Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
April 14, 2022 7:00 pm
Remote Meeting
Attendees Acting Chair Mick Lynch, Manny Heyliger, Trevor Pontbriand, Jan Morrissey, Reatha Ciotti, Wil Sullivan, and Andy Freeman,
Regrets: Sharon Inger and Al Mueller
Acting Chair Mick Lynch called the meeting to order at 7:00 pm.
7:00 pm
22-05 Parkington, 30 Kelley Way, Map 23, Parcel 219, Application for a Special Permit under WZB 6.1.5(b) to expand a lawful pre-existing non-conforming single family residence into the yard setback. The Board consisted of Mick Lynch, Manny Heyliger, Trevor Pontbriand, Jan Morrissey, and Wil Sullivan. Attorney Jean Kampas represented the Parkington’s. She provided the history of the dwelling and the proposed addition. This is a year-round dwelling and the addition will increase the non-conforming side setback. There were no comments or letters regarding this application. The Board did not feel there was any impact to any abutters. The deck will be 158 sq ft. Manny Heyliger moved for Findings of Fact; Wil Sullivan seconded. VOTE: Jan Morrissey aye; Trevor Pontbriand aye; Manny Heyliger aye; Wil Sullivan aye and Mick Lynch aye. 5-0.
This is an application for a Special Permit under the Wellfleet Zoning Bylaws (WZBL) to allow for a 158 sq. ft. deck extension (hereby referred to as “the addition”) that will increase the intrusion into a side yard setback of a lawfully pre-existing non-conforming single-family dwelling.
The dwelling is entitled to treatment as a lawfully pre-existing, non-conforming structure having been built in 1955 according to the Assessor’s Office.
The Zoning Board of Appeals (hereby referred to as “the Board”) has received and reviewed the plans and drawings pertaining to the project, all of which are in the file.
The Board has made a site inspection of the subject lot.
The dwelling is a one and a half story, single family, 1268 sq. ft. (approx.) residential structure, located on a conforming lot in the Commercial 2 (C2) zoning district, where single family residential use is allowed by right. Two sheds, a deck, and a storage area are also located on the lot.
The existing non-conformity regarding the structure is intrusion into the easterly side yard setback (19.3 feet where 35 feet is required).
The applicable provisions for this application under the WBZL are sections 5.4.2 Minimum Yard Requirements; 6.1.5.1(b) alteration of a non-conforming single family residential structure that increases the non-conforming nature of the structure; and 8.4.2 Special Permits.
At the furthest point of the proposed addition, the intrusion into the side yard setback will increase to 18.3 feet.
The addition will increase the building coverage 1.3% for a total of 5.8% coverage.
There will be no change or increase in use.
There were no appearances and no correspondence in support of the application.
There were no appearances and no correspondence in opposition to the application.
There were no objections from the abutters.
WZBL 6.1.5.1 (b): The Board finds that the addition will not be substantially more detrimental to the neighborhood than the existing non-conforming structure.
WZBL 8.4.2: The Board finds that the applicant has demonstrated that the benefits of the addition will outweigh any adverse effects on the Town and the vicinity; that the addition is suitable in that it is compatible with nearby land uses which would not be damaged by the construction of the addition; that the addition will not contribute to environmental damage; that the roads, drainage, and other public services are adequate for the addition; that the addition will not affect diversity of services or housing opportunities or have seasonal consequences; and that there will be no adverse effect on scenic views, existing parking areas, or traditional public access to or along the shoreline.
Manny Heyliger moved to approve the Findings of Fact; seconded by Wil Sullivan. Jan Morrissey aye; Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye; and Mick Lynch aye. 5-0.
Jan Morrissey moved to grant the Special Permit based on the Findings of Fact; seconded by Wil Sullivan. VOTE: Wil Sullivan. Jan Morrissey aye; Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye; and Mick Lynch aye. 5-0.
7:10 pm
22-06. Shulenburg, 15 Old Paine Hollow Road, Map 29, Parcel 450, Application for a Special Permit under WZB 6.1.5(b) to demolish the existing deck and build a new four-season room with an attached deck within the side setback. The Board consisted of Mick Lynch, Wil Sullivan, Trevor Pontbriand, Manny Heyliger and Reatha Ciotti. John Rogalski represented the applicants and he provided details of the proposed plan. The addition would be approximately 7 feet from the property line. Mick Lynch stated the Board required additional information on the site plan. Mr. Rogalski requested a continuation to April 28, 2022. Wil Sullivan moved to have the application be continued to April 28, 2022; seconded by Reatha Ciotti. VOTE: Reatha Ciotti aye; Manny Heyliger aye; Trevor Pontbriand aye; Wil Sullivan aye; and Mick Lynch aye. 5-0. Mr. Rogalski stated the abutter supported the project and the Board recommended they send a letter to go into the file.
Business:
Andy Freeman moved to approve the 03/10/22 meeting minutes; seconded by Jan Morrissey. VOTE: Reatha Ciotti aye; Manny Heyliger aye; Trevor Pontbriand aye; Wil Sullivan aye; and Mick Lynch aye; Jan Morrissey aye; Andy Freeman aye 7-0.
Wil Sullivan recommended receiving signed letters from abutters instead of an email for legal purposes. The people can scan the letters to the secretary or the Chair.
Jan Morrissey moved to adjourn at 7:20 pm; seconded by Reatha Ciotti. VOTE:. Mick Lynch aye; Reatha Ciotti aye; Trevor Pontbriand aye; Jan Morrissey aye; Wil Sullivan aye; Manny Heyliger, and Andy Freeman aye. 7-0
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Parkington: ZBA application and back up material.
Shulenburg: ZBA application and back up material