Locations
Easton/Main Office:
Tel. 508.238.0003
Chatham Office:
Tel. 508.945.1000
Wellfleet Office:
Tel. 508.349.2200
The Wellfleet 40B Controversy/Does 40B Trump Preservation?
Published on 04/21/09 12:36PM by Bruce A. BierhansDisclosure: My office represents the Drummer Cove Neighborhood Association. The Association is opposing the development of a three unit condominium in Wellfleet with one one bedroom "affordable" unit in an area of Drummer Cove. The proposed structure would be within 41 feet of the coastal bank.
Last week, in an article in the Cape Cod Times, the reporter described the standard of review applicable to the local Zoning Board of Appeals. The article also characterized the issue as a "feud". The following letter was sent to the editor in an attempt to clarify certain important points. Because of it's length, it may or may not be published by the paper. Although I do not usually use this forum to comment on specific ongoing cases; I feel that this is an important issue for homeowners and communities confronting similar issues.
To The Editor:
I represent the Drummer Cove Neighborhood Association regarding the 40B project proposed by Edward and Dorothy Zelinsky.
This matter is about much more that a "neighborhood feud". Further, the ZBA standard of review is not nearly as onerous as that portrayed by Mr. Fraser in his article of April 18th.
According to the regulations, in the event that the ZBA denies a 40B application, and that denial is appealed to the Housing Appeals Committee, the ZBA must establish that, "In the case of a denial, the Board shall have the burden of proving first, that there is a valid health, safety, environmental, design, open space or other Local Concern which supports such denial, and then, that such Local Concern outweighs the Housing Need."
The proposed project, a mere 41 feet from the Coastal bank, will provide Wellfleet with only one affordable unit out of three, a one bedroom condominium. This one unit will not keep a young family with children in our community nor will it make a dent in Wellfleets affordable housing stock ( the town does have a number of other 40B projects in the works). However, according to the regulations, the ZBA is able to balance the benefits of this one unit against the well established Wellfleet "Local Concern" for preservation of open space, conservancy, and the protection of all that makes this community wonderful and unique.
Whether or not this project is retaliation by the Zelinskys against the ZBA for prior rulings, the town or their neighbors is not the issue. The goal of 40B is to be applauded and Wellfleet has and is making strides in providing affordable housing. However, the statute does not say that you can site a 40B unit anywhere and ignore the impact upon the community and it's history of environmental protection.
Bruce Bierhans