Approved ZBA meeting minutes

Meeting date:

Thursday, June 10, 2021

Approved

Wellfleet Zoning Board of Appeals

June 10, 2021 7:00 pm

Remote Meeting

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

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

7:00 pm

21-17 Batchelder, 405 Wilson Ave, Map 30, Parcel 613: Application for a Special Permit pursuant to M.G.L. c. 40A, s. 6 and WZB 6.1.5 and the grant of a National Seashore Park District Special Permit pursuant to WZB 6.24 to build an attached one-car garage within two setbacks on a pre-existing, non-conforming lot. The Board consisted of Sharon Inger, Wil Sullivan, Manny Heyliger, Mick Lynch, and Trevor Pontbriand. Attorney Ben Zehnder represented the applicant. He reviewed the National Seashore regulations and setback issues. This will increase the lot coverage. The garage will be one story for one car with a breezeway.

The allowable accessory square footage would be within the use guidelines. It will not impact environmental resources or habitat environments.

A letter from the National Park Services was read into the record objecting to the project due to the 2 setbacks issues. Other concerns were the size of the parcel, lot coverage, and previous special permits granted. Christine Hagan, abutter, stated they had no objection to the garage. It was noted from the site plan submitted that all parcels surrounding this property is owned by the National Seashore. There is one shed and the property surrounding the house is all vegetation. There is a house owned by the Seashore which houses lifeguards. Discussion among Board members included the setback intrusions, the breezeway, small lot for this amount of coverage, the garage increases the lot coverage and floor area. It appears there has been gradual expansion to this property over the years, and the character of the neighborhood is small houses in a small neighborhood. The Board has not granted garages within the setback. Attorney Zehnder stated the Seashore comprises of two different types of properties with huge homes and small cottages. He stated people now live in these homes and use the properties differently than they did 50 years ago. He stated this is not a crowded area because the seashore owns the land. The garage will house kayaks, cars, etc. He argued that people should use their property as they wish and this garage would not be more detrimental to the neighborhood. There was discussion regarding the buildings the Seashore owns and if they would be demolished if they were not repaired. When septic systems fail, they have a comprehensive program for their employees. Attorney Zehnder stated the house was not constructed as permitted because the measurement of the house from the interior was different than the exterior. The habitable space should not include the garage. Attorney Zehnder went through the criteria of Special Permits and responded that this project does not impact anything. Jan Morrissey pointed out this should only have 5% lot coverage and Attorney Zehnder responded we need to go to 1963 to understand the National Seashore bylaw. He stated the intent was to keep dwellings from being built too large. Peter Haig, architect, stated the owner is a year-round resident and would like to keep her car in good shape and out of the weather.

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

Sharon Inger proposed several Findings of Fact but there was no motion to accept them.

Attorney Ben Zehnder requested a continuation for 30 days (July 8). Wil Sullivan moved to continue to July 8, 2021; seconded by Manny Heyliger. VOTE: Mick Lynch aye, Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye; and Sharon Inger aye. 5-0.

Jan Morrisey moved to approve the amended May 27, 2021 meeting minutes; seconded by Trevor Pontbriand. VOTE: Sharon Inger aye; Mick Lynch aye; Manny Heyliger aye; Andy Freeman; Trevor Pontbriand aye; Reatha Ciotti aye; Wil Sullivan aye and Jan Morrissey aye. 8-0 (Al Mueller had left the meeting).

Trevor Pontbriand moved to adjourn at 8:00 pm; seconded by Mick Lynch. VOTE: Mick Lynch aye, Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye; Sharon Inger aye; Andy Freeman aye; Jan Morrissey aye and Reatha Ciotti aye. VOTE 8-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents: Special Permit request and back up material