Approved ZBA meeting minutes

Approved

Wellfleet Zoning Board of Appeals

May 26, 2022 7:00 pm

Remote Meeting via zoom

Attendees    Chair Sharon Inger, Mick Lynch, Wil Sullivan, Trevor Pontbriand, Jan Morrissey, Wil Sullivan, Andy Freeman, and Christine Bates, Committee Secretary

Regrets:  Reatha Ciotti and Manny Heyliger

7:00 pm

22-10  Wilson, 170 Route 6 State Hwy, Map 47, Parcel 39, Application for a Special Permit under WZB 6.1.1 and MGL 40A s6, to alter the location of use but not extend a pre-existing nonconforming restaurant use by permitting a kitchen trailer on site.  Alternatively, applicant requests a Special Permit under WZB 6.1 allowing expansion of a pre-existing nonconforming accessory restaurant use for the pre-existing nonconforming motel use.  Attorney Marian Rose represented the applicant.  The Board consisted of Sharon Inger, Mick Lynch, Wil Sullivan, Trevor Pontbriand, and Jan Morrissey.  Attorney Marian Rose provided the background for the request and stated Mr. Wilson has run the motel/restaurant for the past 30 years.  At the beginning of Covid, a tent was installed and is still in use.  A tent permit has been requested for this season from both the Fire Department and the Building Department.  There is a 50-seat maximum capacity at any one time.  She stated that the current kitchen is very small and has been serving both the indoor and outdoor area.  The trailer will not be a walk-up and will have servers for the customers.  She stated that they may expand the indoor kitchen at some future time, and this trailer will allow food and drinks to be served more quickly.  She doesn’t feel a Special Permit is required because the use is still the same and the 50 seats will not be increased.   New plantings will be added.  Letters of support were read into the record from 7 abutters.  There was discussion regarding how far the restaurant kitchen is from the tent as well as the café.  Ted Wilson stated the tent will be more efficient and easier for staff.  The trailer will not be used as a Food Truck but as an auxiliary kitchen.  Further discussion between Board members included wheels on the trailer, the trailer not having a motor, service to the café from the trailer, the definition of a Food Truck, and concern that other businesses will want a Food Truck / Trailer. The applicant stated that his customers still prefer to eat outside because of concerns about Covid.   

Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand.

The lot is in the R2 District.

The use is lawfully pre-existing, nonconforming having been granted a special permit on December 17, 1981, by the Wellfleet Zoning Board of Appeals.

The applicant wishes to place a food trailer adjacent to the tent area on the property to serve diners who choose to eat in the tent.

There will be no intrusion into the setbacks and the addition of the trailer would not exceed building coverage limitations (3.1% existing, 3.5% proposed where 15% is allowed.)

There will be no increase in use as the applicant does not propose to add additional dining space. The current capacity of 50 seats will remain.

Food trucks are not allowed on private property in the R2 district except for a limited (24-hour) period.) 

The food trailer, while meeting many aspects of the definition of food truck under the Wellfleet Zoning Bylaw is proposed to be stationary and not readily movable. Further, food will not be sold from the trailer but sold in the restaurant and prepared in the trailer.

The applicant has agreed that the food trailer will provide meals to diners in the existing dining room as well as diners in the existing tent.

There were seven letters in support of the application.

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

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

The use contributes to the diversity of services available.

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

The Board has found that pursuant to WZBL 8.4.2.3:

Scenic views from public ways and developed properties have been considerately treated.

Reasonable efforts have been made to minimize visibility of parking and service areas from public streets.

Traditional public access to or along the shoreline has been maintained.

Condition:

If the dining tent is, at some point, permanently removed, the food trailer would also be removed.

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

NOTE:  Mick Lynch left the meeting and Andy Freeman recused himself from the next hearing. 

8:00 pm

22-11 Buckley, 680 Gull Pond Rd., Map 9, Parcel 626, Applicants seeks a NSP special permit pursuant to M.G.L. c 40A, s.9 and WZB 6.1.5, 6.24, and 8.4.2 to intensify a pre-existing, non-conforming NSPGFA on a pre-existing, non-conforming lot (lot area) to alter a conforming dwelling by constructing a 227 sq. ft. addition.  The Board consisted of Wil Sullivan, Trevor Pontbriand, Al Mueller, Sharon Inger, and Jan Morrissey. 

Attorney Ben Zehnder represented Ms. Buckley.  He stated an addition was built in 2016 and did not come before the ZBA.  He stated that the basement area is not habitable. This application is for an added bathroom to the home and does not change the intensity or use of the dwelling.  The 2016 addition exceeds the allowable National Seashore Park Gross Floor Area (NSPGFA) for the lot.  The Board stated that the square footage of the house is over what is allowed, but the basement has no windows or egress and will not be finished because it houses the mechanical elements.  There was no response from the National Seashore.   Al Mueller moved for Findings of Fact; seconded by Wil Sullivan.  VOTE:  Sharon Inger aye; Trevor Pontbriand aye; Al Mueller aye; Jan Morrissey aye; and Wil Sullivan aye 5-0.  Wil Sullivan moved to waiver the need for a certified site plan; seconded by Al Mueller.  VOTE:  Al Mueller aye; Sharon Inger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Wil Sullivan aye 5-0.

     1. The applicants own a single-family residential house situated in the National Seashore Park District (NPS) and propose to construct an addition of 227 sq. ft. (hereinafter referred to as “the addition”) on the northeast side of the existing structure for purposes of expanding an existing bedroom and adding a bathroom. 

     2. The structure is situated on a pre-existing non-conforming lot containing 77,300 sq. ft.  Under Wellfleet Zoning Bylaw 5.4.1 the minimum lot size in the NSP District is 3 acres.

        3.  Under Wellfleet Bylaw Section 5.3.1, lots with lot areas between 40,001 ft.² and 84,000 ft.² are allowed a maximum NSPGFA of 2500 ft.² plus 1.43% of the lot over 42,000 ft.². The lot under consideration contains 77,300 ft.² and thus the maximum allowable NSPGFA for the property as a whole is 3005 ft.².  Under section 5.4.3.1 footnote 28, the maximum area of a dwelling is 2800 ft.².

    4. At the time of the adoption of the bylaw in 2008, the NSPGFA was 4.067 square feet (2,138 square feet of living area on the first floor and 1,929 square feet on the basement floor).

      5. In 2016 two additions were made to the structure adding 1048 sq. ft. While these additions were made pursuant to building permit, the applicants and apparently the then Building Inspector were unaware that a special permit should have been requested as the allowable square footage of structures under Wellfleet Bylaw 5.4.3.1 was exceeded.

    6. The existing structure currently contains 5.115 sq. ft. and is therefore non-conforming in that it exceeds the allowable square footage permitted in the NSP District. In the event that the applicants are permitted to make the requested improvements the NSPGFA of the dwelling would be 5342 sq, ft.

    7. There were no appearances and no correspondence in support of the application.

    8. There were no appearances and no correspondence in opposition to the application.

    9. There were no objections from abutters, and it was noted there was no response from the National Seashore to this application.

    10. The applicable provisions for this application under the Town of Wellfleet Zoning Bylaws are Section 5.4.1, Section 6.1.5.1 b, Section 6.24 and Section 8.4.2.

    11. 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.

   12. Section 8.4.2: The Board finds that the benefits derived from the construction of the additional living space outweigh any adverse effects from said construction.

   13. 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.

   14. Section 8.4.2.2:

         Not applicable

   15. 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.

National Seashore Park Special Permit Standards and Criteria:

          1. The Board finds that the applicants do not propose any grade changes or removal of native vegetation or soil. The only earth removal proposed is an approximately 12' x 19' section where the bedroom addition will be located. There is no native vegetation in this section.

           2. The Board finds that the applicants do not proposed construction on any steep slopes, flood plains, hilltops, dunes, coastal banks, scenic views, or wetlands. The location of the addition does not obstruct any potential water or other scenic views from publicly accessible locations.

           3. The Board finds that there are no unusual or rare natural and/or historic features that need preservation.

            4. The Board finds that the construction of the addition will not impact environmental resources including groundwater quality and surface water considerations.

            5. The Board finds that the applicants do not propose any new exterior lighting, decks or patios.

          6.  The Board finds that the requested additional 207 ft.² of floor space would exceed the Cape Cod National Seashore’s 50% gross floor area use guideline. In order for the Board to grant the relief requested by the applicants, the Board must find that the development shall not have a significant adverse impact on the scenic views or on the prevailing scale, mass and character of the neighborhood and zoning district.

          7.  The Board finds that the relief requested by the applicants does not

 have a significant adverse impact on the scenic views or on the prevailing scale, mass and character of the neighborhood and zoning district.

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

Business:  none

Wil Sullivan moved to approve the amended May 12, 2022, meeting minutes; seconded by Andy Freeman.  VOTE:  Al Mueller aye; Wil Sullivan aye; Jan Morrissey aye; Andy Freeman aye; Sharon Inger aye; and Trevor Pontbriand aye. 

Wil Sullivan moved to adjourn at 8:20 pm; seconded by Andy Freeman.  VOTE:  Al Mueller aye; Wil Sullivan aye; Jan Morrissey aye; Andy Freeman aye; Sharon Inger aye; and Trevor Pontbriand aye.  6-0. 

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Wilson:  Request for a Special Permit with back up materials

Buckley:  Request for a Special Permit with back up materials