Approved ZBA meeting minutes

Meeting date: 
Thursday, December 8, 2022

Approved

Wellfleet Zoning Board of Appeals

December 8, 2022 7:00 pm

Zoom Remote Meeting

Attendees:  Chair Sharon Inger, Trevor Pontbriand, Jan Morrissey, Wil Sullivan, and Reatha Ciotti, Andy Freeman 

Regrets:  Manny Heyliger, Mick Lynch, and Al Mueller

7:00 pm

22-08 Amendment:  Albee, 85 Hiller Ave., Map 20, Parcel 76, Request for an amendment to create a more usable deck which will increase the footprint of the deck from 10’ x 20’ to 12’ x 20’, increasing the non-conforming side setback to 0.97”.   The Board consisted of Sharon Inger, Wil Sullivan, Trevor Pontbriand, Reatha Ciotti and Jan Morrissey.  Jean Bouden stated they would like to increase the size of the decking.  There will be no impact to any neighbors and no abutters made any statements.  The Board did not have any issues with the project.  Jan Morrissey brought up issues with the site plan which had conflicting numbers and didn’t match the legal advertisement.  Mr. Albee provided an explanation and stated the site plan is incorrect.  The Board requested a signed application with the correct legal advertisement as well as a new site plan identifying the correct numbers.  The Builder asked if he could start the project under his own “risk” if he asked the Building Inspector prior to the paperwork being presented to the Board.  Chair Inger noted that that was a matter for the Building Inspector, but the Board could not advise. Wil Sullivan moved to continue to January 12, 2023; seconded by Jan Morrissey.  VOTE:  Wil Sullivan aye; Trevor Pontbriand aye; Jan Morrissey aye; Reatha Ciotti aye/ and Sharon Inger aye.  5-0.

7:22 pm

22-26  The Mandell Family Realty Trust, C. Stevens Mandell and Gail J. Lamirande, Trustees and C. Stevens Mandell, Lauren B. Lush, Bonnie J. Sambor, Marion L. Fontaine and Dorothy G. Hebert; 41-43 9th St,, Map 154 and 155,  Application to construct a single family dwelling on a non-conforming lot.  Lot had been previously developed with a single-family residence which was destroyed by fire several years ago.  Proposed dwelling will conform to current setback criteria. This case is a remand from Land Court.  The Board consisted of Will Sullivan, Trevor Pontbriand , Sharon, Inger Reatha Ciotti and Jan Morrissey.  Chair Inger stated the Board had not received Building Plans, and there is a question as to who owns the property.  Attorney Kirrane stated this is a remand and the plans are the same as was presented in 2020.  Chair Inger stated the Board members do not keep building plans from previous years.  Ms. Fontaine stated the Mandell Family Trust has been dissolved. Steven Mandell and Gail Lamirande are no longer on the Trust.  The current owners are Lauren Lush, Bonnie Sambor, Marion Fontaine and Dorothy Hebert.  Chair Inger requested a letter be sent identifying the correct names.  Jan Morrissey questioned if we require a quit claim, and Town Counsel has advised that a letter is sufficient. Wil Sullivan questioned if the Conservation Commission was involved and Christine Bates, Committee Secretary, stated she believed it was before the Commission.  (After checking, it is not before the Conservation Commission as it was approved in 2020 and is still valid).  The ZBA is hearing this application as if it were a new application.   Trevor Pontbriand moved to continue to January 26, 2023; seconded by Wil Sullivan.  VOTE:  Trevor Pontbriand aye; Reatha Ciotti aye; Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye.  5-0.

Minutes:  Wil Sullivan moved to approve the amended meeting minutes of October 27, 2022; seconded by Jan Morrissey.  VOTE:  Trevor Pontbriand aye; Reatha Ciotti aye; Sharon Inger aye; Wil Sullivan aye; Jan Morrissey aye  5-0.

Wil Sullivan moved to adjourn at 7:50 pm; seconded by Trevor Pontbriand.  VOTE:  Reatha Ciotti aye; Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye and Reatha Ciotti aye.  5-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:  Albee:  Application for an Amended Special Permit and back-up materials

Mandel:  Application for a Special Permit and back up materials