Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
April 28 2022 7:00 pm
Remote Meeting
Attendees Chair Sharon Inger, Mick Lynch, Manny Heyliger, Al Mueller, Trevor Pontbriand, Jan Morrissey, Reatha Ciotti, Wil Sullivan, and Andy Freeman,
7:00 pm
22-07B. 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., (Cont’d) The Board consisted of Mick Lynch, Wil Sullivan, Trevor Pontbriand, Manny Heyliger and Reatha Ciotti. John Rogulski, represented the applicant and stated he had provided a revised site plan. A letter from the Shurtleff’s supporting the project was recognized. The Board stated that due to the septic location, there was no other area to expand and determined this project was not detrimental to the neighborhood. Manny Heyliger moved for Findings of Fact; seconded by Wil Sullivan. Mick Lynch aye; Wil Sullivan aye; Trevor Pontbriand aye; Manny Heyliger aye and Reatha Ciotti aye. 5-0.
1. The applicant owns a single-family residential house situated in the R 30 District and proposes to remove the existing deck and construct a four-season room (18' x 20’) with an attached deck (20' x 20'), hereinafter referred to as the “the additional living space”. The existing house and deck currently conform to the front setback bylaw (30') but it is nonconforming in regard to the side setback in that the existing deck is 16.5' from the sideline when 25' is required under the current bylaw.
2. The applicable provisions for this application under the Town of Wellfleet Zoning Bylaws are Section 5.4.2, Section 6.1.5.1 b and Section 8.4.2.
3. Section 6.1.5.1 (b): The Board finds that the construction of the additional living 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 living space is suitable in that it is compatible with nearby land uses which would not be damaged by the construction of the additional living space.
B. The Board finds that the roads, drainage and other public utilities would not be affected by the construction of the additional living space.
C. The Board finds that the construction of the additional living 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 living space will not adversely affect scenic views from public ways or neighboring properties.
Mick Lynch moved the Findings of Fact; seconded by Manny Heyliger. Mick Lynch aye; Trevor Pontbriand aye; Reatha Ciotti aye; Wil Sullivan aye; and Manny Heyliger aye. 5-0. Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger. Mick Lynch aye; Trevor Pontbriand aye; Reatha Ciotti aye; Wil Sullivan aye; and Manny Heyliger aye. 5-0.
7:09 pm
22- 07 Wellfleet Historical Society & Museum, 300 Main Street, Map 46/1. Request for a Special Permit to request permission to place a sign on the pergola located at the base of the stairs in the parking lot of Town Hall. The Board consisted of Sharon Inger, Wil Sullivan, Manny Heyliger, Trevor Pontbriand and Mick Lynch. Eric Winslow spoke on behalf of the Historical Society and Museum. He stated the Board of Selectmen accepted the gift of the stairs and he was directed by the Building Inspector to come before the Board. Wil Sullivan stated this is an opinion and should not be treated as a special permit. Amy Roberts, an immediate abutter at 15 Harding Lane stated she had no problem with the sign; however, in 2018 she had to get an easement for the septic on her property and the staircase comes right by the corner bound and she is not sure what the liability is to her. The Board did not have a legal answer for her, and the town has to deal with the easement issue. There was discussion regarding Bylaw 7.3.2 and 7.7.6 and the Board did not feel they have any decision to make and will offer their opinion.
The stairs and sign are on Town property.
The sign is arch shape and measures 8 square feet.
The Historical Society has donated the stairs to the Town.
The Select Board approved the location of the stairs and sign at their meeting in August 2021.
Pursuant to Section 7.3.2 of the Zoning Bylaws:
Signs erected by the Municipal, County, State or Federal government as may be deemed necessary for their respective functions are exempted from the provisions of the Sign Bylaw.
As the sign is being erected for the purpose of directing traffic on Town property, the Board has no objection to the sign.
7:23 pm
19-12 Amendment, The Old Bank LLC, 10 Main St., Map 15, Parcel 1, Remove condition #1 to change hours of operation and #5 remove requirement of annual report of operations to the Board and other Town Officials. The Board consisted of Wil Sullivan, Trevor Pontbriand, Mick Lynch, Manny Heyliger and Al Mueller. Zachary Ment stated he would like to remove 2 conditions and would like flexibility for hours and stated reports are made with other boards in Town. He stated in the high season, he would like to open earlier in the morning and wants flexibility to set hours. Sharon Inger stated all the other competitors open at 8:00 am and close at 8:00 pm. He stated he does not want to be held to a different standard than the other competitors. Wil Sullivan stated we don’t tell businesses when they can open and close, and this business would have to stay within the guidelines of the State regulation for retail marijuana which are 8:00 am to 9:00 pm.
The Board then had a discussion regarding the annual report. Mr. Ment stated he reports annually to the Police Department and provides a report to the Board of Selectmen. Originally a condition was put in place that he had to provide a report to the ZBA. There was discussion if there was a change in ownership and management if the Piping Plover would have to come back to the ZBA. Mr. Ment responded that he would have to report to the Board of Selectmen.
The Board was in favor of changing the hours from 8:00 am to 8:00 pm. The Board agreed there was no need for an annual report for the ZBA. Mick Lynch moved for Findings of Fact; seconded by Wil Sullivan. Wil Sullivan aye; Trevor Pontbriand aye; Mick Lynch aye; Manny Heyliger aye and Al Mueller aye. 5-0.
This is an application to amend special permit 19-20.
The applicant wishes to remove condition one (1) of the special permit.
Condition 1 states that: “The adult use Marijuana Establishment shall be permitted to operate between the hours of 10 a.m. and 8p.m. for adult use marijuana retail purposes, provided that any customers in line at 8 p.m. are able to be served, but no new customers will be admitted after 8 p.m.
The board amends this condition to read: “The adult use Marijuana Establishment shall be permitted to operate between the hours of 8 a.m. and 8p.m. for adult use marijuana retail purposes, provided that any customers in line at 8 p.m. are able to be served, but no new customers will be admitted after 8 p.m.”
Mick Lynch moved to approve the amended hours of operation; seconded by Wil Sullivan.
VOTE: Mick Lynch aye; Trevor Pontbriand aye; Wil Sullivan aye; Manny Heyliger aye; and Al Mueller aye. 5-0.
The applicant wishes to remove condition five ( 5) of the special permit which reads:
“The applicant shall provide an annual report of its operations to the Board and other Town officials no later than January 31st of each year, including a copy of all current state licenses and demonstrating continued compliance with the conditions of this special permit. Any change in ownership of the property or change in management staff and individual with key access to the marijuana establishment shall also be reported within 30 days of such change. “
Mick Lynch moved to remove Condition #5; seconded by Wil Sullivan. VOTE: Mick Lynch aye; Trevor Pontbriand aye; Wil Sullivan aye; Al Mueller aye; and Manny Heyliger aye. 5-0.
8:08 pm
22-08 Albee, 85 Hiller Ave, Map 20, Paracel 76, Request for a Special Permit under WZB 6.1.5(b) to add a family room addition with deck system and basement under an existing non-conforming structure within the setbacks, The Board consisted of Wil Sullivan, Trevor Pontbriand, Manny Heyliger, Mick Lynch and Jan Morrissey. Jean Bowden represented the applicant and provided the history of the dwelling and the ownership. She stated the land was divided in the 1800’s. She stated the original dwelling was built in approximately 1920. In 1992 another dwelling was built on the property. The Albee’s want to live year-round on the property. Ms. Bowden stated both houses were there when they purchased it, and she is unaware how two homes were built on the property. The Board discussed how close the addition would be to the side setback, taking into consideration the private road (Highland Street). It is very wooded and the Albee’s own 20 feet of the unpaved road. Mr. Albee stated if they were to construct an addition in another location of the house, it would have to include changing the kitchen or other major renovation to the home. Carol Nelson, the abutter on the other side, had no objection to the expansion. The deck’s square footage is 224 sq. ft
Jan Morrissey moved for Findings of Fact; seconded by Wil Sullivan. Wil Sullivan aye; Trevor Pontbriand aye; Manny Heyliger aye; Mick Lynch aye; and Jan Morrissey aye.
This is an application for a Special Permit under the Wellfleet Zoning Bylaws (WZBL) to allow for a 320 sq. ft. family room addition with basement and a 224 sq. ft. deck system (hereby referred to as “the addition”) that will increase the intrusion into a side yard setback of a lawfully pre-existing nonconforming single-family dwelling.
The dwelling was built in 1992 according to the Assessor’s Office and is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in WZBL 8.2.2.
The lot is lawfully pre-existing nonconforming having been created in 1950 by combining multiple small lots that were originally created in an 1890 subdivision Plan of Sea Shore Lots.
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 two-story, four-room, 896 sq. ft. raised ranch residential structure with a drive under, 2-car garage and a deck located on a 19,840 sq. ft. nonconforming lot in the Residential (R1) Zoning District. A second, 768 sq. ft. dwelling, built in 1920 according to the Assessor’s Office, a deck and a 480 sq. ft. detached garage are also located on the lot.
The existing nonconformities regarding the structure are: intrusion into the rear setback (11.04 feet where 30 feet are required); intrusion into the side yard setback to the west (13.83) ft. where 25 feet are required); more than one dwelling on a lot; and an undersized lot (19,840 sq. ft. where 30,000 sq. ft. are required).
The applicable provisions for this application under the WBZL are sections 3.2 District Objectives; 4.1(5) Not more than one dwelling may be erected on a lot; 5.4.1 Minimum Lot Requirements; 5.4.2 Minimum Yard Requirements; 6.1.5.1(b) alteration of a nonconforming single-family residential structure that increases the nonconforming nature of the structure; 8.2.2 Nonconforming structures 10 years or older; and 8.4.2 Special Permits.
At the furthest point of the proposed addition, the intrusion into the side yard setback will increase to 2.3 feet from the property line. This intrusion faces an unimproved, wooded, private road that is not in use.
There will be a volumetric increase.
The addition will increase the building coverage to 12.4% (15% coverage is allowed).
There will be no change or increase in use.
There was one appearance and no correspondence in support of the application.
There were no appearances or correspondence in opposition to the application.
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 nonconforming 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.
Mick Lynch moved the Findings of Fact; seconded by Jan Morrissey. Mick Lynch aye; Jan Morrissey aye; Manny Heyliger aye; Trevor Pontbriand 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. Mick Lynch aye; Jan Morrissey aye; Manny Heyliger aye; Trevor Pontbriand aye; and Wil Sullivan aye. 5-0.
Business:
Manny Heyliger moved to approve the amended Meeting Minutes of 4/14/22; seconded by Al Mueller. Sharon Inger aye; Wil Sullivan aye; Trevor Pontbriand aye; Manny Heyliger aye; Mick Lynch aye; Reatha Ciotti aye; Al Mueller aye; Andy Freeman and Jan Morrissey aye. 9-0
8:45
Mick Lynch moved to adjourn; seconded by Trevor Pontbriand. Sharon Inger aye; Wil Sullivan aye; Trevor Pontbriand aye; Manny Heyliger aye; Mick Lynch aye; Reatha Ciotti aye; Al Mueller aye; Andy Freeman and Jan Morrissey aye. 9-0
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Shulenburg: ZBA application and back up materials
Wellfleet Historical Society and Museum: ZBA application and back up materials
Amendment, Zachary Ment: Letter and back up materials
Albee: ZBA application and back up materials