Approved ZBA meeting minutes

Meeting date:

Thursday, January 26, 2023

Approved

Wellfleet Zoning Board of Appeals

January 26, 2023

Participants: Sharon Inger, Wil Sullivan, Trevor Pontbriand, Manny Heyliger, Jan Morrissey, Reatha Ciotti, and Al Mueller

Regrets: Andy Freeman and Mick Lynch

7:00 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 (Cont’d to 02/09/23 for Planning Bd review). The Board consisted of Jan Morrissey, Sharon Inger, Al Mueller, Reatha Ciotti and Trevor Pontbriand. Al Mueller moved to continue to 2/9/23 after the Planning Board has had a chance to review the material; seconded by Jan Morrissey. VOTE: Sharon Inger aye; Trevor Pontbriand aye; Reatha Ciotti aye; Al Mueller aye and Jan Morrissey. 5-0.

7:03 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. (Cont’d from 12/08/22). The Board consisted of Sharon Inger, Wil Sullivan, Trevor Pontbriand, Jan Morrissey and Reatha Ciotti. Sharon Inger stated the Board had received the owners authorization from their attorney as requested. Attorney Kirrane, representing JB Construction, provided the background on the property and stated that the Land Court handed down the decision that the Board could review the project under 6.1.5 for a Special Permit. There was an existing structure built in the early 1900’s and was non-conforming to our current bylaws. It was serviced by a cesspool. The new project in front of the Board meets all standards, was approved by the Conservation Commission, and the septic will be upgraded. There will be no increase in the bedroom count, no impact on views or on roads, drains, etc.

Abutter Thaler’s attorney, Sarah Turano-Flores, wrote a letter regarding adverse impacts to the environment and there is a problem with saline and salt which affects the wells of most of the properties located there. She forwarded a letter written by Seth Wilkinson, Certified Ecological Restoration Practitioner and principal of Wilkinson Ecological Design, and requested he be able to speak to the environmental concerns. She “shared” a screen identifying the parcels and identified the potential view issues and the size of the proposed dwelling. She emphasized that the Conservation Commission decision was not appealed because the ZBA did not make a decision. There are legal requirements regarding the easement issue and the easement is vital to preserving the bank for the Thaylers, which is not in the zoning authority. She questioned if the ZBA should consider vegetation and water quality. She identified in a photograph the vegetation which will be removed in order to build the house. Stone revetments are not allowed and the Thaylers use an array of fiber rolls which protect their property. She stated the ground water will be impacted due to the size of the proposed house. Seth Wilkinson stated he has been engaged with this area for over 11 years. He stated he has concerns with the amount of vegetation which will be removed as well as the replanting plan. This area is a high velocity zone and is a top concern for erosion. The majority of the plants to be removed will take approximately 10 years to replace the root system support of the new plants. New root systems are a couple of inches deep. If the fiber roll array is not kept up, there would be approximately a 2-foot erosion rate per year.

After discussion the Board requested a site plan that identifies the location of the previous structure and identifies the setbacks for the new construction along with lot coverage. They would like a copy of the Order of Conditions from the Conservation Commission. The Board requested further information on the square footage of habitable space, the basement and entryway, drainage and runoff for the eves. Attorney Kirrane will confirm and respond to all the concerns. Christine Bates will provide all correspondence / minutes from the Conservation Commission. Wil Sullivan moved to continue to February 9, 2023; seconded by Trevor Pontbriand. VOTE: Jan Morrissey aye; Wil Sullivan aye; Trevor Pontbriand aye; Reatha Ciotti aye and Sharon Inger aye. 5-0.

8:08 pm

23-02 Hay (Belvernon, LLC), 91 and 95 Commercial St., Map 21, Parcel 129: Application for a Special Permit under ZBY definition 2.1 Restaurant” to confirm existing seasonal use under patio and tent allowed under COVID-19 Order No. 35 operation of restaurant. Mac’s Shack with primary structure located on 91 Commercial St and parking and exterior seating on 95 Commercial St. The Board consisted of Manny Heyliger, Wil Sullivan, Trevor Pontbriand; Sharon Inger and Al Mueller. Marian Rose represented the Hay’s and provided the back ground of having outdoor eating due to Covid restrictions. This will not be an expansion in terms of additional seating. There is a seasonal tent which is issued and approved from the Building Inspector. Ms. Rose reviewed the bylaws and how this special permit will not be detrimental to the neighborhood or area. There was one letter supporting the projects from Mary and Gerry Houck. Bd: If the seating count increases, they will have to come back to the Board. Manny Heyliger moved for Findings of Fact; seconded by Wil Sullivan. VOTE: Wil Sullivan aye; Trevor Pontbriand aye; Al Mueller aye; Sharon Inger aye; and Manny Heyliger aye. 5-0..

The lot is in the Central District.

The use is a previously permitted use. The applicant has operated a restaurant on the property since 2013 and the prior owners also operated a restaurant on the property.

There will be no change or increase in use. The applicants stated that seating will not exceed the seating capacity currently approved by the Board of Health (91 seats.)

The use conforms with the objectives of the Central District as stated in WZBL 3.2

There was one letter in support of the application.

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

The roads, drainage, and other public services are adequate for the project.

The use contributes to the diversity of services available.

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.

This special permit is conditioned on the following:

Should the applicant wish to increase seating capacity beyond the current 91 seats, a further special permit would be required.

Manny Heyliger moved the Findings of Fact; seconded by Al Mueller. VOTE: Wil Sullivan aye; Trevor Pontbriand aye; Al Mueller aye; Sharon Inger aye; and Manny Heyliger aye. 5-0..

Manny Heyliger moved to grant the Special Permit based on the Findings of Fact; seconded by Al Mueller. Wil Sullivan aye; Trevor Pontbriand aye; Al Mueller aye; Sharon Inger aye; and Manny Heyliger aye. 5-0..

Manny Heyliger moved to adjourn at 8:30 pm; seconded by Al Mueller. Wil Sullivan aye; Trevor Pontbriand aye; Al Mueller aye; Sharon Inger aye; Manny Heyliger aye, Jan Morrissey, Reatha Ciotti aye, 7-0.

Christine Bates, Committee Secretary

Documents:

Outer Cape Health Services – request for continuation

Mandell: Authorization letter

Hay (Belverton) Special Permit Application and back up material