Approved ZBA meeting minutes

Meeting date:

Thursday, March 10, 2022

Approved

Wellfleet Zoning Board of Appeals

March 10, 2022 7:00 pm

Remote Meeting

Attendees: Sharon Inger, Al Mueller, Trevor Pontbriand, Mick Lynch, Andy Freeman, Reatha Ciotti, and Jan Morrissey

Regrets: Wil Sullivan and Manny Heyliger

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

21-12 Amendment, Rosenbaum, 100 2nd Ave., Map 40, Parcel 135, Applicant seeks to amend Special Permit 21-12 to alter the previously approved second-floor plan and roofline for the pre-existing, non-conforming single- family dwelling. The Board consisted of Trevor Pontbriand, Mick Lynch, Jan Morrissey, Al Mueller, and Sharon Inger. Attorney Ben Zehnder represented the applicant and stated this was approved by both the Conservation Commission as well as the ZBA. Since then, a new contractor discovered the lower level would not support the second story addition. Reinforcement in the foundation will take place and the roofline will change resulting in an increase to the habitable space inside the house. The upper level will be 4 feet closer to the road, although it doesn’t affect the foundation or the height. Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand.

The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2

The existing non-conformities regarding the structure are inadequate lot area (17,424 square feet where 30,000 is required) / intrusion into the front setback (2’6” where 30’ is required) and intrusion into the side setback ( 12’9” where 25’ is required). The structure is conforming in regard to lot coverage.

The applicant was granted special permit 21-12 to add a second-floor addition onto the existing one-story dwelling. Following the granting of that permit, the applicant has redesigned the proposed dwelling to include a shed type of roof rather than a gabled roof. This change increases the volume of that portion of the structure within the required front setback.

There is no change to the location of the structure or its height. The addition will be built on the existing footprint and there will be no expansion of the footprint.

There will be a volumetric increase.

There will be no change in use.

There will be no increase in use.

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

There were no appearances or correspondence either for or against the amendment.

The roads, drainage, and other public services are limited on Lieutenant Island but are adequate for this use.

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 benefits of the proposal will outweigh any adverse effects on the Town and the vicinity

Al Mueller moved the Findings of Fact; seconded by Mick Lynch. VOTE: Sharon Inger aye; Trevor Pontbriand aye; Al Mueller aye; Mick Lynch aye; and Jan Morrissey aye. 5-0.

Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Trevor Pontbriand. VOTE: Sharon Inger aye; Trevor Pontbriand aye; Al Mueller aye; Mick Lynch aye, and Jan Morrissey aye. 5-0.

Business:

Minutes Mick Lynch moved to approve the amended January 27, 2022 meeting minutes; seconded by Andy Freeman. VOTE: Sharon Inger aye; Trevor Pontbriand aye; Reatha Ciotti aye; Al Mueller aye; Mick Lynch aye; Jan Morrissey aye; and Andy Freeman aye. 7-0.

Mick Lynch moved to approve the amended February 24, 2022 meeting minutes; seconded by Jan Morrissey. VOTE: Sharon Inger aye; Trevor Pontbriand aye; Reatha Ciotti aye; Al Mueller aye; Mick Lynch aye; Jan Morrissey aye; and Andy Freeman aye. 7-0.

Chair Inger reported there will be no meeting on 3/24.

Chair Inger stated Mick Lynch will be acting chair for the April 14th meeting.

Chair Inger stated hybrid meetings may start on April15th providing the town will have the technology. Trevor Pontbriand stated he would be the zoom controller in April if that should happen. Jan Morrissey stated she would not be attending the meetings in person. Chair Inger will follow up with Town Counsel.

Chair Inger asked the Board if they wanted to resume site visits together again on Wednesday mornings prior to the meetings. Everyone was in agreement.

Andy Freeman moved to adjourn at 7:20 pm; seconded by Al Mueller. Sharon Inger aye; Trevor Pontbriand aye; Reatha Ciotti aye; Al Mueller aye; Mick Lynch aye; Jan Morrissey aye; and Andy Freeman aye. 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents: Rosenbaum: Request for Amendment to a Special Permit and back up materials