Approved ZBA meeting minutes

Meeting date:

Thursday, December 9, 2021

Approved

Wellfleet Zoning Board of Appeals

December 9, 2021 7:00 pm

Remote Meeting

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

Regrets: Mick Lynch

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

7:00 pm

21-27 Danner, 31 Samoset Ave., Map 28, Parcel 119, Application for a Special Permit pursuant to M.G.L.c.40A s.6 and WZB 6.15 and 8.42 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. They also seek a flood plain exemption pursuant to WZB 6.13 and 6.14 for the proposed construction, which is required because a portion of the property is in the VE zone. The Board consisted of Sharon Inger, Trevor Pontbriand, Andy Freeman, Will Sullivan, and Manny Heyliger. Jan Morrissey recused herself. Attorney Ben Zehnder represented the applicant and provided background information. This project was approved by the Conservation Commission. The look of the house does not change, but they converted the foundation to a slab and work will be outside of the 50’ buffer zone. The sandy foot path was relocated, and the septic system will be an I/A septic system. Chair Inger read a letter from Steve and Beth Jamaroz endorsing the project. A letter raising concerns about adequate parking from Karen Kaminsky and LaPosta was read into the record. Manny Heyliger questioned the location of the septic system and expressed concern with the water level in the area. John O’Reilly stated this parcel sits high with an elevation of 34 to 42 feet above the water. They are above flood plain. Attorney Zehnder stated the property is at the end of the road and his client owns the westerly half of the road and they can park vehicles but still allow access to the path. Ms. Kaminsky provided some history of the previous owners’ parking issues blocking the path. She wants to make sure they understand they own the property to the westerly side to the telephone pole and that anyone has access to the path that wants to use it. Andy Freeman stated he is concerned with the vehicle parking capacity for the lot. There will be no change in the use of this property. Ms. Kaminsky stated this is a public road and the public path is maintained by the Town, so it is important to reiterate to the new owners that they have to respect the other residents right to use the road / path. Attorney Zehnder stated the concern is well noted. Trevor Pontbriand referred to the parking bylaw and the Board has to consider parking on the lot. Attorney Zehnder stated there is parking in the garage and a second car could pull into the property. There is no other location to place this house on this lot. Wil Sullivan stated the parking is going to be the same as before and there will be no change so it isn’t in our jurisdiction to set conditions. John O’Reilly stated two cars could be pulled into the property, either parallel or straight into the driveway.

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

The lot is in the R1 district.

The dwelling is a lawfully pre-existing, nonconforming structure on a pre-existing non-conforming lot having been built in 1960 according to the Assessor’s Office.

The existing non-conformities regarding the structure are inadequate lot area (11,720 sq. feet where 30,000 sq. ft is required), frontage (80’ where 135’ is required) intrusion into the front setback (9’6’ where 30’ is required), and intrusion into the side setback (9’2’ where 25 feet is required.)

The new structure will be constructed in generally the same location as the existing structure.

The new structure will reduce the front setback non-conformity slightly (to 9’7”) and increase the side setback non-conformity to 7’1”. The building coverage will increase from 9.4% to 13.8% but remain conforming in the zoning district. (15% allowed.)

There will be no change or increase in use.

The use conforms with the objectives of the R1 district

There was one letter in support of the application.

There was one letter and appearance with questions regarding the application.

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 from public streets.

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

The proposed alteration 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 district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.

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

Manny Heyliger moved for Findings of Fact for the Floodplain Exemption; seconded by Andy Freeman. VOTE: Wil Sullivan aye, Manny Heyliger aye, Trevor Pontbriand aye, Sharon Inger aye, and Andy Freeman aye. 5-0.

Floodplain Exemption Findings under WZBL 6.14

The proposed structure will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with any existing local laws.

The project will comply in all respects with the State Building Code, including the requirements of Section 744.0 regarding flood zones.

The applicants have received approval and an order of conditions from the Conservation Commission and have provided those to the Board of Appeals. .

Manny Heyliger moved the Findings of Fact for the Floodplain Exemption; seconded by Wil Sullivan. VOTE: Wil Sullivan aye, Manny Heyliger aye, Trevor Pontbriand aye, Sharon Inger aye, and Andy Freeman aye. 5-0.

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

Manny Heyliger moved to grant the Floodplain Exemption based on the Findings of Fact; seconded by Wil Sullivan. VOTE: Wil Sullivan aye, Manny Heyliger aye, Trevor Pontbriand aye, Sharon Inger ye, and Andy Freeman aye. 5-0.

7:30 pm

21-28 Lewis, 10 Ryder Court, Map 14, Parcel 10: Application for a Special Permit under WZB 6.1.5.4(b) to increase building lot coverage from 20.8% to 21.9%. The Board consisted of Trevor Pontbriand, Manny Heyliger, Sharon Inger, Wil Sullivan, and Al Mueller. Chris Carson represented the applicant and stated the house will be increased by 1% on a non-conforming lot. The kitchen will be enlarged as well as the adjoining rooms. No letters were submitted. Jan Morrissey pointed out that the Central District setbacks on the site plan zoning table were inaccurately listed as Residential District setbacks, which are greater than those in the Central District. Abutter Myya Beck questioned lot coverage, and the Board responded that is why they are here.

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

1. The applicant owns a single-family residential house situated in the Central District constructed prior to the adoption of zoning and proposes to make improvements hereinafter referred to “the additional space”. The house is pre-existing non-conforming in that the maximum building coverage allowed in the Central District is 15% while the existing building coverage is 20.8 %. The construction of the additional space would create an additional 86 square feet of building coverage resulting in building coverage of 21.9%.

2. The applicable provisions for this application under the Town of Wellfleet Zoning Bylaws are Section 5.4.3 (15% Maximum Building Coverage in Central District), Section 6.1.5.1 (b), Section 6.1.5.4 and Section 8.4.2.

3. Section 6.1.5.1 (b): The Board finds that the construction of the additional space 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 additional space is suitable in that it is compatible with nearby land uses which would not be damaged by the construction of the additional space.

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

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

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

7:40 pm

21-31 Brown, 60 A Designers Rd, Map 23, Parcel 7 A, Application for a Special Permit under WZB 6.1.5 (b) to construct a deck within the setbacks. The Board consisted of Jan Morrissey, Sharon Inger, Manny Heyliger, Wil Sullivan and Trevor Pontbriand. Mr. Brown stated the site was staked and felt it would not impact the neighbors. Mr. Jerry Costephens, abutter, stated he had no objections. Manny Heyliger questioned the size 9’ x 18’ along with an extension around the corner with no width identified. Trevor Pontbriand questioned if the drawing provided is sufficient as it isn’t signed by a surveyor . Chair Inger stated the Board requires a letter from the condominium association stating there is no objection. Mr. Costephens stated this would not affect any other abutters or people in the association. Mr. Brown was advised the Board would like a detailed plan of the entire lot, including all other cottages and all the setbacks from neighboring cottages. Mr. Brown requested a continuation to 01/27/22. Trevor Pontbriand moved to continue to January 27, 2022; seconded by Jan Morrissey. VOTE: Jan Morrissey aye; Sharon Inger aye; Manny Heyliger aye; Wil Sullivan aye and Trevor Pontbriand aye 5-0.

7:50 pm

21-32 Rousseau, 174 Pleasant Point Ave, Map 35, Parcel 113, Application for a Special Permit to have a fence 8’ above grade to provide privacy between the neighboring properties. There was no one to in attendance to present the application. Chair Inger stated this is a variance request based on MA variance general law which we do not know and is not a Wellfleet Bylaw. The Board was not sure they have jurisdiction on fencing. It is up to the applicant to identify what they are filing under. After further discussion, a Board was set in order to make a motion. The Board consisted of Trevor Pontbriand, Wil Sullivan, Reatha Ciotti, Manny Heyliger, and Sharon Inger. Wil Sullivan moved to deny the application without prejudice; seconded by Manny Heyliger. VOTE: Trevor Pontbriand aye, Wil Sullivan aye, Reatha Ciotti aye, Manny Heyliger aye and Sharon Inger aye. 5-0

8:00 pm

21-33 Manach, 65 Mill Hill Rd., Map 13, Parcel 15, Application for a Special Permit under 6.1.5 2(b) for the construction of a two-story addition within the side and rear setbacks. The Board consisted of Wil Sullivan, Manny Heyliger, Trevor Pontbriand, Reatha Ciotti, and Sharon Inger. Mr. Manach stated they are outgrowing the house and want to increase the size of the kitchen as well as the bedroom(s). There were no letters. Brendon Parker spoke on behalf of the owners and stated one of the bedrooms is the size of a closet. Mr. Robicheau stated this is a local family and endorses the project. Timothy Curley-Egan stated he is a direct abutter and endorses the project. Mr. Manach stated he spoke with the owner of the property behind theirs and there were no issues regarding how close the addition would be to them. There is a garage between the two properties which acts as a buffer. Manny Heyliger doesn’t feel it is detrimental because the land slopes away and it would be very costly with any other design. Mr. Manach spoke with Agent Greenberg-Lemos regarding bedroom count, and she responded it is identified as a three- bedroom dwelling.

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

The lot is in the R1 District.

The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1960 according to the Assessor’s Office.

The existing non-conformities regarding the structure are inadequate lot area (6691.4 square feet where 30,000 square feet is required), intrusion into the front setback (19.7 feet where 30 feet is required), intrusion into the rear setback (18.6 feet where 30 feet is required), and intrusion into the side setback (20.6 feet where 25 feet is required).

The proposed addition will increase the nonconformities in the rear setback from 18.6 feet to 9.7 feet and in the side setback from 20.6 feet to 18.9 feet.

The lot coverage will go from 11% to 15% which is allowed in the district.

There will be no change in use.

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

There were 2 appearances 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 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 from public streets.

The proposed alteration 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 district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.

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

Business:

Wil Sullivan recommended updating the application to include a signature from the land owner and to identify who is representing them at the meeting

Manny Heyliger moved to approve the amended January 18, 2021 meeting minutes; seconded by Jan Morrissey. VOTE: Sharon Inger aye; Wil Sullivan aye; Manny Heyliger aye; Trevor Pontbriand aye; Al Mueller aye; Reatha Ciotti aye; Jan Morrissey aye; Andy Freeman aye 11/18/21; all 8-0.

Al Mueller moved to adjourn at 8:25 pm; seconded by Andy Freeman. Sharon Inger aye; Wil Sullivan aye; Manny Heyliger aye; Trevor Pontbriand aye; Al Mueller aye; Reatha Ciotti aye; Jan Morrissey aye; Andy Freeman aye 8-0

Respectfully submitted,

Christine Bates

Documents:

Danner: Application for a Special Permit and back up material(s)

Lewis: Application for a Special Permit and back up material(s)

Brown: Application for a Special Permit and back up material(s)

Rousseau: Application for a Special Permit and back up material(s)

Manach: Application for a Special Permit and back up material(s)