Approved ZBA meeting minutes

Approved`

Wellfleet Zoning Board of Appeals

November 18, 2021  7:00 pm

                                                              Remote Meeting                                                

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

Regrets:  Manny Heyliger

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

7:00 pm

21-29  Falk / Marques-Pascual, 117 Samoset Avenue, Map 28, Parcel 107,   Application for a Special Permit pursuant to M.G.L.c. 40A s. 6 and WZB 6.1.5 and 8.4.2 to demolish a pre-existing, non-conforming single family dwelling on a pre-existing, non-conforming lot and to build a new non-conforming single family dwelling and 2) a flood plain exemption pursuant to WZB 6.13 and 6.1.4.  The Board consisted of Sharon Inger, Wil Sullivan, Al Mueller, Andy Freeman, and Trevor Pontbriand.  Jan Morrissey and Mick Lynch recused themselves.    Attorney Ben Zehnder represented the applicant and stated the proposed house will be on the same footprint, the use remains the same, there will be no impact to the neighborhood, and the roads are good.  Trevor Pontbriand identified an additional bedroom with a large door opening and the Board of Health will make a ruling on that.  Andy Freeman asked about two proposed leach pits identified on the site plan and Attorney Zehnder stated they are drainage for stormwater, and not associated with the septic.  The Board felt the current house required an upgrade.  There were no letters or comments from abutters.  Trevor Pontbriand moved for Findings of Fact; seconded by Al Mueller:

     1. The applicants own a single-family residential house situated in the Residential 1 Zoning District constructed prior to the adoption of zoning and propose to demolish the existing house and replace it with a new house, hereinafter referred to as the “new house”. The proposed new house will be located in the same general location as the existing house and centered on the upland portion of the lot. The current house is non-conforming due to the fact that the side setbacks are 14.8 feet and 17.3 feet where 25 feet is required under the existing Wellfleet bylaws and the lot is non-conforming in that it contains 8,792 square feet where 30,000 square feet is required. The applicants proposed to construct the new house in a location so that the north side non-conformity will be reduced from 14.8 feet to 15.3 feet while the south side non-conformity will be increased from 17.3 feet to 16.8 feet.

    2. The applicable provisions for this application under the Town of Wellfleet Zoning Bylaws are Section 5.4.2, Section 6.1.5. and Section 8.4.2.

    3. Section 6.1.5.1 (b): The Board finds that the construction of the new house is not substantially more detrimental to the neighborhood than the existing non-conforming structure.

    4. Section 8.4.2.1:

      A. The Board finds that the construction of the new house is suitable in that it is compatible with nearby land uses which would not be damaged by the construction of the new house.

      B. The Board finds that the roads, drainage and other public utilities would not be affected by the construction of the new house.

     C. The Board finds that the construction of the new house will not contribute to environmental damage.

     5. Section 8.4.2.2:

         Not applicable

     6. Section 8.4.2.3:  

     The Board finds that the construction of the new house will not adversely affect scenic views from public ways or neighboring properties.

Wil Sullivan moved the Findings of Fact for the Special Permit; seconded by Andy Freeman.  Sharon Inger aye; Wil Sullivan aye; Al Mueller aye; Andy Freeman aye; and Trevor Pontbriand aye. 

Wil Sullivan moved to grant the Special Permit based on the Findings of Fact; seconded by Andy Freeman.   Sharon Inger aye; Wil Sullivan aye; Al Mueller aye; Andy Freeman aye; and Trevor Pontbriand aye. 

Wil Sullivan moved for Findings of Fact for the Flood Plain Exemption; seconded by Al Mueller.  Sharon Inger aye; Wil Sullivan aye; Al Mueller aye; Andy Freeman aye; and Trevor Pontbriand aye. 

Findings for Flood Plain Exemption:

The property is located in Zone AE and a portion of the property’s seawall  is located in the velocity zone and the applicants’ proposal  requires a flood plain exemption pursuant to Wellfleet Zoning Bylaw Section 6.14.3.

1. The Board finds that the proposal will not increase flood heights, decrease flood storage capacity, result in any public expense or conflict with local law. The Board finds that there are no threats to public safety or risk of fraud or victimization of the public.

2. The Board finds that there is good and sufficient cause to grant an exemption from the bylaw flood-plain requirements. The new house will be constructed in the same area as the existing house and will comply with the maximum building coverage requirements of the Wellfleet Zoning Bylaws.

3.The Board finds that the failure to grant the request would prohibit the construction of the new dwelling and would therefore result in an exceptional hardship to the applicants.

4. The Board finds that the applicants’ request is reasonable and constitutes a minimal change from what currently exists on the lot.

Andy Freeman moved the Findings of Fact for the Flood Plain Exemption.; seconded by Al Mueller.  Sharon Inger aye; Wil Sullivan aye; Al Mueller aye; Andy Freeman aye; and Trevor Pontbriand aye.

Will Sullivan moved to grant the Flood Plain Exemption based on the Findings of Fact; seconded by Al Mueller.  Sharon Inger aye; Wil Sullivan aye; Al Mueller aye; Andy Freeman aye; and Trevor Pontbriand aye. 

7:20 pm

21-30  Zaffanella, 430 Nellie Rd., Map 30, Parcel 162, 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 demolish an existing dwelling and build a new dwelling on a pre-existing, non-conforming lot.  The Board consisted of Jan Morrissey, Wil Sullivan, Trevor Pontbriand, Mick Lynch and Sharon Inger. 

Attorney Ben Zehnder represented the applicant and gave an overview of the request, stating the lot is small, the proposed house will be built on the exact footprint, and there will be 1,489 sq ft of livable space.  The dwelling is sitting on 18%  lot coverage and remain the same.  Attorney Zehnder reviewed the National Seashore bylaws regarding the 50% formula and that there could be an accessory building.  He stated this proposal will not have a significant adverse impact to the neighborhood.  He identified five (5) other properties that exceed the habitable floor coverage in the neighborhood that have second floors.  Tim Brady identified a discrepancy with the boundary markers and all properties in the neighborhood would have to be surveyed.  Attorney Zehnder reached out to the Seashore because they are immediate abutters to this property on both sides and there may have to be some relief.  Chair Inger read a letter from the National Seashore requesting the design of the house be reduced to 1 ½ of  the proposed plans.  Two members of the Board agreed with the seashore regarding scale and size of the property.   Three members of the Board felt this would be an improvement to the neighborhood because it is staying on the same footprint and the height of the roofline will not impact any neighbors.  What is currently the basement of the house will become the first floor of the proposed dwelling and the roofline will only be approximately five (5) feet higher.  Jan Morrissey felt a third bedroom might be established but that is a Board of Health determination.   Steve Rice, an abutter, feels this would be an improvement to the street.  He stated there are several houses in the neighborhood which have been rebuilt that are much larger than the proposed plan. 

Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand.  Sharon Inger aye; Mick Lynch aye; Wil Sullivan aye; Jan Morrissey aye; and Trevor Pontbriand.

The lot is in the NSP District.

The lot is pre-existing, non-conforming with regard to the following :

Minimum lot area: 4,792 square feet existing where three acres is required

Frontage: 64” exiting where 200” is required

Minimum front setback: 16’ existing where 50’ is required

Minimum side setback (east) : 19’ where 35’ is required

Minimum side setback (west): 20’ where 35’ is required

Minimum rear setback ( 16’ where 35’ is required)

Maximum NSPGFA: 672 square feet (14.02%)  where 230.6 square feet (5%) is allowed.

The new structure will be constructed in the footprint of the existing building. 

There will be no change or increase in use.

There was one appearance in support of the application.

The National Seashore Park expressed concerns about the size of the project.

The new construction will not alter any of the current setbacks, but there will be a volumetric increase within all four setbacks.

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

The Board has found that pursuant to WZBL 8.4.2.3:

Scenic views from public ways and developed properties have been considerately treated. There are no developed properties on any side of the property.

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.

The Board has found pursuant to WZB 6.24.3 NSP zoning district criteria:

There will be no change in grade or removal of native vegetation except as necessary to construction

There will be no construction on steep slopes, flood plains, hilltop, dune, coastal bank or scenic views.

The applicants are not aware of any unusual or rare natural and/or historic features that will be disturbed.

The applicants will build on the existing footprint so storm runoff will not be affected.

The applicants do not expect the project to create noise or light pollution.

The 50% use guideline for the NSP states that proposed development shall not exceed the 50% formula unless the development shall not have an adverse impact on scenic views and on the scale, mass and character of the neighboring zoning district. According to records, the dwelling contained 672 sq. feet of living space as of September 1, 1959 . Under the 50% expansion guideline, this may be expanded to 1,008 square feet with an additional 504 square feet allowed for use as an accessory structure. The proposed structure contains a total of 1,478 square feet, which is 470 square feet more than the guideline stipulates. The applicants submit that they should be allowed to exceed the guideline because their proposal will not have a significant adverse effect on the scenic views or on the prevailing scale, mass, or character of the neighborhood. The applicants further propose that under the guideline they would be allowed 504 square feet for an accessory building. They ask to be allowed to use that area as part of the dwelling instead.

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.

Trevor Pontbriand moved the Findings of Fact; seconded by Mick Lynch.  Sharon Inger aye; Mick Lynch aye; Wil Sullivan aye; Jan Morrissey aye; and Trevor Pontbriand aye.

Trevor Pontbriand moved to approve the Special Permit based on the Findings of Fact; seconded by Mick Lynch.  Sharon Inger aye; Mick Lynch aye; Wil Sullivan aye; Jan Morrissey aye; and Trevor Pontbriand aye.

Business:

Meeting Minutes:  Wil Sullivan moved to approve the amended 10/12/21 meeting minutes; seconded by Jan Morrissey.  Sharon Inger aye; Mick Lynch aye; Wil Sullivan aye; Jan Morrissey aye; Trevor Pontbriand; Reatha Ciotti, Andy Freeman and Al Mueller. 8-0.

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

Documents: 

Falk / Marques-Pascual:  Application and back up materials

Zaffanella:  Application and back up materials