Approved ZBA meeting mins
Approved
Wellfleet Zoning Board of Appeals
February 13, 2020, 7:00 pm
Council on Aging
Attendees: Sharon Inger, Reatha Ciotti, Manny Heyliger, Mick Lynch, Trevor Pontbriand, Wil Sullivan, and Jan Morrissey
Regrets: Bruce Drucker
7:05 pm
17-33 Amendment: Thompson / Romano, 5 Holbrook Ave, Map 21, Parcel 105: Amendment to previously approved Special Permit. Replace first floor deck with a first-floor enclosed pervious deck Cont’d). The Board consisted of Sharon Inger, Manny Heyliger, Jan Morrissey, replacing Bruce Drucker, Mick Lynch, and Trevor Pontbriand. Reatha Ciotti and Wil Sullivan were also in attendance.
Attorney Ben Zehnder represented the applicant and reviewed the concerns of the first meeting. He stated a new sketch plan was provided and he described the materials to be used for the railings. David Rowell from the audience stated this should not be approved and feels the dwelling was not built to the plans which was approved in the original application. He stated the footings of the deck are not safe. Sharon Inger explained that the hearing was to discuss the decking. Alfred Pickard, abutter, stated the windows have been taken out from the deck area, but questioned if the windows were ever approved, and if not, what will stop him from adding them again. He stated the railings are different than what was approved and feels they are getting more from the new railing design than what was approved. Mick Lynch stated there was a specific condition that stated the dwelling must be built exactly as approved and the property owner went ahead and added materials. Jan Morrissey stated the applicant provided the materials and drawings as requested at the previous meeting. Attorney Zehnder stated at the last meeting he understood what the Board wanted. Mr. Pickard stated he and his family felt strongly about the different design.
Attorney Zehnder reviewed the activities that have been done and what the end result is with the request. He stated this comes down to design and a condition could be put on for a deed restriction.
Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.
The property comprises approximately 12,281 square feet of land (5,424 square feet of buildable upland) and 56 linear feet of frontage on Holbrook Avenue and is located in the Central zoning district.
The lot is nonconforming as to lot area, where 20,000 square feet is required and as to street frontage, where 125 feet is required.
The applicant proposes to amend Special Permit 17-33 to modify an approved first floor deck to install solid three- foot- high railings in lieu of the open fir railing system originally approved.
The proposed alteration will maintain the same setbacks.
The windows in the first-floor deck are to be removed prior to issuance of a Certificate of Occupancy, and there are to be no windows, no screens (permanent or retractable), no additional doors, and no plastic sheeting installed in the first-floor deck.
There were three appearances against the amendment and one appearance in support of the amendment.
There are no identifiable adverse effects on the Town and vicinity associated with the proposal.
The proposal will not be substantially more detrimental to the neighborhood than the existing nonconforming structure, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the Special Permit Granting Objectives as set forth in Section 8.4.2 of the Wellfleet Zoning Bylaws.
Jan Morrissey moved the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. Based on the Findings of Fact; Trevor Pontbriand moved to grant the amendment; seconded by Jan Morrissey; passed 5-0.
7:00 pm
20-01 Cape Cod Cannabis Wellfleet NV, LLC, 1446 State Highway, Route 6, Map 30, Parcel 6, Application for a Special Permit under 5.2 and 5.3.2 for retail use in commercial district and WZB 6.3.13 for the approval of development of significant impact. The Board consisted of Sharon Inger, Manny Heyliger, Reatha Ciotti, Jan Morrissey and Wil Sullivan. Chair Inger explained that the Board had received an incomplete abutter list and therefore, a new notification was sent out to include all abutters with the new hearing date of March 12, 2020. Sharon Inger moved to continue to March 12, 2020, seconded by Manny Heyliger, passed 5-0.
.Meeting Minutes: Mick Lynch moved to approve the January 9, 2020 amended meeting minutes; seconded by Manny Heyliger, passed 7-0.
Business
Chair Inger requested the Thursday, April 9 meeting be moved to Thursday, April 16 in order for people to attend religious services. Mick Lynch moved to approve moving the April 9, 2020 meeting to Thursday, April 16, 2020; seconded by Manny Heyliger; 7-0.
Mick Lynch moved to adjourn at 7:45; seconded by Jan Morrissey; passed 7-0.
Public Records material as of February 13, 2020:
SP 17-33 Amendment: revised sketch plan of dwelling
SP 20-01 Zoning Board of Appeals Special Permit Application including:
Overall description of proposed operation, Executive Summary of Traffic Impact Study,
Parking Narrative, Security Plan, Host Community Agreement, Site Plan, Floor Plans, Elevation Plans, Letters of support from owner of The Blue Willow Find Foods and Bakery, Seaside Liquors, Letter from Planning Board awaiting revised plan(s), and letter from Jay Norton of the DPW denying a curb cut onto LeCount Hollow Road
Respectfully submitted,
Christine Bates, Committee Secretary