Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
October 27, 2022 7:00 pm
Zoom Remote Meeting
Attendees: Chair Sharon Inger, Trevor Pontbriand, Mick Lynch, Manny Heyliger, Jan Morrissey, Wil Sullivan, and Reatha Ciotti.
Regrets: Andy Freeman and Al Mueller.
7:45 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. Cont’d from 10/13) The Board consisted of Trevor Pontbriand, Manny Heyliger, Mick Lynch, Jan Morrissey, and Sharon Inger, subbing for Andy Freeman. A certificate was signed by Ms. Inger regarding being in attendance but not being a member of the voting board for the first two hearings of this case.
This meeting is for Findings of Fact only, there will be no further discussion regarding the application.
Chair Inger had supplied the Board members the Findings of Facts and requested they recommend any additions / amendments to them. Board members requested Attorney Zehnder as well as Attorney Turano-Flores, who represented abutters, to clarify certain aspects of the Findings of Fact. There was discussion regarding the 2016 appeal, explanations of the merging of property, usage of the road, the environmental impacts to the site, the requirement of a variance, and on-going erosion.
Manny Heyliger moved to go to Findings of Fact; seconded by Mick Lynch. VOTE: Manny Heyliger aye; Mick Lynch aye; Jan Morrissey aye; and Sharon Inger aye. 5-0.
The lot is in the NSP District.
The property contains two dwellings. Dwelling 1, in the southwest corner of the property, was first built in or about 1935 according to Assessor’s records and was reconstructed pursuant to a special permit granted by this Board in 2013 in matter no.13-25. Dwelling 2 is northeasterly of Dwelling 1 and was also built in or about 1935 according to Assessor’s records.
The existing non-conformities regarding the structures are inadequate lot area (40,000 square feet per the 9/23/22 site and sewage plan stamped by John Z. Demarest Jr. where three acres is required), intrusion into the front setback, intrusion into the both side setbacks, excessive building coverage, inadequate frontage, and having two dwellings on a single lot.
The applicant proposes to relocate the structure at 265 Ridgeway Road to the northwesterly corner of the lot adjacent to the intersection of Cliff and Pilgrim Roads, rotating the house’s orientation approximately 90 degrees and placing it on a foundation.
The applicant proposes adding a new foundation beneath the building and a portion of what is now an existing deck.
The only other alteration will be the removal of a roof deck.
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 two site inspections of the subject lot.
There will be no change in use.
There will be no increase in use.
The use conforms with the objectives of the NSP District as stated in WZBL 3.2.
There were no appearances or correspondence in support of the application.
There was one appearance in opposition to the application from the nearest abutter and the abutter’s attorney.
The National Park Service has expressed concern about the intensity of use that will be a result of the proposed move and has requested that conditions be added to the permit as noted below.
The Board has found pursuant to WZBL 6.1.5.1 (b) that the addition will not be substantially more detrimental to the neighborhood than the existing non-conforming structures.
The Board has found that pursuant to WZBL 8.4.2:
Nearby land uses will not be damaged by the use.
Roads, drainage, and other public services are comparable with those of surrounding properties
The location of the property is inherently sensitive to coastal erosion, but no other environmental issues have been raised.
8.4.2.2 is not applicable.
There will be no change in scenic views from public ways.
The Board has found pursuant to 8.4.3 criteria for a variance:
The lot is directly next to the coastal bank and is subject to coastal erosion
A literal enforcement of current setback requirements would lead to the applicant’s being required to demolish the house, a substantial financial hardship.
Desirable relief may be granted without substantial detriment to public good.
Desirable relief may be granted without nullifying or derogating from the bylaw because the lots in this development are small, were created before the adoption of zoning, and the non-conformities apply to all lots in the subdivision.
The Board has found pursuant to Bylaw 6.24.3 NSP Zoning district:
The applicant will not change the grade at or adjacent to the property or remove any native vegetation or soil except as necessary to relocate the property.
There will be no construction on any sleep slope, flood plain, hilltop, dune, coastal bank, scenic view, or wetland.
There are no publicly accessible scenic views from the private ways around the locus.
There are no unusual or rare natural or historic features at the property.
There will be no interference with existing legal access.
Environmental resources will be protected.
There will be no new lighting.
There will be no increase in the size of the dwelling.
Conditions
The variance and permits are granted subject to the following conditions:
The landowner will take responsibility for pumping septic tanks and removing all structures, decks, wells and foundations when coastal erosion threatens their imminent destruction.
The landowner will delineate NPS land and relocate the split rail fence to the property line, so that as the lot size diminishes due to coastal erosion, there will be no encroachment on park land.
Landscaping equipment, garbage cans, and parking that extends onto NPS land must be removed.
There will be no habitable space created in the basement created by the new foundation.
Cliff Road which separates the new Dwelling 2 location from the nearest abutter will remain fully vegetated. The property owner will take before and after pictures to be provided to the building inspector before the certificate of occupancy is issued after the move.
Mick Lynch moved the Findings of fact; seconded by Manny Heyliger. VOTE: Manny Heyliger aye; Mick Lynch aye; Sharon Inger aye; Jan Morrissey aye; and Trevor Pontbriand aye. 5-0
Mick Lynch moved to grant the Special Permits and Variances based on the Findings of Fact; seconded by Trevor Pontbriand. Manny Heyliger aye; Sharon Inger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Mick Lynch aye. 5-0.
8:17 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 Cont’d from 10/13. The Board was Manny Heyliger, Trevor Pontbriand, Wil Sullivan, with Jan Morrissey replacing Andy Freeman and Sharon Inger replacing Al Mueller. Certificates were signed by Ms. Inger and Ms. Morrissey regarding being in attendance but not being members of the voting board at the first hearing of this case.
The Board had requested a revised plan be provided identifying the setbacks, lot coverage, and pertinent information for the file. Manny Heyliger moved for Findings of Fact; seconded by Trevor Pontbriand. Trevor Pontbriand aye; Manny Heyliger aye; Wil Sullivan aye; Sharon Inger aye; and Jan Morrissey aye. 5-0.
The lot is in the R1 District.
The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2
The existing non-conformities regarding the structure are intrusion into the front setback (11.2 feet where 30 feet is required), intrusion into the side setback (7.8 feet where 25 feet is required).
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.
There will be a volumetric increase on both the front and side setbacks. The addition will be 19.1 feet rather than 30’ from the front.
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.
There were no appearances or correspondence in support of or in opposition to the application.
The roads, drainage, and other public services are adequate for the project.
The project has received approval from the Conservation Commission/Board of Health.
There will be an increase in building coverage from 7.1% to 8.13%.
The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
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 Wil Sullivan. Manny Heyliger aye; Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; and Trevor Pontbriand aye. 5-0.
Wil Sullivan moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger. Manny Heyliger aye; Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; and Trevor Pontbriand aye. 5-0.
7:04 pm
22-24 Ruehli & Haggerty, 30 Lookout Road, Map 35, Parcel 3, Application for a Special Permit under WZB 6.1.5 to renovate within the existing footprint of a single-family dwelling which is pre-existing, nonconforming as to height (31’) and floor count (3) by raising the lower level to meet FEMA standards, adjusting the roof line to make the proposed height less non-conforming (29’ proposed, 31’ existing) and merging the existing 2nd and 3rd floors to make the proposed number of floors (3) no more non- conforming. (ZBL 6.1.5.1(b) and 5.4.4.
The Board consisted of Manny Heyliger, Mick Lynch, Wil Sullivan, Sharon Inger and Reatha Ciotti.
Marian Rose of Singer and Singer Law offices represented the applicant. She reviewed all the pertinent data regarding the conformities and non-conformities of the dwelling and the property. She stated the floor needed to be raised based on the elevation required for FEMA standards. She stated there were several discussions with the Building Inspector to meet the FEMA standards as well as Wellfleet Bylaws. The height will be reduced to 29’ from 31’ which is grandfathered. She stated the basement will count as a floor and the other floors were compressed and the dwelling will remain 3 floors. Ms. Rose stated the Conservation Commission approved the project which includes an enhanced I/A septic system. She reviewed the various bylaws and how the project will not impact the neighborhood.
There was discussion regarding the height of the foundation as well as the roofline. The Board questioned why the accessory building was not going to be moved as well since it is on the property setback line, and it was noted that was not part of the application. Brad Melo, engineer, stated that all work will be done within the footprint. The wood-frame structure will be separated from the basement, holes will be cored into the foundation, fill will be placed in the basement and a new floor will be placed on top. Due to the new construction and raising of the dwelling, FEMA requirements are met. A question arose regarding the 60 sq. ft. for the stairs and Mr. Melo stated this is a landing for an egress which would not be counted as lot coverage.
Wil Sullivan moved for Findings of Fact; seconded by Mick Lynch. Wil Sullivan aye; Reatha Ciotti aye; Mick Lynch aye; Manny Heyliger aye, and Sharon Inger aye. 5-0.
1. The applicants own a single-family house located in the R1 zoning district. The property is pre-existing nonconforming as to lot size (30,000 ft.² is required and 29,040 ft.² exist), building height (28 feet is the maximum allowed and the existing height is 31 feet) and the number of floors (two floors maximum allowed and three floors, which include a basement) existing.
2. The applicants propose to raise the entire structure to meet current FEMA requirements. The existing footprint will be maintained, the basement will, post construction, be deemed a floor and the existing second and third floors will be combined keeping a three-story structure. The building height will be reduced from 31 feet to 29.5 feet. There will be no change in building coverage which is currently 4.3%, well under the mandated 15%.
3. There were no appearances or correspondence in support of or in opposition to the application.
4. The Project has received Conservation Commission approval.
5. Section 6.1.5.1 (b) The Board finds that the renovations are not substantially more detrimental to the neighborhood than the existing non-conforming structure.
6. Section 8.4.2.1:
A. The Board finds that the renovations are suitable in that it is compatible with nearby land uses which would not be damaged by the renovations.
B. The Board finds that the roads, drainage and other public utilities would not be affected by the renovations.
C. The Board finds that the renovations will not contribute to environmental damage.
7. Section 8.4.2.2:
Not applicable
8. Section 8.4.2.3: The Board finds that the renovations 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; Wil Sullivan aye; Manny Heyliger aye; Sharon Inger aye and Reatha Ciotti aye. 5-0.
Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Wil Sullivan. Manny Heyliger aye; Mick Lynch aye; Sharon Inger aye; Wil Sullivan aye; and Reatha Ciotti aye. 5-0.
Business:
Chair Inger reported a judge determined the Board had correctly granted a permit for the four homes for Habitat for Humanity on Old Kings Highway.
The Court determined the Board will be hearing the Mandell application as a new hearing. – court states it will be remanded for consideration by the Board.
Minutes: Wil Sullivan moved to approve the amended 10/13/22 meeting minutes; seconded by Mick Lynch. Wil Sullivan aye; Sharon Inger aye; Mick Lynch aye; Manny Heyliger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Reatha Ciotti. 7-0.
Manny Heyliger moved to adjourn at 8:30 pm; seconded by Mick Lynch. Wil Sullivan aye; Sharon Inger aye; Mick Lynch aye; Manny Heyliger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Reatha Ciotti. 7-0.
Respectfully submitted
Christine Bates
Documents:
Behan – draft Findings of Fact from Attorney Turano-Flores and Attorney Ben Zehnder
Coates & Scheibler – revised site plan
Ruehli and Haggerty – application and back up materials