Approved ZBA meeting minutes

Meeting date:

Thursday, March 11, 2021

Approved

Wellfleet Zoning Board of Appeals

March 11, 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

21-11 Gary DeRoche, 45 Day Road, Map 29, Parcel 88: Application for a Special Permit under WZB 5.4.2 to construct a 16’ x 30’ garage within the side setback. The Board consisted of Will Sullivan, Trevor Pontbriand, Mick Lynch, Manny Heyliger, and Sharon Inger. Also in attendance were Andrew Freeman, Reatha Ciotti, and Jan Morrissey. Holly Tarleton represented the applicant and stated this is the only location to locate the garage. The Board expressed concern with creating a non-conformity where none exists and where there is not enough frontage. The existing lot coverage is 7% and would be going to 11% with the garage. The properties in the area are very small lots, and there are very few garages. This proposal would change the nature of the neighborhood. After further discussion, Ms. Tarleton requested the application be withdrawn without prejudice. Mick Lynch moved to allow the application be withdrawn without prejudice; seconded by Trevor Pontbriand. VOTE: Trevor Pontbriand aye; Wil Sullivan aye; Mick Lynch aye; Manny Heyliger aye; and Sharon Inger aye. 5-0.

7:15 pm

21-12 Jay D. Rosenbaum, 100 2nd Avenue, Map 40, Parcel 136: Application for a Special Permit under WZB 6.1.5 and M.G.L. c. 40A, s. 6 to alter a pre-existing, nonconforming structure on a pre-existing, non-conforming lot by adding a second floor. The applicant also seeks a Floodplain Exemption pursuant to WZB 6.14 for the proposed construction. The Board consisted of Wil Sullivan, Trevor Pontbriand, Jan Morrissey, Mick Lynch and Manny Heyliger. Also in attendance were Andrew Freeman, Reatha Ciotti, and Sharon Inger. Attorney Ben Zehnder represented the applicant and described the location of the dwelling, which is by a coastal bank and 2.6 feet from 2nd Avenue. The foundation will remain the same. Approval was received from the Conservation Commission. Fill will be placed against the basement on the north side, and some regrading will be performed. Some decking will be removed. The property is within a flood plain. Attorney Zehnder stated the height of the roofline will be 28’ and explained the existing average grade. There was discussion regarding the basement, first story and second story and the appearance of a 3-story dwelling. Attorney Zehnder stated there is nothing prohibiting adding fill or removing fill. The south and east side of the house will be fully exposed. He stated the Board of Health will determine if the septic system is adequate. The amount of fill will be 425 sq. ft.

Mick Lynch moved for Findings of Fact; seconded by Jan Morrissey. VOTE: Will Sullivan aye; Trevor Pontbriand aye; Jan Morrissey aye; Mick Lynch aye; and Manny Heyliger aye.5-0

This is an application for a special permit under WZBL 6.15 and MGL c40A, s.6 to alter a pre-existing non-conforming structure on a pre-existing, non-conforming lot by adding a second floor. The applicant also seeks a Floodplain Exemption pursuant to WZB 6.14 for proposed construction.

The lot is in the R1 District.

The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2

The existing non-conformities regarding the structure are inadequate lot area (17,424 square feet where 30,000 is required) / intrusion into the front setback (2’6” where 30’ is required) and intrusion into the side setback ( 12’9” where 25’ is required. The structure is conforming in regard to lot coverage.

The applicant proposes adding a second-floor addition onto the existing one-story dwelling. The addition will be built on the existing footprint and there will be no expansion of the footprint.

There will be a volumetric increase.

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 either for or against the project.

The roads, drainage, and other public services are limited on Lieutenant Island but are adequate for this use.

The project has received approval from the Conservation Commission.

The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming (structure/use).

After considering the District Objectives for the zoning district as provided for in WZBL 3.2 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

The Board has found that pursuant to WZBL 8.4.2.3:

Scenic views from public ways and developed properties have been considerately treated

Traditional public access to or along the shoreline has been maintained.

Standard Floodplain Exemption Findings

The Conservation Commission has issued an Order of Conditions for the project.

The proposed alteration will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with any existing local laws.

The project will comply in all respects with the State Building Code, including the requirements of Section 744.0 regarding flood zones.

Mick Lynch moved to approve the Findings of Fact for the Special Permit and Floodplain Exemption; seconded by Wil Sullivan. VOTE: Trevor Pontbriand aye; Mick Lynch aye; Manny Heyliger aye; Jan Morrissey aye; and Wil Sullivan aye. 5-0.

Manny Heyliger moved to grant the Flood Plain Exemption Permit and the Special Permit; seconded by Mick Lynch. VOTE: Trevor Pontbriand aye; Mick Lynch aye; Manny Heyliger aye; Jan Morrissey aye; and Wil Sullivan aye. 5-0.

Chair Sharon Inger stated the Board will vote on the February 11, 2021 minutes at the next meeting.

Sharon Inger moved to adjourn the public session at 7:50 pm seconded by Wil Sullivan. VOTE:

Trevor Pontbriand aye; Mick Lynch aye; Manny Heyliger aye; Jan Morrissey aye; Wil Sullivan aye Sharon Inger aye; Andrew Freeman aye; and Reatha Ciotti aye. 8-0.

Respectfully submitted

Christine Bates, Committee Secretary

Documents: DeRoach: Special Permit application and backup materials, Rosenbaun: Special Permit Application and backup materials