Approved ZBA meeting minutes

Meeting date: 
Thursday, June 9, 2022

Approved

Wellfleet Zoning Board of Appeals

June 9, 2022  7:00 pm

Zoom 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

22-12  Stern, 215 Pilgrim Spring Road, Map 29, Parcel 251:  Application for a Special Permit under WZB 6.1.5.1(b) to increase the non-conforming nature of cottage by constructing a 61.67 sq. ft. addition to the west side of the structure (current square footage is 489) .  The Board consisted of Mick Lynch, Wil Sullivan, Trevor Pontbriand, Andy Freeman and Manny Heyliger.  Ms. Stern provided the history of the cottage and stated they wanted to enlarge the bedrooms.  A letter from the Association approved the project and the owners of cottage #2 had no objection.   Trevor Pontbriand stated the drawings are not what we normally accept and Ms. Stern stated that the Building Inspector approved them when the original plans were presented to him.  There will be a volumetric increase of the existing intrusion into the front setback.  The Board felt that the dimensions can be part of the Findings of Fact.  Mick Lynch moved for Findings of Fact; seconded by Andy Freeman.  VOTE:  Mick Lynch aye; Andy Freeman aye; Trevor Pontbriand aye; Manny Heyliger aye; and Wil Sullivan aye.  5-0.

This is an application for a Special Permit under Wellfleet Zoning Bylaw 6.1.5.1 (b) to increase the non-conforming nature of a cottage by constructing a 61.67 square foot addition to the west side of the structure.  The current square footage of the cottage is 489 square feet.

The lot is in the R1 District.

The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1940 according to the Assessor’s Office.  It is part of the Pilgrim Acres Condominiums.

The existing non-conformity regarding the structure is intrusion into the front setback (27.75’ where 30’ is required.).

There will be a volumetric increase of 61.67 square feet on the front setback. The addition will be 40 inches by 18 feet. The unit will remain conforming in being at least 25 feet from the neighboring cottage.

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

The project has received approval from the board of the Pilgrim Acres Condominium Association.

There was one letter in support of the application from an abutter.

The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming (structure/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.

Manny Heyliger moved the Findings of Fact; seconded by Mic Lynch.  VOTE:  Andy Freeman aye; Trevor Pontbriand aye; Mick Lynch aye; Manny Heyliger aye; and Wil Sullivan aye.  5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Andy Freeman.  VOTE:  Andy Freeman aye; Mick Lynch aye; Trevor Pontbriand aye; Wil Sullivan aye; and Manny Heyliger.  5-0.

The May 25, 2022 meeting minutes will be reviewed at the July 14, 2022 meeting.  Chair Inger stated there would be an Executive Session starting at 6:30 pm with Town Counsel prior to the July 14, 2022 meeting. 

Mick Lynch moved to adjourn at 7:30 pm; seconded by Andy Freeman.  VOTE:   Andy Freeman aye; Mick Lynch aye; Trevor Pontbriand aye; Wil Sullivan aye; Manny Heyliger aye; Al Mueller aye; Jan Morrissey aye and Reatha Ciotti aye.   9-0

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:  Stern, Application for a Special Permit and back up materials