Approved ZBA meeting minutes

Approved

Wellfleet Zoning Board of Appeals

February 24, 2022  7:00 pm

Remote Meeting

Attendees:  Sharon Inger, Al Mueller, Trevor Pontbriand, Mick Lynch, (for one hearing only) Reatha Ciotti, Wil Sullivan, and Jan Morrissey

Regrets:  Andy Freeman and Manny Heyliger

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

7:00 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, Trevor Pontbriand, Mick Lynch, Wil Sullivan and Sharon Inger.  Also in attendance were Reatha Ciotti, and Al Mueller.  Doug Brown stated he had a professional site plan made and sent a letter from the condominium association expressing support of his project.  He stated the proposed stairs on the plan shows 4 stair steps and they would like to have 2 stair steps so his wife can more easily access the deck which has a door to enter into the house.  There were 3 letters of support, one from the condo association, and two from abutters.  Jerry Costephens, an abutter stated he supports the project.  The total square footage will be 200 sq. ft.  This is a seasonal use cottage.  The cottages will be no closer than they currently are.  There are 10 seasonal cottages and one year-round home.   Mick Lynch moved for Findings of Fact; seconded by Wil Sullivan.

This is an application for a Special Permit to allow for the construction of a 200- square foot deck system (hereby referred to as “the addition”) within the setbacks.

The dwelling is entitled to treatment as a lawfully pre-existing, nonconforming structure having been built in 1950 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.

This is a seasonal, single story, 600 sq. ft. pre-existing, non-conforming dwelling located in the pre-existing, non-conforming Saltbox Cottages cottage colony in the R1 district on a 107,458 sq. ft. conforming lot.  One year-round dwelling and 9 additional seasonal dwellings are also located on the lot.

The dwelling is pre-existing, nonconforming as to minimum front yard setback (5.1 ft. where 30 ft. is required), minimum side yard setback (west: 13.6 ft. at the closest point to Designers Road where 25 ft. is required) and less than 25 feet between dwellings.

The applicable provisions for this application under the Town of Wellfleet Zoning Bylaws (WZBL) are sections 3.2 District Objectives; 5.4.2 Minimum Yard Requirements; 5.4.11 Intensity of Use Application to Cottage Colonies; 6.1.5.1(b) alterations of a non-conforming single-family dwelling which increases the non-conformity; and 8.4.2 special permit granting criteria.

The applicant proposes to construct the addition on the rear and west side of the dwelling. The addition will extend four feet further into the side setback with 14.8 feet being the closest distance to the property line. To the east, the addition will extend within 24 feet of the abutting dwelling.

There will be an increase in building coverage.

There will be no change or increase in use.

There was one appearance and two letters in support of the application.

There were no appearances or correspondence in opposition to the application.

There was a letter from Harvey Shrage, treasurer of the Saltbox Cottages managing board stating that the managing board had no objection to the proposal.

There was no objection from the abutters.

WZBL 3.2: The Board finds that the use conforms with the objectives of the R1 District as stated in WZBL 3.2.

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 proposal 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.

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

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

7:17 pm

20-21 Amendment  Cape Cod Cannabis NV, 1446 State Highway Rte 6, Map 30, Parcel 6:  Modifications or eliminations of certain conditions from Special Permit granted on June 11, 2020 which includes operating hours, modify/eliminate business operations by appointment-only and requirement of a parking lot attendant; eliminate a post-occupancy traffic study; removal of coordination with Wellfleet Police Dept and retaining police detail; eliminate shuttle service to transport employees during summer season; modify signage condition allowing company logo and designation as a “Cannabis Dispensary” and approval to change its existing window films to display the same content as the proposed sign; waive feasibility study for traffic and safety improvements within the Route 6 right of way; waive or postpone tree planting requirement; remove conditions 3, 19, 22 and 23 and/or recognize that the same have been satisfied.

Mick Lynch recused himself.  The Board consisted of Sharon Inger, Jan Morrissey, Wil Sullivan, Reatha Ciotti and Trevor Pontbriand.  Also in attendance was Al Mueller.

Chair Inger provided a history of the original Special Permit.  She stated the original application raised the most concerns from neighbors and the town.  She stated each condition will be taken up separately and individually voted on.  Attorney Freeman provided statements and experiences the store has had during the year of operation.  Larysa Kavaleva provided screen share identifying sales.

Condition 1: The adult use Marijuana Establishment shall be permitted to operate between the hours of 10:00 a.m. and 8 p.m. Monday through Saturday and 12 a.m. to 8 p.m. on Sundays for adult use marijuana purpose.

Request: Applicant requests that the hours of operation be modified to allow Cape Cod Cannabis the flexibility to establish hours of operation between the hours of 8.a.m. and 8 p.m. daily as both consistent with the norms allowed by the Massachusetts Cannabis Control Commission (the CCC) guidelines and as consistent with section 9.3. 5.2

Vote: The board approval of the removal of condition 1 allows the applicant the flexibility to establish hours of operation between the hours of 8 a.m. and 8 p.m.  Trevor Pontbriand moved to approve the removal of Condition 1; seconded by Wil Sullivan.  VOTE:  Sharon Inger aye; Trevor Pontbriand aye; Reatha Ciotti aye; Jan Morrissey aye and Wil Sullivan aye.  5-0

Condition 13: The Applicant shall operate on an appointment-only basis, and the Applicant shall employ a parking attendant, on duty during all business hours, to assist with parking and site circulation.

Request: Applicant seeks to modify/ eliminate Condition 13 in two respects:

Elimination of the business operations by appointment only

Removing the requirements for a parking lot attendant

Vote: The Board approves the elimination of the conditions of appointment only and the employ of a parking attendant. Trevor Pontbriand moved to remove Condition 13; seconded by Jan Morrissey.  VOTE:  Sharon Inger aye; Trevor Pontbriand aye; Reatha Ciotti aye; Jan Morrissey aye and Wil Sullivan aye.  5-0

Condition 14: Following the six (6) months of operation which shall be extended to include the first full Summer Season, if not occurring within the first six months of operation, the Applicant shall conduct a post-occupancy traffic study and report back to the Board on this study at a public hearing, and the Board may determine whether any additional traffic calming measures are to be implemented and incorporated into the Decision or whether any existing measures, including the requirement of a parking attendant, may be relaxed.

Request: Remove or waive Condition 14’s requirement for a post-occupancy traffic study.

Vote: Trevor Pontbriand moved to remove the requirement for a post-occupancy traffic study; seconded by Wil Sullivan.  VOTE:  Sharon Inger aye; Jan Morrissey aye; Wil Sullivan aye; Reatha Ciotti aye and Trevor Pontbriand aye.  5-0

Condition 16: For the first 6 months of operation and between Memorial Day to Labor Day thereafter, Applicant shall coordinate with the Wellfleet Police Department and hire police details, as the Chief of Police or his designee may require insuring safe access and egress from the site.

Request: Applicant requests the removal of coordination with the Wellfleet Police Department and retaining police detail.

Vote: Trevor Pontbriand moved to remove the requirement for coordination with the Wellfleet Police and retaining police detail; seconded by Wil Sullivan.  VOTE:  Sharon Inger aye; Wil Sullivan aye; Reatha Ciotti aye; Trevor Pontbriand aye and Jan Morrissey aye.  5-0

Condition 17: Applicant shall provide a shuttle service to transport its employees to and from the size to minimize the demand for employees’ parking spaces, particularly during the peak summer business season from Memorial Day to Labor Day.

Request: Applicant requests that the employee shuttle requirement be removed.

Jan Morrissey moved to remove the requirement for an employee shuttle; seconded by Wil Sullivan.  VOTE:  Sharon Inger aye; Jan Morrissey aye; Reatha Ciotti aye; Wil Sullivan aye; and Trevor Pontbriand aye.  5-0

Condition 18: Applicant shall not erect any signage on the Property, with the exception of signage to designate handicapped spaces, employee parking spaces, 10-minute express pick-up parking spaces and 30-minute parking spaces, which signs shall be 8” by 12” and shall be installed consistent with the material provided to the Zone Board of Appeals. Further, Applicant shall cause to be removed existing roof-mounted signs for the South Wellfleet General Store and The Local Produce Patch, and to the extent the Applicant has the authority to do so, Applicant may cause to be removed the ground sign for the South Wellfleet General Store. Nothing in this condition shall prohibit Applicant from installing window films or artwork on its windows or doors for identification purposes. In no event shall any signage, window film, artwork, or similar means of identification include the words marijuana, cannabis, or similar language that would identify the type of facility or nature of business carried on therein.

Request: these modifications

A single two-sided sign with the company logo and including a designation as a cannabis dispensary, in accordance with Sections 7.2.2, 7.2.3, 7.6.3, and 7.6.3.1 of the Wellfleet Zoning Bylaws, to be located in proximity to the place where the Local Produce Patch sign was previously located. It is understood that the Applicant will be required to obtain a permit from the Building Inspector in order to erect the sign.

Applicant further requests approval to change its existing window films to display the same content as the proposed sign.

Wil Sullivan moved the Board approves the request for a sign with the company logo and including a designation as a cannabis dispensary in accordance with Section 7: Signs of the Wellfleet Zoning Bylaw and approves the change in window films to display the same content as the proposed sign; seconded by Trevor Pontbriand.  VOTE:  Sharon Inger aye; Reatha Ciotti aye; Jan Morrissey aye; Wil Sullivan aye; and Trevor Pontbriand aye.  5-0

Condition 21: Within six (6) months of commencing operations, Applicant agrees to fund, in whole or in part, a feasibility study for traffic and safety improvements within the Route 6 right of way in an amount as determined by the Select Board. A copy of the feasibility study shall be provided to the Zoning Board of Appeals, who shall hold a public hearing on same and determine whether additional traffic or safety measures should be implemented at this Property and incorporated into this Decision.

Request: Applicant requests the Board to waive the Feasibility Study and eliminate Condition 21.

Trevor Pontbriand moved the Board approves the waiver of the Feasibility Study and the elimination of Condition 21; seconded by Reatha Ciotti.  VOTE:  Sharon Inger aye; Reatha Ciotti aye; Jan Morrissey aye; Wil Sullivan aye; and Trevor Pontbriand aye.  5-0

Condition 25: Applicant shall plant new native tree species in accordance with the Landscaping Plan dated 5/28/20. The existing perimeter vegetation will not be removed or modified. Together, the new and existing landscaping shall be maintained to form a natural vegetative barrier and shield the parking from adjacent streets and properties. Applicant shall replace and replant trees that do not thrive or survive two full planting seasons.

Request: Applicant requests the Board to waive or postpone the tree planting requirement.

Trevor Pontbriand moved the Board will postpone condition 25 and ask that the applicant return in 12 months to revisit the Landscaping Plan after the Bike Trail construction has been completed; seconded by Wil Sullivan.  VOTE:  Sharon Inger aye; Trevor Pontbriand aye; Wil Sullivan aye; Reatha Ciotti aye and Jan Morrissey aye.  5-0

Conditions 3, 19, 22, and 23

Applicant has satisfied the following conditions and would like that affirmed by the board.

Condition 3: Special Permit not to take effect until Applicant has obtained final licenses from the Cannabis Control Commission

Condition 19: Applicant’s windows be tinted or covered with a special film so that the products shall not be visible from the outside.

Condition 22: Lighting shall be installed on Property in accordance with the Lighting Plan dated 5/28/20.

Condition 23: Applicant shall install ADA -compliant wheelchair ramps at all pedestrian crossings internal to and serving the project site.

Jan Morrissey moved the Board affirms that the applicant has satisfied the above conditions; seconded by Wil Sullivan.  VOTE:  Jan Morrissey aye; Reatha Ciotti aye; Wil Sullivan aye; Sharon Inger aye and Sharon Inger aye.  5-0

8:40 pm               

22-04  Paul Dileo, 45 Way #035, Map 13, Parcel 12-3-A.  Application for a Special Permit under WZB 6.1.5.2(b) to construct a sunroom.  Jan Morrissey stated she has had some social interactions with Peter Comeau, Builder.  The Board consisted of Al Mueller, Jan Morrissey Trevor Pontbriand, Wil Sullivan, and Sharon Inger.  Also in attendance was Reatha Ciotti. The sunroom will be 12’ x 16’, unheated and be a total of 192 sq. ft.  On one corner it would be 14’ from the side setback.  There are exclusive use areas for each cottage in the back.  Wil Sullivan moved for Findings of Fact; seconded by Trevor Pontbriand.

The application is for a Special Permit to allow for an addition to the property of a 192 square foot addition which is hereinafter referred to as “the addition”.

The structure is entitled to a special permit because it is pre-existing non-conforming, having been built in 1950 according to the assessor’s records.

The current structure which is the subject of this application is one of three on a parcel of land containing three structures all held by separate title under a condominium created in 1985. Wellfleet Zoning bylaw requires 4,000 square feet per building unit. The current structure has 4,000 square feet. The Wellfleet Zoning Bylaw requires that each cottage be 25 feet from the others. This cottage is non-conforming as it is 24” from the neighboring cottage.

This cottage is 584 square feet. The addition of 192 square feet increases the coverage to 764 square feet which is within the limit of 768 square feet for a cottage in a cottage colony. 

The applicant has received an order of conditions from the condominium association which are incorporated into this special permit.

There were no appearances or letters for or against the project.

 The applicable provisions for this application under the Town of Wellfleet zoning bylaws are Section 5.4.2, Section 5.4 11, Section 6.1.5.2 b and Section 8.4.2.

The Board finds that the construction of the addition is not substantially more detrimental to the neighborhood than the existing non-conforming use.

          9.     Section 8.4.2.1:

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

B. The Board finds that the roads, drainage and other public utilities would not be affected by the addition.

C. The Board finds that the addition will not contribute to environmental damage.

            10. Section 8.4.2.2:

                        Not applicable

            11. Section 8.4.2.3:  

The Board finds that the building and site design will not adversely affect scenic views from public ways or neighboring properties.

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

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

8:50 pm

22-05 Parkington, 30 Kelly Way, Map 23, Parcel 219.1:  Application for a Special Permit under WZB 5.4.2 to construct a living room and mudroom addition within the setbacks   The Board consisted of Trevor Pontbriand Sharon Inger, Jan Morrissey, Wil Sullivan and Al Mueller.  Also in attendance was Reatha Ciotti,  The applicant requested to withdraw without prejudice and waive the filing fee for a future application identifying the correct bylaws.  The Board requested there be a $50 fee to cover public hearing costs and mailing costs to abutters.  Trevor Pontbriand moved to allow this application be withdrawn without prejudice and to waive the filing fee for a future application, other than $50 to cover town expense; seconded by Wil Sullivan.  VOTE:  Trevor Pontbriand aye; Sharon Inger aye; Jan Morrissey aye; Wil Sullivan aye and Al Mueller aye.  5-0.    

Business:  Chair Inger read a letter from Lora Kozak who thanked the Board for their work.

Meeting Minutes will be addressed at the next meeting.

Wil Sullivan moved to adjourn at 9:10 pm; seconded by Jan Morrissey.  VOTE:  Jan Morrissey aye; Wil Sullivan aye; Al Mueller aye; Trevor Pontbriand aye; Reatha Ciotti aye; Sharon Inger aye; and Jan Morrissey aye.  6-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents: 

Brown:  revised site plan and letter from condo association

Amendment for Cape Cod Cannabis:  amendment request and statistics

Dileo:  Application and back up materials

Parkington:  e-mail requesting a withdrawal without prejudice.