s), and designate display areas. Bruce Drucker moved to continue to June 25, 2009; seconded by Robert Hankey; passed 5-0.
Bruce Drucker moved to adjourn at 10:20 pm; seconded by Manny Heyliger; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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