Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
October 14, 2021 7:00 pm
Remote Meeting
Attendees: Sharon Inger, Reatha Ciotti, Trevor Pontbriand, Manny Heyliger, Wil Sullivan, Andrew Freeman, Al Mueller, Jan Morrissey and Christine Bates, Committee Secretary
Regrets: Mick Lynch
Chair Inger called the meeting to order at 7:00 pm.
7:00 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 10/14/21). The Board consisted of Manny Heyliger, Wil Sullivan, Trevor Pontbriand, and Jan Morrissey. At the applicant’s request Wil Sullivan moved to allow the application be withdrawn without prejudice; seconded by Jan Morrissey. VOTE: Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye and Jan Morrissey aye. 4-0.
7:03 pm
21-25 Outer Cape Health Services, Inc., 2700 State Highway (Rte 6), Map 15, Parcel 142, Application for a Special Permit under WZB 5.2 and 8.4.2 for the addition of a drive-thru window in connection with the existing pharmacy use. (new application). The Board consisted of Sharon Inger, Manny Heyliger, Trevor Pontbriand, Andy Freeman and Reatha Ciotti. Wil Sullivan recused himself. Eliza Cox, attorney, represented the applicant and introduced members of Outer Cape Health Services along with Sean Riley, engineer. She reviewed the previous application which was approved and was appealed due to one condition regarding a “no left turn sign” at the northerly exit from Old Kings Highway onto Route 6. The revised plan identifies the location of the proposed left sign on Outer Cape Health Services, Inc. property and also includes the addition stanchion[SI1] . A letter of support was received from the abutter who appealed as well as from a tenant in the building. This application is the same as the previous application other than the sign and adding the stanchion . [SI2] The Board had no questions and didn’t feel they needed to discuss the previous application. Al Mueller[SI3] pointed out that making a left turn onto Route 6 from Old Kings Highway is crossing a divided highway with double yellow lines. Ms. Lindberg, abutter, stated the clients can exit using the light at the Outer Cape Health Services, Inc. location. The Police Chief informed Chair Inger it is not advisable to turn left from Old Kings Highway but is permitted. Mr. Mueller[SI4] stated if the Outer Cape clients are turning right and other traffic from Old Kings Highway take a left, there could be a collision. As a citizen, Wil Sullivan stated Old Kings Highway is a public road and the Board does not have any jurisdiction regarding what direction people take. Trevor Pontbriand moved for Findings of Fact; seconded by Reatha Ciotti. VOTE: Manny Heyliger aye; Sharon Inger aye; Trevor Pontbriand aye; Andy Freeman aye; and Reatha Ciotti aye. 5-0.
The lot is in the Commercial District.
The property, which contains approximately 1.24 acres of upland, is currently improved with a single commercial structure, built in approximately 1960 per the Assessor’s records.
The applicant seeks to add a drive-thru window to its existing year-round pharmacy on the property to improve access to medicines, particularly for disabled patrons or guardians of children, and to minimize human interaction.
The use conforms with the objectives of the commercial district as stated in WZNBL 3.2.
There was no objection to the project from the police, fire, or DPW.
There was one letter in support of the application.
There were no appearances or correspondence in opposition to the application.
The roads, drainage, and other public services are adequate for the project.
The use contributes to the diversity of services available.
The Board has found that pursuant to WZBL 8.4.2.:
The property is suitable for the proposal and traffic patterns have been redesigned to ensure that all queuing will remain on the property.
Low-intensity rear-round use will contribute to a diversity of services.
The proposal will have no impact on the existing building footprint or parking areas.
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 applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Condition:
Bollards or stanchions shall be placed along the entire length of the proposed lane striping along the south side of the building where the drive-thru window will be located, as shown on site plan C2.1.1. prepared by Coastal Engineering and dated 9/13/21.
A no left turn sign will be placed as shown on site plan C2.1.1. prepared by Coastal Engineering and dated 9/13/21.
Trevor Pontbriand moved the Findings of Fact with conditions; seconded by Manny Heyliger. Vote: Manny Heyliger aye; Sharon Inger aye; Trevor Pontbriand aye; Andy Freeman aye; and Reatha Ciotti aye. 5-0.
Andy Freeman moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger. Manny Heyliger aye; Sharon Inger aye; Trevor Pontbriand aye; Andy Freeman aye; and Reatha Ciotti aye. 5-0.
7:20 pm
21-26 Canoni, 49 Pamet Point Rd., Map 3, Parcel 6, Application for a Special Permit pursuant to M.G.L.c.40A, s.6 and WZB 6.1.5(b) and 6.1.5.2(b) to alter a non-conforming dwelling structure on a non-conforming lot in the NSP zoning district by demolishing the dwelling and an accessory garage structure and building a new single family dwelling with an attached garage, and a NSP Special Permit pursuant to WZB 6.24(a), (b) to exceed the maximum NSPGFA under WZB 5.4.3.1 and to increase the non-conforming nature of the structure within the setback. The Board consisted of Wil Sullivan, Al Mueller, Sharon Inger, Manny Heyliger and Jan Morrissey. The applicant’s attorney (Ben Zehnder) did not attend the meeting, but Mr. and Mrs. Canoni addressed the Board and stated the property has been in the family for over 50 years and they want to live in the dwelling year round. The current cottage is not habitable for year-round living, and they require additional space. They will use “green” energy materials and the electrical lines will not be buried. There were no letters from abutters. The National Seashore had no comments on this project. The basement will not be considered a volumetric increase as it will not be finished. There will be 187 square feet over the maximum NSPGFA lot[MOU5] coverage. The Board felt this project will be a major improvement. Andy Freeman expressed concern with enforcement of the lot coverage within the National Seashore but does not object to the project. Sharon Inger stated the abutting property is conservation and the Seashore did not object or had no comment. Jan Morrissey moved for Findings of fact; seconded by Al Mueller.
The lot is in the NSP District.
The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1950 according to the Assessor’s Office.
The existing non-conformities regarding the structure are inadequate lot area (36,318 sq. ft. where 130,680 sq. ft. is required), / intrusion into the front setback
( 28.8 feet where 50 feet is required).
The applicant proposes to construct a structure that will be[MOU6] non-conforming as to front yard setback, but that will be less non-conforming than[MOU7] the existing structure. (31.5 feet proposed as compared to 28.8 feet currently)
The new dwelling will be 2,501 square feet which exceeds the National Seashore Park Gross Floor Area maximum for the property under WZB 5.4.3.1 The calculated allowable NSPGFA for the property is 2,315 sq. ft. The applicants are asking for an additional 186 square feet.
The applicants are requesting that their parcel on the north side of Pamet Point Road, which is a vacant 6,112 square foot lot, be included in the calculations which would allow them an additional 196 square feet or 10 square feet more than the proposed project. The applicants propose to donate this parcel to conservation.
There will be no change in use.
There will be no increase in use.
The use conforms with the objectives of the NSP district as stated in WZBL 3.2
There were no appearances or correspondence in support of or in opposition to the application.
There were no appearances or correspondence in opposition to the application.
The NSP had no comment on the project.
The roads, drainage, and other public services are adequate for the project.
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.
The proposal will not be more substantially detrimental to the neighborhood than the existing nonconforming structure, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the District Objectives for the National Seashore Park district as provided for in the Wellfleet Zoning Bylaws regarding alteration of non-conforming structures and lots and for granting of a National Seashore Park Special Permit.
Wil Sullivan moved the Findings of Fact; seconded by Al Mueller. VOTE: Wil Sullivan aye; Al Mueller aye; Sharon Inger aye; Jan Morrissey aye and Manny Heyliger aye.
Manny Heyliger moved to grant the Special Permit based on the Findings of Fact; seconded by Al Mueller. VOTE: Wil Sullivan aye; Manny Heyliger aye; Sharon Inger aye; Al Mueller aye; and Jan Morrissey aye. 5-0.
7:45 pm
Business:
Pursuant to Order of Remand issued by Barnstable Superior Court (Perrino,J.) on September 10, 2021 in the matter of Bruce Steven Verney et al v. Wellfleet ZBA et al., Civil Action No. 1772CV632: Discuss request of Community Housing Resource, Inc. dated Sept. 27, 2021 to modify comprehensive permit issued for 120 Paine Hollow Road and determine whether such modifications are substantial or insubstantial. A copy of the requested modifications is on file with the Building Department and ZBA Secretary at the DPW office located at 220 W. Main Street, Wellfleet. Chair Ingers gave a history of the project, which came to the Board in 2017. The Mullen rule does not apply. The Board for this meeting consisted of Trevor Pontbriand, Wil Sullivan, Sharon Inger, Andy Freeman and Manny Heyliger. The Board is to determine if the permit is insubstantial or substantial with the proposed changes.
Attorney Peter Freeman, John O’Reilly and Ted Malone represented the Community Housing Resource Inc. A settlement was agreed upon between plaintiffs and Community Housing Resource. There are very slight changes to the building plans. There are no changes to the number of units. Ted Malone stated the biggest objection from the abutters was the grade of the driveway which has been reduced from 12% to 10%. The roadway had to be lengthened to reach the 10%, with wider curves which meant two cluster buildings had to be relocated. Instead of the circled turn-around, the driveway was extended and there is an “L” shape for emergency vehicles. The Title 5 septic systems is approved and had to be [MOU8] relocated. Paine Hollow Road is undisturbed. The well location was moved. John O’Reilly reviewed the road access changes, and the drainage as proposed meets MA Storm Water policy and is designed for a 25-year storm. The runoff is controlled and will use stormseptor [MOU9] units. Lot coverage stays the same at 3.8%[MOU10] and paved area increased by 1800 square feet, still remaining within the 10% criteria. The fire storage tanks will be approved by the Fire Department for the location. There will be fencing on the western sideline and behind Buildings A & C there will be stockade fencing to screen the abutters and roadway. The Board was not provided a copy of the previously approved site plan and Ted Malone provided it to the Board through zoom screen. He identified where the four original abutters who appealed are located. Malone stated the 4th abutter withdrew from the appeal and the other abutter is the town, and the abutter to the east (Crowell) was not a party to the appeal. Abutters to the north were not impacted. Ted Malone compared the previously approved site plan with the proposed site plan and identified setbacks and locations of the buildings. There are no retaining structures in the new plan. Sharon Inger stated our Town Council determined it is up to the Board to make the decision if the changes are substantial or insubstantial, and in the original decision, we put the onus on the Building Inspector, and then it was turned back to the Board. Our Town Council stated they felt the changes were insubstantial.
Trevor Pontbriand moved to determine the changes are insubstantial; seconded by Andy Freeman. VOTE: Trevor Pontbriand aye; Wil Sullivan aye; Sharon Inger aye; Andy Freeman aye; and Manny Heyliger aye. 5-0. Sharon Inger will notify Town Council to write up Findings with Conditions.
(included below)
At its public meeting held on October 14, 2012, the Board determined the requested modifications, listed below, were insubstantial.
The Applicant proposed to reduce the grade of the access drive from 12% to 10%;
The Applicant proposed the installation of a six-foot high cedar fence along the western property line, adjacent to the Guernsey and Wallace properties; and
The Applicant proposed to reposition two buildings, units A, B, C, and D, to be located further away from Paine Hollow Road to accommodate revisions to the access drive.
The above modifications are detailed on a plan entitled, “Proposed Site Plan – Revised, Parcel 300, Paine Hollow Road, Wellfleet, MA,” dated 10/1/2021 prepared by J. M. O’Reilly & Associates, Inc. of Brewster, MA.
The above modifications are also reflected in revised architectural plans entitled, “Paine Hollow Road Affordable Rental Housing, 120 Paine Hollow Road, Wellfleet, MA,” dated July 6, 2021 prepared by Spring Hill Design of Somerville, MA.
The number of affordable rental units of this Project remains at eight.
No additional waivers were requested by the Applicant.
All other provisions of the Board’s original Comprehensive Permit decision dated November 30, 2017 remain in full force and effect except as modified herein.
Wil Sullivan moved to approve the amended 9/23/21 meeting minutes; seconded by Trevor Pontbriand. VOTE: Trevor Pontbriand aye; Wil Sullivan aye; Sharon Inger aye; Andy Freeman aye; Manny Heyliger aye; Jan Morrissey aye; Al Mueller aye; and Reatha Ciotti aye. 8-0.
Andy Freeman moved to adjourn at 8:30 pm; seconded by Wil Sullivan. VOTE: Trevor Pontbriand aye; Wil Sullivan aye; Sharon Inger aye; Andy Freeman aye; Manny Heyliger aye; Jan Morrissey aye; Al Mueller aye; and Reatha Ciotti aye. 8-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents: Letter from the Gannon’s requesting a withdrawal without prejudice.
Outer Cape Health: application and back up materials
Canoni: application and back up materials
120 Paine Hollow Road: revised site plan and back up materials