Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
January 14, 2021 7:00 pm
Remote Meeting
Attendees: Sharon Inger, Mick Lynch Reatha Ciotti, Trevor Pontbriand, Manny Heyliger, Wil Sullivan, Andrew Freeman, and Jan Morrissey
Chair Inger called the meeting to order at 7:00 pm.
7:00 pm
21-03 Jan-Renee Shields Trustee, (Jan-Renee Harding), 25 Harding Lane, Map 15, Parcel 44: Application for a Special Permit under WZB 6.21 for an Affordable Accessory Dwelling Unit.
The Board consisted of Mick Lynch, Manny Heyliger, Trevor Pontbriand, Wil Sullivan and Sharon Inger. Also in attendance was Reatha Ciotti, Andrew Freeman and Jan Morrissey. Ms. Shields stated she and her sister came before the Board for an apartment but did not want it be an AADU at that time so the application was withdrawn. She stated the original Building Permit allowed for a porch to be constructed but it will not happen for a while. The house needs a final approval for electrical and plumbing from the Building Inspector. Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger. VOTE: Wil Sullivan aye; Manny Heyliger aye; Mick Lynch aye; Trevor Pontbriand aye; and Sharon Inger aye. 5-0.
This is an application for an Affordable Accessory Dwelling Unit under WZB 6.21.
The applicant proposes to convert an existing unfinished, two-story, one-bedroom unit into an AADU.
The property is located in the R1 district.
The livable floor area of the proposed Affordable Accessory Dwelling Unit is approximately 1,056 square feet.
The Board has made inspection of the subject lot.
There were no appearances for or against the application.
Pursuant to WZBL 8.4.2 the Board finds that nearby land uses will not be damaged by the proposed AADU; that the roads, drainage and other public services are adequate in relation to the location of the proposed AADU, that the proposed AADU will contribute to the diversity of affordable housing opportunities locally; that there are no seasonal consequences to the proposal; that scenic views from public ways and developed properties have been considerately treated; that the visibility of parking is minimized; and that no traditional public access to or along the shoreline has been affected.
After considering the District Objectives for the zoning district as provided for in WZBL 3.2, the purpose of WZBL 6.21 “of promoting the development of affordable rental housing in Wellfleet for year-round residents” and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Mick Lynch moved the Findings of Fact; seconded by Manny Heyliger. VOTE: Trevor Pontbriand aye; Manny Heyliger aye; Mick Lynch aye; Wil Sullivan and Sharon Inger aye. Vote 5-0.
Mick Lynch moved to grant the Special Permit based on the Findings of Fact and subject to the following conditions; seconded by Manny Heyliger.
VOTE: Wil Sullivan aye; Manny Heyliger aye; Trevor Pontbriand aye, Mick Lynch aye and Sharon Inger. 5-0
STANDARD CONDITIONS FOR AFFORDABLE ACCESSORY DWELLING UNITS
IN ACCORDANCE WITH SECTION 6.21 OF THE WELLFLEET ZONING BY-LAW
1. The special permit conditions that follow shall be deemed an affordable housing deed restriction in a form satisfactory to the Zoning Board of Appeals in accordance with Section 6.21.2 of the Wellfleet Zoning Bylaw. Failure to comply with any of these provisions shall be considered a violation of special permit requirements and may be subject to fines established in Section 8.3 of the Zoning Bylaw and/or to enforcement requiring removal of the unit.
2. All occupants of the affordable accessory dwelling unit described herein shall upon initial application and annually thereafter on the first of September submit to the Town or its agent documentation to confirm their eligibility for the dwelling unit. All dwelling units must be rented to those meeting established guidelines for low- or moderate-income families. For the purpose of this section of the Bylaw low-income families shall have an income less than 80% of the Town of Wellfleet median family income, and moderate-income families shall have an income between 80% and 120% of the Town of Wellfleet median family income, as determined by the United States Department of Housing and Urban Development (HUD) published Income Guidelines, as may from time to time be amended.
3. Maximum rents for the affordable accessory dwelling unit described herein shall be established in accordance with HUD published Fair Market Rental Guidelines. Property owners are required to submit to the Town or its agent information on the rent to be charged. Each year thereafter on the first of September they shall submit information on annual rents charged to the Town or its agent on forms provided for this purpose. Rents may be adjusted annually in accordance with amendments to the HUD Fair Market Rental Guidelines.
4. The property owner named herein shall complete and submit to the Building Inspector an application for a Building Permit to allow a change in use.
5. The septic system is required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
6. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes.
7. The property owner named herein shall obtain a Certificate of Occupancy from the Building Inspector prior to the affordable accessory dwelling unit being occupied.
8. The affordable accessory dwelling unit shall not be separated by ownership from the principal dwelling unit or principal structure.
9. The lot containing an affordable accessory dwelling unit shall be subject to a recorded restriction that shall restrict the lot owner’s ability to convey interest in the affordable accessory dwelling unit, except leasehold estates, for the term of the restriction.
21-01 Jeffrey Stefani, 640 Chequessett Neck Road, Map 19, Parcel 80, Application for a Special Permit pursuant to M.G.L. c, 40A, s. 9 and Bylaws 6.1.5.1(b), s 6.1.5.2, and s. 8.4.2 to alter a pre-existing, nonconforming single family dwelling on a pre-existing, non-conforming lot in the R1 zoning district by constructing additions on the north and west sides of the dwelling. The Board consisted of Mick Lynch, Manny Heyliger, Wil Sullivan, Trevor Pontbriand and Jan Morrissey. Also so in attendance was Reatha Ciotti, Sharon Inger and Andrew Freeman. Attorney Ben Zehnder represented the applicant and stated it is part of The Colony and the proposed design will maintain the structural integrity. It is non-conforming on the west side and closer to the setback. Sibel Asantugrul, Architect, stated they chose the location for the addition in keeping with the architecture of the design. The owners wanted to maintain a garden which is located down a slope. They tried to make the addition as small as possible. There was discussion regarding the intrusion into the setback and the location of the neighboring cottage. She stated the other properties are under the same ownership. Attorney Zehnder stated the wall is part of the existing structure, and that if the proposed addition were moved, it would change the visual aspect of the dwelling. He stated the use is not changing, the owners want to live here year round, and he did not feel this would be substantially more detrimental to the neighborhood. This project went to the Planning Board and they received an endorsement for adding additional footage to the property but there is no paperwork yet from Land Court to confirm this. There was discussion regarding changing the property line to offset the proposed setback but it was determined that it would not change the visual relationship to the other cottages. Jan Morrissey pointed out that bylaw 6.1.5.2 would not be the correct bylaw to file under. Sibel Asantugrul stated the history of The Colony continues and the cottages are rented during the summer. Attorney Zehnder stated he cannot make a statement if the cottages will be sold in the future, but every one of the structures will be subject to review with the Historical Commission. Further discussion took place about the setbacks, the design, and the size of the property. Mick Lynch requested a poll be taken of the Board if they are in favor of this project: Manny Heyliger yes, Trevor Pontbriand yes, Wil Sullivan yes, Jan Morrissey yes, Mick Lynch yes.
Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger. VOTE: Manny Heyliger yes, Trevor Pontbriand yes, Wil Sullivan yes, Jan Morrissey yes, and Mick Lynch yes.
This is an application for a special permit to allow for a two story, 1,296 square foot addition (hereafter referred to as “the addition”) to the west side of the applicant’s pre-existing, nonconforming, single family, one-floor dwelling.
There is a single family dwelling, a freestanding shed and a freestanding greenhouse on the property.
The dwelling is entitled to treatment as a lawfully pre-exiting, nonconforming structure, having been built in 1954 according to the Assessor’s Office, before zoning was adopted by Wellfleet.
The dwelling is pre-existing nonconforming as to minimum front yard setback distance (0.8 feet existing at closest point to Chequessett Neck Road property line where 30 feet is required); and as to minimum side yard (west) setback distance (8.6 feet at closest point where 25 feet is required.
The dwelling is built on a lawfully pre-existing, non-conforming lot in the Residential 1 (R1) zoning district.
The original 8,276 square foot lot was created in 1952 and will be combined with an adjoining lot, (new Lot 86 to be combined with current Lot 17 on Land Court Plan 10669-Y). The combined lot (17,942 square feet where 30,000 square feet is required) will be less nonconforming than the original lot and will provide greater distance for side and rear setbacks along the westerly, northerly and easterly property lines.
The applicable provisions for this application under the Town of Wellfleet Zoning Bylaws (WZBL) are sections 5.4.1 Minimum Lot Requirements (30,000 square feet in R1 District); 5.4.2 Minimum Yard Requirements (side setback 25 feet in R1 District); 6.1.5.1(b) alteration of a non-conforming single family dwelling which increases the non-conformity; and 8.4.2 special permit granting criteria.
The proposed addition will maintain the nonconforming front setback and will decrease the westerly setback from 8.6 feet to 0.3 feet.
There will be a volumetric increase.
The proposed addition will increase the dwelling height from 13.3 feet to 25.7 feet.
The proposed addition will increase the lot coverage from 7.8 percent to 15 percent.
The proposed addition will increase the square footage of the dwelling from 1,185 square feet to 2,481 square feet.
There will be no change in use.
There will be no increase in use.
The use conforms with the objectives of the R1 district as stated in WZBL 3.2.
There were no appearances or correspondence in support of the application.
There were no appearances or correspondence in opposition to the application.
There were no objections from abutters.
Section 6.1.5.1(b): The Board finds that the alteration is not substantially more detrimental to the neighborhood than the existing non-conforming structure.
Section 8.4.2.1:
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.
The Board finds that the roads, drainage and other public utilities would not be affected by the addition.
The Board finds that the addition will not contribute to environmental damage.
Section 8.4.2.2:
The Board finds that the proposed alteration will not affect diversity of services or housing opportunities or have seasonal consequences, and that the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Section 8.4.2.3:
The Board finds that construction of the addition will not adversely affect scenic views from public ways or neighboring properties.
The proposed gravel driveway to replace the existing parking along a paved shoulder will increase safety on Chequessett Neck Road, and the new driveway will be less visible than the existing parking shoulder.
The Board finds there is no traditional public access to or along the shoreline at locus.
The applicant has agreed that the following condition will attach to any approval that may be given by the Wellfleet Zoning Board of Appeals: That the re-division of land has been approved by Land Court prior to the issuance of a building permit.
Wil Sullivan moved the Findings of Fact; Trevor Pontbriand seconded. [JM1] Trevor Pontbriand moved to grant the Special Permit with the following condition: The combination of the lots have to be approved by Land Court before issuance of the Building Permit; seconded by Jan Morrissey. VOTE: Jan Morrissey aye; Wil Sullivan aye; Trevor Pontbriand aye; Mick Lynch aye; Manny Heyliger aye. 5-0
8:18 pm
21-02 Jeremy Young, 140 Commercial Street, Map 21, Parcel 86, Application for a Special Permit to construct a contractors shop/garage in the site of a demolished building that held Inn / B & B rooms under WZB 5.3.1 and 6.23. Board: The Board consisted of Wil Sullivan, Trevor Pontbriand, Manny Heyliger, Mick Lynch and Sharon Inger. Also in attendance was Reatha Ciotti, Jan Morrissey and Andrew Freeman. Jeremy Young gave an overview of the project, stating the access to the property will be from Commercial Street only. He has no future plans on the use of the garage. There was discussion regarding the number of uses on the property and Holden Inn is a grandfathered use. The site plan identified four 10’ x 12’ sheds which are very close together and questioned their location to the property line. Mr. Young stated there will be three feet between the sheds and he plans to use them for personal use. Mr. Young was unable to provide the exact square footage of his habitable space but stated the lot coverage would be 11.7% which includes the current garage on the property. Peter Kane, contractor, stated the property is in two different districts (Central District and R1). Paul Fowler, Building Inspector, stated the garage would be used for a Service Trade Home Business [JM2] and allowed. He stated concurrent uses in the Central District. Jeremy Young stated he has been using this property for 20 years for his business. The Board advised him the proposed garage cannot exceed 30% of his habitable space. After further discussion, the Board requested Mr. Young to provide the square footage of his dwelling, square footage of the proposed garage, how many vehicles will be used on the property with the number of axles, and how many employees would be entering the property. Trevor Pontbriand moved to continue to February. 11, 2021; seconded by Mick Lynch. VOTE: Manny Heyliger aye; Mick Lynch aye; Wil Sullivan aye; Trevor Pontbriand aye and Sharon Inger aye. 5-0.
8:50 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 Jan Morrissey. Also in attendance was Reatha Ciotti, Andrew Freeman and Manny Heyliger. Attorney Kevin Kirrane represented the applicant(s) and referenced Town Counsel’s opinion and reviewed the project. He stated the original dwelling encroached into Meadow Avenue and the proposed structure will meet all setbacks and will have 12% lot coverage. The Wellfleet Conservation Commission approved the project, there is no increase in bedroom count, and will have an upgraded denitrification septic system. Kimberly Bielan stated they submitted a timeline of all the efforts taken after the fire by the owner. Attorney Kampas, representing Mr. Thaler, an abutter, stated she disagrees with Town Counsel. She stated there is no existing non-conforming structure on the site. She reiterated that no construction has taken place within the two years of the fire and Bylaw 6.1.2 states there is no allowance for building outside of the two years. She stated this is a substantial detriment to the neighborhood due to the water issues, the enlargement of the structure, and significant increase in use of the property. The easement needs an agreement between the abutter and applicant but is not in the jurisdiction of the ZBA. Mr. Thaler stated this design is different than what was originally proposed. He emphasized the salty water issue and the use of the property as well as the amount of water to be used for revegetating. Mr. Bliss, contractor, stated the quality of the water is a Board of Health issue and not Zoning’s issue. He also stated this project is not the largest dwelling in the area. The Board discussed bylaw 6.1.2, questioned if this project is substantially more detrimental to the neighborhood, the fact that there has not been a structure on the property for over 4 years and then reviewed Town Counsel’s opinion. There is no proof of the two properties being combined. Attorney Bielan stated the property is in common ownership and paperwork could be taken to the Registry of Deeds. Attorney Kirrane reviewed the bylaws and stated he felt strongly that new construction is allowed. Don Bliss stated there are conditions from the Conservation Commission that no well water will be used for revegetating. Mr. Thaler stated a favorable vote for this project will set a precedence for the town. A poll of the Board was taken if they would vote in favor of this project: Trevor Pontbriand no; Mick Lynch no; Wil Sullivan no; Jan Morrissey yes; and Sharon Inger yes. Attorney Kirrane stated the applicants did act in good faith immediately after the fire which was documented.
Jan Morrissey made a motion for Findings of Fact seconded by Wil Sullivan. VOTE: Mick Lynch aye; Trevor Pontbriand aye; Wil Sullivan aye; Jan Morrissey aye and Sharon Inger aye.
This is an application under WZBL 6.1.5.1(b) to reconstruct a single-family home on a nonconforming lot. The lot had been previously developed with a single-family home which was
destroyed by fire in June 2016.
The applicant owns a parcel of land upon which had existed a 554 square foot cottage which cottage was totally destroyed by fire in June of 2016. The applicant now proposes to construct on the parcel a two-story dwelling containing 2520 square feet.
1. The lot is in the R1 District. The lot is pre-existing non-conforming.
2. The existing non-conformities are inadequate lot area (15,226 sq feet where 30,000 square
feet is required), inadequate frontage (106.3 feet where 135 feet are required. )
3. The prior structure was non-conforming in lot size, frontage, and setbacks. From the site plan
presented, it appears that the prior structure protruded into Meadow Avenue, but precise
measurement of setbacks was not indicated.
4. The proposed structure will conform to front, rear, and side setbacks.
5. There were two appearances in opposition to the application.
6. The project has received Conservation Commission approval.
7. The Board has considered the application under sections 6.1.2, 6.1.3, 6.1.4 and 6.1.5. (b) of the
Wellfleet Zoning Bylaws.
8. Under 6.1.2 in the case of fire, a legally non-conforming structure may be rebuilt in
substantially the form it had at the time of destruction if reconstruction is started within 12
months and completed within 24 months of the catastrophe. Construction of a replacement
structure was neither commenced nor completed within the required time frames set forth
above. In addition, the applicant is not proposing to rebuild in “substantially the form it has
at the time of destruction. Thus 6.1.2 does not apply.
9. Wellfleet Zoning Bylaws 6.1.3 and 6.1.4 pertain to uses. They do not apply to this case.
10. Wellfleet Zoning Bylaw 6.1.5 (b) applies to the alteration of existing structures. While such
alterations can include reconstruction, there has been no structure on this property for four
and a half years. 6.1.5 (b) does not apply since that bylaw allows the Board to issue a special
permit “after determining that the alteration is not substantially more detrimental to the neighborhood than the existing nonconforming structure”.
11. Therefore, the Board finds that it has no jurisdiction to issue a special permit and the application for the same is hereby denied.
Wil Sullivan moved the Findings of Fact; seconded by Mick Lynch. VOTE: Wil Sullivan aye; Jan Morrissey no; Trevor Pontbriand aye; Mick Lynch aye, and Sharon Inger aye. 4-1.
Wil Sullivan moved to deny the Special Permit; seconded by Mick Lynch. VOTE: Wil Sullivan deny; Trevor Pontbriand deny; Mick Lynch deny; Jan Morrissey grant; and Sharon Inger grant. 3-2 to deny the Special Permit
7:17 pm
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) The Board consisted of Wil Sullivan, Reatha Ciotti, Janet Morrissey, Trevor Pontbriand and Andy Freeman. Attorney Ben Zehnder, representing the applicant, requested the application be withdrawn without prejudice. Trevor Pontbriand moved to allow the application be withdrawn without prejudice; seconded by Trevor Pontbriand. [JM3] VOTE: Reatha Ciotti aye; Trevor Pontbriand; Janet Morrissey aye; Andy Freeman aye; and Wil Sullivan aye.
Wil Sullivan moved to approve the amended December 10, 2020 meeting minutes; seconded by Jan Morrissey. VOTE: Wil Sullivan aye; Trevor Pontbriand aye; Manny Heyliger aye; Mick Lynch aye; Reatha Ciotti aye; Andy Freeman aye Jan Morrissey aye; and Sharon Inger aye.
8-0
Business: Chair Inger explained to the Board that there has been an increase in the number of applications and asked if they would be willing to have 2 meetings a month. Everyone was in agreement and 2 meetings will be scheduled for March 2021.
Mick Lynch moved for adjournment at 10:10 pm; seconded by Manny Heyliger. VOTE: Wil Sullivan aye; Trevor Pontbriand aye; Manny Heyliger aye; Mick Lynch aye; Reatha Ciotti aye; Andy Freeman aye; Jan Morrissey aye; and Sharon Inger aye. 8-0
Christine Bates
Documents:
Shields: ZBA application and back up material
Stefani: ZBA application and back up material
Young: ZBA application and back up material
Mandell Family: KP Law letter of January 13, 2021, Richard Stevens letter of January 5, 2021, Moriarty Troyer & Malloy LLC letter of January 5, 2021
Starboard Tack Holdings: no additional paperwork