Approved ZBA meeting Minutes
Approved
Wellfleet Zoning Board of Appeals
September 23, 20217:00 pm
Remote Meeting
Attendees: Sharon Inger, Trevor Pontbriand, Wil Sullivan, Andrew Freeman, and Jan Morrissey
Regrets: Manny Heyliger, Al Mueller, Mick Lynch and Reatha Ciotti
Chair Inger called the meeting to order at 7:00 pm.
21-24 Cook, 30 Main Street, Map 15, Parcel 15, Application for Variance to replace existing accessory building with a pre-constructed accessory building slightly larger within side setback. The Board consisted of Sharon Inger, Trevor Pontbriand, Andy Freeman, Wil Sullivan and Jan Morrissey. Mr. Cook stated he is representing his mother, the owner of the property. He stated it is a historic building built by his grandfather. The current building is 120 sq. ft and the new building is 252 sq. ft. The bldg. has a 6’ by 6’ pop out area and 5 five feet of that would be within the side setback. Mr. Cook stated the majority of the property is within wetlands and he is working with the Conservation Commission with mitigations for plantings. The main house was built in 1820. There is a slope on the property and that is why they would like to keep the same location. He explained there is heavy plantings and vegetated buffers in the area. Chair Inger read letters of support from Zachary Ment and Robert LeTendrea of 10 Main Street. Trevor Pontbriand questioned why this is being filed as a Variance and not a Special Permit. Sharon Inger responded that the existing shed is conforming and the new building is an accessory building and would create a new non-conforming use within the setback. Mr. Cook stated the existing shed is falling apart and they have the rescued building. He stated most of the property is within the wetlands and the building would have difficulty with the topography and slope. Plus the family likes the historic aesthetics of the location and it is not visible from the roadside and by moving it 5 feet closer to the main house would be a detriment and the foliage preserves an atmosphere and look to the property. Mr. Cook stated the accessory building has the profile of the historic original house. He stated he did not want to remove the pop out due to the meaningful design. It was built 70 years ago. The pop out would be used for storage and has a door. Chair Inger stated she is hesitant that this meets the variance requirements and doesn’t see the hardship or the topography issues. Mr. Cook stated a new shed would cost approximately $10,000, and the portion of the building would only be 5 feet within the setback. Chair Inger read an e-mail sent from Interim Building Inspector, Victor Staley, to Mr. Cook, stating this is a variance request. He could do this by “right” if he moved the building out of the setback or cut off the “pop out”. Wil Sullivan stated he felt this could be looked at as a substantial hardship regarding money, there is no detriment to the neighborhood, and there are wetlands to consider. Again, Mr. Cook stated he did not want to move the building to the required setback because it would affect the balance of the property and they feel this is an enhancement for improving the property. By placing the building within the setback, it would minimize the disturbance with vegetation and plantings. Further discussion took place regarding the location of the accessory building and the bylaws as written. Mr. Cook stated he feels it would be a hardship to reduce the importance of the building which was built 70 years ago and was built to scale which is inherently part of its value.
Chair Inger explained to Mr. Cook that if the Board denied this project, he wouldn’t be able to come back for any changes for 2 years, or he could request a withdrawal without prejudice. Mr. Cook again reiterated the aesthetics of the historic district and trying to maintain the history. Although the Board was sympathetic, hardship could not be found because there are alternatives to the location of the building.
Mr. Cook requested the application be withdrawn without prejudice.
Jan Morrissey moved the application be withdrawn without prejudice; seconded by Trevor Pontbriand. VOTE: Jan Morrissey aye; Trevor Pontbriand aye; Wil Sullivan aye; Andy Freeman aye, and Sharon Inger aye. 5-0.
Business:
Wil Sullivan moved to approve the amended September 9, 2021 meeting minutes, seconded by Andy Freeman. VOTE: Jan Morrissey aye; Trevor Pontbriand aye; Wil Sullivan aye; Andy Freeman aye, and Sharon Inger aye 5-0.
Chair Inger announced there will be an executive session on October 28, 2021 for litigation issues.
Jan Morrissey moved to adjourn at 7:55 pm; seconded by Wil Sullivan. Jan Morrissey aye; Trevor Pontbriand aye; Wil Sullivan aye; Andy Freeman aye, and Sharon Inger aye. 5-0.
Respectfully submitted
Christine Bates, Committee Secretary
Documents: Cook: Application for a Variance with back up materials