Approved ZBA meeting minutes

Meeting date:

Thursday, January 13, 2022

Approved

Wellfleet Zoning Board of Appeals

January 13, 2022 7:00 pm

Remote Meeting

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

Regrets: Trevor Pontbriand

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

22-01 Selvig, 334 Cove Rd., Map 28, Parcel 21: Application for a Special Permit under WZB 6.1.5.2(b) to extend porch by 18” into setback on a non-conforming lot. The Board consisted of Sharon Inger, Reatha Ciotti, Mick Lynch, Manny Heyliger and Wil Sullivan. Mr. Selvig provided information regarding the project, and the Board did not have any concerns with the small intrusion into the setback. Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger. VOTE: Sharon Inger aye; Reatha Ciotti aye; Mick Lynch aye; Manny Heyliger aye and Wil Sullivan aye. 5-0.

The lot is in the R30 district

The lot is lawfully pre-existing nonconforming.

The existing non-conformity is lot size (20, 145 square feet where 30,000 square feet is required),

The proposed addition will reduce the side setback on the northeastern side of the property from 25’ to 23.5’which is an 18-inch intrusion into the setback.

The use conforms with the objectives of the R30 District as stated in WZBL 3.2

There were no appearances in support of or in opposition to the application.

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

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 Mick Lynch. VOTE: Sharon Inger aye; Reatha Ciotti aye; Mick Lynch aye; Manny Heyliger aye and Wil Sullivan aye. 5-0.

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

7:08 pm

22-02 Woods and Lemme regarding 1065 State Highway, Map 36, Parcel 184: Appeal from Person Aggrieved, MA General Laws Chapter 40A, Section 8 and 15 and Wellfleet Zoning Bylaw Section 8.4.1. Appeal of Building Commissioner authorizing the use of the site for a “Contractor’s Yard). Appeal is to reverse decision or modify the use/conditions approved in order to fully conform to the Bylaw and earlier decisions of the Board. The Board consisted of Sharon Inger, Mick Lynch, Manny Heyliger, Jan Morrissey, and Andy Freeman. Chair Inger explained to the Board and the audience that this meeting would determine if there would be a continuation as requested by the applicants’ attorney, David Reid. Attorney Reid explained he recently had a discussion with Attorney Ben Zehnder who is the property owner’s attorney. The two attorneys agreed to a site visit to discuss the site plan and operational details. Attorney Reid stated he did not think the interim building inspector made the correct decision to allow a contractor’s yard because there was not enough information provided.

Mick Lynch stated he wanted to make a motion to send the application to the Cape Cod Commission because he feels this is more than a contractor’s yard with the industrial equipment.

Sharon Inger stated we have the authority to send it for review because it exceeds 40,000 square feet. Attorney Reid stated this should go to the Cape Cod Commission as a Development of Regional Impact because there is over 60,000 square feet and all of the site has been cleared. He feels all work should be suspended at this time.

Attorney Ben Zehnder stated this is an outdoor use. He stated this can be a discretionary referral or a mandatory referral. He stated they have worked with at least 3 different Building Inspectors who have stated it was not mandatory to go before the Cape Cod Commission. Mr. Zehnder stated the reason he would like to meet with Attorney Reid is to have a surveyor reduce the project area. They will restore and replant by Old Wharf area. The reduced plan will be below 40,000 square feet. He also stated there is an on-going legal issue at the present time.

Chair Inger asked for Town Counsel Jonathan Murray’s opinion on a continuation or to send directly to Cape Cod Commission. He stated we could choose both and the lawyers can continue to talk. The proceedings would be stayed until after the Cape Cod Commission reviewed the project. Attorney Zehnder stated the use can continue and if the owners had to stop work at the site, it would create further legal matters. Further discussion took place and Attorney Murray stated the act of an appeal doesn’t automatically stay use of the site. If there were violations, the Building Inspector could enforce an injunction. Attorney Reid responded the Board has the authority to suspend or terminate the work and it could entail months for the Cape Cod Commission to review. He recommends the Board stay or revoke the permit for the Contractor’s Yard. Attorney Zehnder stated his client can appeal and doesn’t feel the Board has the power to override the permit. If the areas are restored with vegetation, they are not part of the project. He doesn’t feel the Cape Cod Commission can solve any problems.

Attorney Reid stated the stripped land does not restore to the original state. Al Mueller stated he agrees to forward to Cape Cod Commission and terminate the permit. Sharon Inger stated we can refer it after the two-week continuation. Mick Lynch stated he does not want any work to be performed during the 2-week continuation date. Sharon Inger stated she read the emails from the Building Inspector citing Bylaw 5.2 regarding noise, etc.” They are already in violation of the Building Inspector’s direction.” Attorney Zehnder replied his client has complied and it is a commercial zone and is lawful. Attorney Murray stated the Board should be cautious about issuing a stop order. The proper route is to go through the Building Inspector.

Manny Heyliger moved to continue to January 27, 2022; seconded by Mick Lynch. VOTE: Sharon Inger aye; Manny Heyliger aye; Jan Morrissey aye; Wil Sullivan aye; and Andy Freeman aye. 5-0. Chair Inger thanked the people for joining the zoom meeting and stated the emails received will be read at the next meeting.

Business

Wil Sullivan moved to approve the amended 12/09/21 meeting minutes; seconded by Mick Lynch. Sharon Inger aye; Jan Morrissey aye; Wil Sullivan aye; Manny Heyliger aye; Andy Freeman aye; Al Mueller aye; and Mick Lynch aye. 7-0.

Wil Sullivan moved to adjourn the meeting at 8:00 pm; seconded by Mick Lynch. Sharon Inger aye; Jan Morrissey aye; Wil Sullivan aye; Manny Heyliger aye; Andy Freeman aye; Al Mueller aye; and Mick Lynch aye. 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Selvig: application and back up materials

Appeal: application and back up materials