Approved ZBA meeting minutes

                                                                                Approved                                                                                                                                                                                                                                    Wellfleet Zoning Board of Appeals

September 9, 7:00 pm

Remote Meeting

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

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

7:15 pm

21-20  Gannon, 206 Holbrook Ave., Map 14, Parcel 161:  Application for a Special Permit under WZB 6.1.5.1 (b) to construct a 48” wide pathway, replacing the existing one, for safety and proper access to the rear of the property, which is in relation to a proposed deck which is within the side setback (Cont’d to 9/9/21).  The Board consisted of Manny Heyliger, Wil Sullivan, Mick Lynch, Trevor Pontbriand, and Jan Morrissey.  There was no representation for the applicant at the hearing.  The Board did not feel the plans submitted were adequate since the setbacks were hand drawn and the plans submitted did not clearly identify what the project entailed.  Brian Gannon, son, stated the landscape steps are in place now and they want to utilize the decking in the back to enter the house through the back door.  Wil Sullivan stated he wants to see a “before” and “after” drawing and what looks like an as-built.  Manny Heyliger moved to continue to 10/14/21; seconded by Mick Lynch.   VOTE:  Mick Lynch aye; Jan Morrissey aye; Wil Sullivan aye; Manny Heyliger aye; and Trevor Pontbriand aye.  5-0.  Christine Bates will give Victor Staley the application and request he contact Cape Associates.

7:04 pm

21-23  Oyer, 83 Samoset Avenue, Map 28, Parcel 113:  Application for a Special Permit under WZB 6.1.5.2 and MGL c. 40A, s6 to alter their pre-existing, nonconforming single family dwelling located on a pre-existing nonconforming lot.  The applicants intend to renovate and enlarge the existing structure a total of approximately 435 s.f., resulting in additional volume within the lawful existing setback nonconformities (no change to the setbacks).  The building coverage will increase by only 0.2%.  Jan Morrissey recused herself.  The Board consisted of Sharon Inger, Mick Lynch, Manny Heyliger, Wil Sullivan, and Trevor Pontbriand.  Jean Kampas, Attorney, represented the applicants.  She provided an overview of the project, which will convert an existing deck to habitable space inside the house .   The project was approved by the Conservation Commission and will go before the Board of Health to determine if there requires any septic upgrades.  Mr. Oyer stated the abutter to the south did not have any issues with the project.  Al Mueller questioned the number of bedrooms in the existing house where the new plans identify a family room.  Sharon Inger pointed out that on Feb 17, 2011, a Special Permit was granted to the previous owner to tie the garage to the house, and finding #7 stated the lot coverage changed to 23.4 % and this application states 10 +/- lot coverage.  David Lyttle provided his interpretation of lot coverage and building coverage of our bylaws[MOU5] .  Mr. Oyer stated the prior structure was a house and garage.  He is pushing out an indentation for 17’.  Attorney Kampas read the bylaw:  building coverage – area of the lot that has building on it and divide the lot area to determine building coverage.  The lot is 10,622 sq ft, structure is 1,186 sq ft and increase by 17 sq. ft.  No part of the 10,622 sq. ft. is under water. 

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

The lot is in the R1 District.

The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1992 according to the Assessor’s Office.

The existing non-conformities regarding the structure are inadequate lot area (10,672 square feet where 30,000 is required) / intrusion into the front setback (17’ where 30’ is required) / intrusion into the side setback (16.1’ and 0.1‘ where 25‘ is required).

There will be a 435 square foot increase to the volume of the building.

The addition to the structure will be constructed entirely on the current footprint.

There will be no change in use.

The use conforms with the objectives of the R1 as stated in WZBL 3.2

There were no appearances or correspondence in support of or in opposition

      to the application.

9.  The roads, drainage, and other public services are adequate for the project.

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.

The Board has found that pursuant to WZBL 8.4.2.3:

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

Reasonable efforts have been made to minimize visibility of parking and service areas from public streets.

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

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

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

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

Business: 

Sharon Inger reported a settlement for the Paine Hollow 42B project has been agreed upon and the project may come back to us.

To avoid litigation, Outer Cape Pharmacy will come back to change the “no left turn” condition.

Trevor  Pontbriand moved to approve the amended August 26, 2021 meeting minutes;  seconded by Wil Sullivan.  VOTE:  Manny Heyliger aye; Trevor Pontbriand aye; Wil Sullivan aye; Sharon Inger aye; Mick Lynch aye; Jan Morrissey aye; Reatha Ciotti aye; and Andy Freeman aye.  8-0. 

Mick Lynch moved to adjourn at 7:45; seconded by Trevor Pontbriand.    Manny Heyliger aye; Trevor Pontbriand aye; Wil Sullivan aye; Sharon Inger aye; Mick Lynch aye; Jan Morrissey; Reatha Ciotti aye; and Andy Freeman aye  8-0

Respectfully submitted

Christine Bates, Committee Secretary

Documents:

Gannon:  Application for a Special Permit with back up materials

Oyer:  Application for a Special Permit with back up materials