Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
January 12, 2023
Participants: Sharon Inger, Wil Sullivan, Trevor Pontbriand, Manny Heyliger, Mick Lynch, Jan Morrissey, Reatha Ciotti, Andy Freeman 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”. (Cont’d from 12/08/22) The Board consisted of Jan Morrissey, Sharon Inger, Reatha Ciotti, Trevor Pontbriand and Wil Sullivan. It was confirmed the deck will be 92 sq. ft. Wil Sullivan moved for Findings of Fact; seconded by Jan Morrissey. VOTE: Reatha Ciotti aye; Trevor Pontbriand aye; Sharon Inger aye; Wil Sullivan aye and Jan Morrissey aye. 5-0
This is an application to Amend Special Permit 22-08, which was issued on 4/28/22 by the Wellfleet Zoning Board of Appeals (hereby referred to as “the Board”) under the Wellfleet Zoning Bylaws (WZBL).
The Board incorporates by reference its Findings and Decision in case 22-08.
The modification requested is to add 92 sq, ft. to a previously approved deck system that is currently under construction.
As shown in the revised site plan dated 1-3-2023, the deck system under construction is 238 sq. ft., and the proposed deck area is 330 sq. ft.
The Board has received and reviewed the plans and drawings pertaining to the modification, all of which are in the file.
The Board has made a site inspection of the subject lot.
At the furthest point of the proposed modification, the intrusion into the side yard setback will increase from 2.3 feet from the westerly property line to .97 feet. This intrusion faces an unimproved, wooded, private road that is not in use.
The applicable provisions for this application under the WBZL are sections 3.2 District Objectives; 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.
There will be no change or increase in use.
There were no appearances or correspondence in support of or in opposition to the project.
There were no objections from the abutters.
WZBL 3.2: The Board finds that the use conforms with the objectives of the R1 District as stated in WZBL 3.2.
WZBL 6.1.5.1 (b): The Board finds that the modification will not be substantially more detrimental to the neighborhood than the existing nonconforming structure.
WZBL 8.4.2: The Board finds that the applicant has demonstrated that the benefits of the modification will outweigh any adverse effects on the Town and the vicinity; that the modification is suitable in that it is compatible with nearby land uses which would not be damaged by the construction of the modification; that the modification will not contribute to environmental damage; that the roads, drainage, and other public services are adequate for the modification; that the modification 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: The applicant will provide a revised site plan with consistent numbers for the proposed deck square footage.
Wil Sullivan moved the Findings of Fact; seconded by Jan Morrissey. VOTE: Sharon Inger aye; Trevor Pontbriand aye; Reatha Ciotti aye; Wil Sullivan aye, and Jan Morrissey aye. 5-0. Wil moved to grant the Amendment to the Special Permit; seconded by Jan Morrissey. VOTE: Jan Morrissey aye; Sharon Inger aye; Wil Sullivan aye; Reatha Ciotti aye; and Trevor Pontbriand aye. 5-0.
7:20 pm
23-01 Outer Cape Health Services, Inc. 2700 State Highway Route 6, Map 15, Parcel 142, Application for a Special Permit under WZB 5.3.4 for the addition of a Health Care Clinic and additional parking spaces. The Board consisted of Trevor Pontbriand, Al Mueller, Jan Morrissey, Sharon Inger and Reatha Ciotti. Chair Inger stated the application is required to go before the Planning Board due to the Development of Significant Impact for additional parking spaces. Trevor Pontbriand moved to continue the case to January 26, 2023; seconded by Reatha Ciotti. VOTE: Jan Morrissey aye; Al Mueller aye; Trevor Pontbriand aye; Sharon Inger aye and Reatha Ciotti aye. 5-0
Jan Morrissey moved to adjourn the Public Hearings at 7:25 pm. Seconded by Wil Sullivan VOTE: Jan Morrissey, aye; Wil Sullivan aye; Mick Lynch aye; Manny Heyliger aye; [MOU1] Al Mueller aye; Reatha Ciotti aye; Andy Freeman aye; Treavor Pontbriand; and Sharon Inger aye. 9-0
Chair Inger announced the ZBA was going into Executive Session at 7:30 pm.
Executive Session pursuant to G. L. c. 30A, Sec. 21(a)(3) “To discuss strategy with respect to … litigation if an open meeting may have a detrimental effect on the … litigating position of the public body and the chair so declares with respect to Keven Sexton Trustee v ZBA Land Court Case No. 21 MISC 000457, regarding the property located at 420 LeCount Hollow Road.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents: Albee: revised site plan
Outer Cape Health Services: application and back up material
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