Approved ZBA meeting minutes

Meeting date:

Thursday, December 10, 2020

Approved

Wellfleet Zoning Board of Appeals

December 10, 2020, 7:00 pm

Remote Meeting

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

Regrets: Manny Heyliger

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

7:00 pm

20-17 The Mandell Family Realty Trust (C. Stevens Mandell and Gal J. Lamirande, Trustees and C. Stevens Mandell, Lauren B. Lush, Bonnie J. Sambor, Marion L. Fontaine and Dorothy G. Hebert, 41 – 43 9th Street, Map 40, Parcels 154 and 155: Application for a Special Permit to reconstruct a single family dwelling on a non-conforming lot. Lot had been previously developed with a single-family residence which was destroyed by a fire several years ago. Proposed dwelling will conform to current setback criteria. (Cont’d) The Board consisted of Sharon Inger, Trevor Pontbriand, Wil Sullivan, Mick Lynch and Janet Morrissey. Attorney Kevin Kirrane represented the applicant and stated the property is currently under contract. He gave an overview of the property’s history, stating the original dwelling was burned down. The project has been approved by the Conservation Commission as well as the Board of Health. The original house was nonconforming and the proposed dwelling will be within the setbacks, meet height requirements and be within the lot coverage requirements. There will be a new septic system, mitigation plantings, and protection for the resource areas. There have[SI1] always been issues with water quality and they do not believe the replacement of this dwelling will cause any substantial detriment. Ms. Kampas, Attorney for abutter Mr. Thaler, raised 3 concerns: a legal issue as she feels this should be a variance request because the house burned down four years ago and the lot has been vacant all that time. Ground water has high salinity and feels this new dwelling would be impact the water quality to neighbors. This is a major intensification in house size for this site and feels it will result in more usage. Third concern is title issues in that the site plan shows an easement and they must obtain an agreement from Mr. Thaler or get permission from the court. Mr. Thaler stated he and another abutter had their water tester and the owners of this property have not. Attorney Kirrane stated this is not a “McMansion”, the total square footage will be 2500 square feet. He stated the easement does not contain dimensions other than to say it is a path on the site and doesn’t feel it is appropriate for zoning determination. He stated there was no attempt to abandon this lot. Ms. Fontaine, owner, stated they attempted to rebuild but then decided to sell the lot and that there is currently a shed on the property.

The Board express[SI2] ed concerns with bylaw 6.1.2 in that rebuilding from a fire must start within one year with completion at 2 years. The application did not specify which bylaw they were filing under. Attorney Kirrane stated the right of way has been used for more than 15 years by Mr. Thaler. Ms. Bernadine stated the two lots were combined and they received approval from the Planning Board. She gave an overview of their efforts to obtain building plans and then contacting realtors. Don Bliss, project engineer, stated he spoke with Justin Post, then Building Inspector, who advised him to come to the ZBA. They are building a conforming structure on a non-conforming lot which is better than what was there originally. Sharon Inger stated there are many unbuildable lots in Wellfleet and this Board does not have the authority to twist the bylaws. Wil Sullivan stated he feels the lot has lost its nonconforming status. Sharon stated she has discussed the application with Town Council and will request guidance in writing. The Board requested proof of joining the lots and copies of approvals from Board of Health and Conservation Commission. Mr. Kirrane asked for a continuation to January 14, 2021. Wil Sullivan moved to continue to January 14, 2021; seconded by Mick Lynch. VOTE: Trevor Pontbriand aye; Wil Sullivan aye; Mick Lynch aye; Janet Morrissey aye; and Sharon Inger aye. 5-0

7:55 pm

20-19 Grannis, 3075 Baker Ave., Map 20, Parcel 61: Application for a Special Permit under WZB 6.1.5.4(b) to construct 2nd story living area within same footprint on a non-conforming lot. The Board consisted of Trevor Pontbriand, Mick Lynch, Wil Sullivan, Reatha Ciotti and Sharon Inger. Dan Morse gave an overview of the project, which will be to modify the second floor. All work will be on the same footprint and has received Board of Health approval. The lot is 9,600 sq. ft. The third bedroom was permitted by the Board of Health. A letter from abutter Mr. Bliss was read into the record. The setbacks were identified. Trevor Pontbriand moved for Findings of Fact; seconded by Wil Sullivan VOTE: Trevor Pontbriand, aye; Mick Lynch aye, Wil Sullivan aye, Reatha Ciotti aye, and Sharon Inger aye 5-0.

The application is for a Special Permit to allow for an addition to the property, a full second floor over the existing first floor which is hereinafter referred to as “the addition”. Without a special permit the addition would not be allowed due to the fact that it would result in an enlargement of the building currently within the non-conforming pre-existing setback. The existing non-conformities are front setback 12.8’ where 30’ is required) and lot size (9.583 square feet where 30,000 square feet is required. The addition would be constructed on the existing footprint of the structure and would increase the square footage of the structure and the volume.

The lot is in The R1 district.

There was one letter in support of the application; there were no letters or appearances opposed to the application.

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.

Section 8.4.2.1:

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

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

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

5. Section 8.4.2.2:

Not applicable

6. 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.

7. Therefore, the Board finds that the addition will not be substantially more detrimental to the town than the existing non-conforming structure.

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

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

Mick Lynch announced that he is resigning from the Board and will stay until a replacement is made.

8:10:

20-07 Starboard Tack Holdings, Inc. (Myya Beck-Baum and Thor Baum), 30 Ryder Court, Map 14, Parcel 19: Application for a Special Permit pursuant to M.G.L. c. 40A, s.6 and WZB 5.3.2, 6.1 and 8.4.2 to alter a pre-existing, non-conforming property in the Commercial zoning district by demolishing the existing two story residential use building and constructing a two story mixed use building with commercial uses on the basement and first floor levels, and two residential apartments on the second floor. (Cont’d) Mick Lynch recused himself from this hearing. The Board consisted of Trevor Pontbriand, Wil Sullivan, Jan Morrissey, Reatha Ciotti, and Andy Freeman. Sharon Inger chaired the hearing. She stated she had a discussion with Town Council and requested a list of her concerns.

Attorney Ben Zehnder, representing the applicant, stated he would like time to review concerns and requested Chair Inger have the opinions of Attorney Murray written up. He stated the additions to the garage were removed and feels the proposed uses are good for the District.

The Board stated there are a lot of uses proposed, concern with how it will affect neighbors, is this doable in this district, the creation of new non-conformities, parking issues, and the lot coverage is too much. Sharon Inger opened up the hearing for the audience. Denny O’Connell stated he is not happy with the reliance of using public parking as there already are parking problems in town, particularly the high season. Although we want the expansion of business, we have a shortage of parking spaces already. Attorney Zehnder stated the use is most similar to a personal service use. Under the bylaw, parking requirements for uses not specifically listed in the bylaw are set by the ZBA and we can determine the appropriate number of required parking spaces. He reiterated there are many businesses that don’t have off street parking and people could park at the public parking lots. A traffic study could be done but the Board is better able to evaluate the traffic. The current plan is for the apartments to have 5 spaces with a handicapped space and parking for employees. Jan Morrissey stated that parking for businesses on Main Street are regulated under the Main Street Overlay District and Wil Sullivan stated bylaw 6.3 states off street parking must/ shall be provided with minimum standards. Bylaw 6.3.7 is for non-residential uses and at least one parking spot for each employee and 1 space for every 150 sq. ft. floor area is required. Attorney Zehnder stated this is not a non-residential area and they are not the same. Attorney Reid stated he believes there should be 19 spaces with a total of 23 spaces required with the apartments. Bradford Williams [SI3] gave an example of a decision 2 years ago (Sick Days) that the owner had to provide ample parking spaces. Wil Sullivan stated the lot is undersized, the road is narrow, this site is a poor location for all the proposed uses, and the benefit has to be greater to the neighborhood and not more detrimental. In 1983 a Special Permit was issued to allow three apartments on the property and the current proposal(s) will not meet our bylaws.

Although several letters and e-mails were sent regarding this application, the Board elected not to read them at this point in time and wait for written correspondence from Town Council, which will be shared with Attorney Zehnder and Attorney Reid. Attorney Zehnder requested a continuation to January 14, 2021. Trevor Pontbriand moved to continue to January 14, 2021; seconded by Andy Freeman. VOTE: Wil Sullivan aye; Janet Morrissey aye; Reatha Ciotti aye; Andy Freeman aye and Trevor Pontbriand aye.

Jan Morrissey moved to approve the amended November 12, 2020 meeting minutes; seconded by Wil Sullivan. VOTE: Jan Morrissey aye; Reatha Ciotti aye; Andy Freeman aye; Wil Sullivan aye, Sharon Inger, and Trevor Pontbriand aye. 6-0.

Wil Sullivan moved to adjourn at 9:10 pm; seconded by Andy Freeman. VOTE: Jan Morrissey aye; Reatha Ciotti aye; Andy Freeman aye; Wil Sullivan aye, Sharon Inger and Trevor Pontbriand aye. 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Manndell: Special Permit application, site plans, building plans. Letters from Attorney Kirrane and Attorney Kampas.

Grannis: Special Permit application, site plans and building plans

Starboard Tack Holdings: revised site plan and narrative, letter from Attorney David Reid, and several e-mails from abutters and concerned citizens but not read into the record at this hearing

[SI1]have

[SI2]expressed

[SI3]Williams