Approved ZBA meeting minutes

Meeting date:

Thursday, October 13, 2022

Approved

Wellfleet Zoning Board of Appeals

October 13, 2022 7:00 pm

Zoom Remote Meeting

Attendees: Chair Sharon Inger, Trevor Pontbriand, Mick Lynch, Manny Heyliger, Jan Morrissey, Wil Sullivan, Andy Freeman, Reatha Ciotti, and Al Mueller

7:00 pm

22-21 Behan, 265 Ridgeway Road, Map 24, Parcel 146: Application for a NSP Special Permit pursuant to G.L. c. 40A, ss. 6 and 9 and WZB 6.1.5 and 8.4.2 and a variance from bylaws s. 5.4.2 (minimum yard requirements) pursuant to M.G.L.c. 40A, s. 10 and Bylaws s. 8.4.3 to relocate a pre-existing, non-conforming structure on a pre-existing, non-conforming lot at a location with a 2’ setback from the westerly property line and a 5’ setback from the northerly property line. This hearing is continued from August 25.

The Board consisted of Trevor Pontbriand, Mick Lynch, Manny Heyliger, Jan Morrissey and Andy Freeman. Attorney Zehnder explained why the application was filed for both a Special Permit and a Variance. Discussion took place regarding the merger of two lots and Attorney Zehnder stated the variance is for the new non-conforming setback. Attorney Valerie Moore, representing the immediate abutters, stated a variance from dimensional requirements in the NSP district should have been requested when the lots were merged. Since that didn’t happen, the newly formed lot is nonconforming. She stated variances are required for both the northerly and westerly setbacks. Zehnder provided history of the legal issues regarding a previous ANR with the Planning Board, etc. Attorney Moore argued the merger into a single lot does not render this is pre-existing, but is now nonconforming; it does not meet the requirements of the NSP District and there is a question about 4,000 s.f. of land which was taken by eminent domain; the new lot lacks the requisite frontage; and a Settlement Agreement from 2015 states any future alterations or movement will conform to the WZB and be subject to the Board of Appeals permitting process. She stated that the new building height calculations identify the roofline as being higher, this is an expansion of an existing dwelling as a new foundation will be added beneath the building and a portion of what is now an existing deck will result in additional square footage than what exists today; this will create a new southerly front yard setback intrusion; and the relocation will denude the landscape of existing vegetation. The proposed new septic system is seaward of the relocated dwelling and will succumb to erosion before the dwellings behind it.

Attorney Zehnder stated the dwelling will be turned around 90 degrees, the roof over the deck will be removed, the structure will be 5 feet away from Cliff Road instead of 2 feet. The house will be lowered into a foundation 2.8 feet lower than it currently is and will not change the Elbing’s view. There is existing vegetation within the Cliff Road area that will screen the houses.

Two letters from the Seashore were read into the record identifying their concerns.

Attorney Moore stated there is no hardship, this is not a primary residence, and the structures will have to be removed in the future due to erosion. Discussion took place regarding the ownership of the roads, parking, and property lines. Also discussed was the planned foundation versus using pilings for support. The basement would not be used for habitable space but to house the utilities and provide storage.

Mick Lynch moved to go to Findings of Fact; seconded by Manny Heyliger. VOTE: Mick Lynch aye; Manny Heyliger, aye; Jan Morrissey aye; Andy Freeman aye, and Trevor Pontbriand aye. Mick Lynch stated he would like to poll the Board before going to Findings of Fact due to the complexity of the application. Mick Lynch, Trevor Pontbriand, and Manny Heyliger indicated they would be inclined to vote in favor of the application; Jan Morrissey and Andy Freeman were inclined to vote in favor with conditions. Proposed Findings were reviewed with the Board and will be presented at a continued hearing. Attorney Zehnder requested a continuation to October 27, 2022. Mick Lynch moved to continue to October 27, 2022; seconded by Manny Heyliger. VOTE: Mick Lynch aye; Manny Heyliger, aye; Jan Morrissey aye; Andy Freeman aye, and Trevor Pontbriand aye. 5-0.

Mick Lynch stated he was leaving the meeting at 8:40 pm.

8:40 pm

22-22 Meader, 206 Holbrook Ave., Map 14, Parcel 16, Application for a Special Permit under WZB 6.1.5 for an alteration/extension for a second story and dormer on the north side of the structure within the setbacks. Work will also include installation of solar panels on the south facing roof. The Board consisted of Wil Sullivan, Trevor Pontbriand, Jan Morrissey, Sharon Inger, and Reatha Ciotti.

Ted Smith, architect, gave an overview of the project and stated this intrusion into the setback will not be more substantially detrimental to the neighborhood. A letter from Ms. Jenkins, abutter, supported the project. The Board expressed concern with the lack of required information on the site plan. Mr. Smith will provide a revised plan. Wil Sullivan moved for Findings; seconded by Trevor Pontbriand. Wil Sullivan aye; Trevor Pontbriand aye; Jan Morrissey aye; Sharon Inger aye; and Reatha Ciotti aye. 5-0.

The dwelling is entitled to treatment as a lawfully pre-existing, non-conforming structure having been built in 1820 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 residential structure, located on a lawfully pre-existing, nonconforming 12,657 sq. ft. lot in the R1 Residential District, where single family residential use is allowed by right.

The existing non-conformities are inadequate lot area (12,657 sq. ft. where 30,000 sq. ft. is required), inadequate frontage (135 feet are required; applicant did not provide existing frontage); intrusion into the front setback (7.2’ where 30 feet is required); and intrusion into both side setbacks (16.0’ on the northerly side and 19.6’ on the southerly side, where 25’ is required).

The applicable provisions for this application under the WBZL are: 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; and 8.4.2 Special Permits.

This is an application for a Special Permit under the Wellfleet Zoning Bylaws (WZBL) to add a 7’2” x 11’6” two (2) story addition and dormer (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 scope of work will also include installation of solar panels on the south facing roof.

The proposed addition will reduce the existing 16’0” northerly side setback to 8’10”. The proposed addition is set back from the front elevation of the structure, minimizing any impact from a public way, and the style of the addition is in keeping with the existing dwelling and incorporates well with the neighboring structures. The height of the proposed addition is 21’5” +/-, and the existing height of the structure is 23’0”.

There will be a volumetric increase.

There will be no change or increase in use.

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

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

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.

CONDITION FOR FINDINGS

The permit is granted subject to the following condition:

No building permit shall be issued until three (3) signed and dated copies of land surveyor Donald T. Poole’s existing and proposed Plan of Land with a zoning table included on the plans are filed with the building department.

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

9:00 pm

22-23 Coates and Scheibler, 10 First Avenue, Map 30, Parcel 120, Application for a Special Permit under WZB 6.1.5.1(b) for an addition of 10’ x 21’ at the north end of the garage within the setback. The Board consisted of Al Mueller, Manny Heyliger, Trevor Pontbriand, Will Sullivan and Andy Freeman.

Ron Slowek represented the applicant and provided an overview of the project. He provided information on the setbacks, the lot coverage, and other pertinent information. The septic system will be updated to an enhanced I/A septic system. The Board explained to Mr. Slowek that the site plan(s) lacked information which is required for a filing, and he stated he would get with the engineering firm to get a revised plan. Manny Heyliger moved to continue to Oct 27, 2022; seconded by Al Mueller. VOTE: Al Mueller aye; Andy Freeman aye; Manny Heyliger aye; Trevor Pontbriand aye; and Wil Sullivan aye. 5-0.

Al Mueller moved to approve the amended 9/22/22 meeting minutes; seconded by Manny Heyliger. VOTE: Al Mueller aye; Andy Freeman aye; Reatha Ciotti aye; Manny Heyliger aye; Trevor Pontbriand aye; Wil Sullivan aye, Sharon Inger aye; and Jan Morrissey. 8-0.

Wil Sullivan moved to adjourn at 9:40 pm; seconded by Al Mueller. VOTE: Al Mueller aye; Andy Freeman aye; Reatha Ciotti aye; Manny Heyliger aye; Trevor Pontbriand aye; Wil Sullivan aye, Sharon Inger aye; and Jan Morrissey. 8-0.

Christine Bates, Committee Secretary

Documents:

Behan: amended plans

Meader: application and back up

Coates & Scheibler: application and back up