Approved May 27, 2021 Mtg Mins

Meeting date:

Thursday, May 27, 2021

Approved

Wellfleet Zoning Board of Appeals

May 27, 2021 7:00 pm

Remote Meeting

Attendees: Sharon Inger, Mick Lynch, Manny Heyliger, Wil Sullivan, Trevor Pontbriand, Reatha Ciotti, Andrew Freeman, Al Mueller, and Jan Morrissey

Chair Inger called the meeting to order at 7:00 pm.

7:00 pm

21-16 Barnes, 35 3rd Avenue[MOU1] , Map 40, Parel 72, Application for a Special Permit under WZB 6.1.5(b) to replace existing one-story single family house with a two-story three-bedroom house to be located 25 feet from the north property line and 15 feet from the East property line. The Board consisted of Sharon Inger, Mick Lynch, Manny Heyliger, Treavor Pontbriand, and Wil Sullivan. Mr. and Mrs. Barnes gave an overview of the project. The cottage was built in 1959, and the foundation is in distress at this point in time, and they would like to rebuild. The bedrooms will be on the first floor and all other living areas on the second floor. One side of the house will be more conforming and the other side will be 15 feet from the easterly lot line. Lot coverage is 6.8% and the new lot coverage will be 6.9%. The house will be approximately 2,100 square feet. The height will be 28’. The Board stated they did not have any issues with the project. Jan Morrissey pointed out that the setback will be 23’ due to the cantilevered decking. Trevor Pontbriand stated he is happy they are moving the setbacks away from the property lines. The Building Inspector will ensure the height of the dwelling is within the bylaws. One letter of support from Mark and Christine Washburn was read into the record. Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand. VOTE: Mick Lynch aye, Manny Heyliger aye, Wil Sullivan aye, Trevor Pontbriand aye, and Sharon Inger aye. 5-0.

1. The application is for a Special Permit to replace the existing one- story single family house with a two-story three-bedroom house, the proposed new house is herein after referred to as “replace structure.” The existing house, built in 1959 prior to the adoption of the Wellfleet Zoning Bylaws, is situated 11.1 feet from the northerly lot line [MOU2] and 14.7 feet from the rear[MOU3] lot line.

2. Presently the use is a pre-existing nonconforming use in that the bylaws now require a rear[MOU4] setback of 30' and a sideline setback of 25'.

3. Without a special permit the replace structure would not be allowed due to the fact that it would result in a volumetric increase/square foot increase within the existing setbacks.

4. The replace structure would not physically encroach further into the existing setbacks and would in fact reduce the current setback non-conformities as the northerly[MOU5] setback would be increased from 11.1' to 23' and the rear[MOU6] setback would be increased from 14.7' to 15'.

5. The square footage of the existing house is 891 and the square footage of the replace structure is 2100.

6. The applicable provisions for this application under the town of Wellfleet zoning bylaws are Section 6.1.5.1 b and Section 8.4.2.

7. Section 8.4.2.1:

A. The Board finds that the replace structure is suitable in that it is compatible with nearby land uses which would not be damaged by the additions.

B. The Board finds that the roads, drainage, and other public utilities would not be affected by the replace structure.

C. The Board finds that the additions will not contribute to environmental damage.

8. Section 8.4.2.2:

Not applicable

9. Section 8.4.2.3: The Board finds that the building and site design will not adversely affect scenic views from public ways or neighboring properties.

Mick Lynch moved to approve the Findings of Fact; seconded by Trevor Pontbriand. VOTE: Mick Lynch aye, Manny Heyliger aye, Wil Sullivan aye, Trevor Pontbriand aye, and Sharon Inger aye. 5-0.

Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Trevor Pontbriand. VOTE: Mick Lynch aye, Manny Heyliger aye, Wil Sullivan aye, Trevor Pontbriand aye, and Sharon Inger aye. 5-0.

Mick Lynch moved to approve the April 22, 2021 amended meeting minutes seconded by Jan Morrissey. VOTE: Mick Lynch aye, Manny Heyliger aye, Wil Sullivan aye, Trevor Pontbriand aye, Al Mueller aye; Reatha Ciotti aye; Andrew Freeman aye; Jan Morrissey aye; and Sharon Inger aye. 9-0.

Chair Inger stated a letter from Town Counsel was received regarding Open Meeting Laws. At the moment, we are still having meetings on Zoom up to September 2021.

The Board will continue to have 2 meetings monthly and revisit the number of meetings based on the number of applications received.

Jan Morrissey moved to adjourn at 7:25 pm; seconded by Mick Lynch VOTE: Mick Lynch aye, Manny Heyliger aye, Wil Sullivan aye, Trevor Pontbriand aye, Al Mueller aye; Reatha Ciotti aye; Andrew Freeman aye; Jan Morrissey aye; and Sharon Inger aye. 9-0

Respectfully submitted,

Christine Bates, Committee Secretary

Documents: Barnes: Application for a Special Permit and back-up materials