Approved ZBA meeting minutes
Approved
Wellfleet Zoning Board of Appeals
February 9, 2023
Participants: Sharon Inger, Wil Sullivan, Trevor Pontbriand, Manny Heyliger, Jan Morrissey, Reatha Ciotti, Andy Freeman, and Al Mueller
Regrets: Mick Lynch
7:00 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 Wil Sullivan, Trevor Pontbriand, Reatha Ciotti, Jan Morrissey, and Sharon Inger. Wil Sullivan moved to continue to 2/23/23 at the request of the applicant; seconded by Reatha Ciotti. VOTE: Wil Sullivan aye; Trevor Pontbriand aye; Reatha Ciotti aye; Jan Morrissey aye; and Sharon Inger aye. 5-0.
7:05 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 Jan Morrissey, Sharon Inger, Trevor Pontbriand; Al Mueller, and Reatha Ciotti. Attorney Dan Johnston provided an overview of the recovery services they will provide as well as education. This service will serve the Outer Cape area. Thirteen additional parking spaces are required, which will meet all code requirements for a total of 37 parking spots. The applicants attended a Planning Board meeting, and the Planning Board made three recommendations, one of which is to add an additional 3 parking spots which is over what the regulations require. Since there is the drive through for the Pharmacy, the applicant believes that those spaces are not needed. All parking spaces will be paved, and the 13 spaces at the rear of the building will be for employees only. The Planning Board’s last recommendation was regarding the slope in the rear of the property. A retaining wall will be designed. There were no letters opposing or supporting this project. The number of parking spaces was discussed at length, as well as a door in the rear of the building for employees only. There will be approximately 6 to 10 people per day in group session and individual appointments. Safety of individuals walking to the front door was brought up several times and when compared to other businesses and health care facilities, this is not any different and there are no restrictions to those locations. The applicant’s designation of the rear spaces as employee only eliminates the need for a rear entrance for the public.
Brad Malo, Coastal Engineering, described the location and height of the proposed wall designed by a professional engineer which satisfied the Board. Jan Morrissey moved for Findings of Fact; seconded by Al Mueller. VOTE: Jan Morrissey aye; Al Mueller aye; Trevor Pontbriand aye; Reatha Ciotti aye; and Sharon Inger aye. 5-0.
The lot is in the C1 District.
The use is allowed in the district by special permit.
The property is located on Route 6 and contains approximately 1.24 acres. It is currently improved with a single commercial structure currently occupied by OCHS Pharmacy and the Wellfleet Veterinary Clinic.
The proposed use would occupy approximately 1,900 square feet of the building, an area that is currently vacant.
The property contains a paved parking area in the front of the building as well aa a gravel parking to the South of the building. There are currently 11 designated spaces, with approximately 11 additional spaces in the gravel area for a total of 22.
The current number of parking spaces is legal nonconforming, but the additional use would require additional parking spaces pursuant to WZB 6.3. As the proposed unit will occupy 1900 square feet and have six employees, the additional spaces required under the bylaw are 13.
The applicant proposes to increase the number of spaces from 22 to 37, which is two more than required under the bylaw.
As a development of significant impact, the project appeared before the Planning Board on February 1, and the project was approved with recommendations as addressed herein.
The additional use is consistent with other uses on the property and will increase access to recovery services for substance use disorders in the underserved and isolated outer Cape. The use conforms with the objectives of the Commercial District as stated in WZBL 3.2
There were no appearances or correspondence in support of or in opposition to the application.
The Board has found that pursuant to WZBL 8.4.2:
The use will add to the current mix of healthcare related services on the location.
Safe access and egress are provided by a traffic signal, delineator posts, pavement markings and signage.
The construction and paving to create the parking spaces will not result in degradation of any sensitive environmental sites.
The proposed use will contribute to the diversity of services available.
The use will provide year-round services and employment.
The proposal will not be more substantially detrimental to the neighborhood than the existing uses, and the applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity after considering the District Objectives.
Trevor Pontbriand moved the Findings of Fact; seconded by Al Mueller. Vote: Trevor Pontbriand aye; Sharon Inger aye; Reatha Ciotti aye; Al Mueller aye; and Jan Morrissey. 5-0.
Al Mueller moved to approve the Special Permit based on the Findings of Fact; seconded by
Trevor Pontbriand, with the following condition:
The 13 rear parking spaces will be designated as employee only.
VOTE: Trevor Pontbriand aye; Sharon Inger aye; Reatha Ciotti aye; Al Mueller aye and Jan Morrissey aye. 5-0.
7:35
19-12 Ment (The Old Bank LLC), 10 Main Street, Map 18, Parcel 1. Request for two-year extension. The Board consisted of Wil Sullivan, Trevor Pontbriand, Andy Freeman, Sharon Inger and Manny Heyliger. Zac Ment stated there is a second building on the property for which he had previously received a Special Permit for additional use as a second business. At the time of Covid, businesses were allowed to have pick up windows. However, since that time, the State is not allowing that, and he would like to set up another business in the future. There were no questions or comments from the Board. Manny Heyliger moved to extend a two-year extension; seconded by Trevor Pontbriand. VOTE: Wil Sullivan aye, Trevor Pontbriand aye, Andy Freeman aye, Sharon Inger aye and Manny Heyliger aye. 5-0.
7:45 pm
23-03 Rosenbaum, 260 Kendrick Ave, Unit 2, Map 20, Parcel 30: Application for a Special Permit pursuant to ZBA 8.4.2 to alter a freestanding condominium dwelling unit on a pre-existing, non-conforming lot by addition of a full foundation, reconfiguring the dwelling interior, and adding a new dormer and deck. The Board consisted of Wil Sullivan, Manny Heyliger, Trevor Pontbriand, Sharon Inger and Jan Morrissey. Attorney Ben Zehnder noted that the applicant is redesigning the proposal and is asking for a continuance to present updated site plans, but he requested that the Board begin to hear the case tonight. He provided information regarding the proposed changes. This will increase the density of the dwelling, going from 722 square feet to 832 square feet plus adding the basement. There is an exclusive yard area for the unit. Lori Bridger, an owner of another cottage in the area, stated they were denied a covered screen porch due to the increase in square footage. She felt that the board should be consistent with how they treat these types of requests. This is considered a cottage colony and has restrictions to size,. Wil Sullivan thought this should come in as a variance, and not special permit. Zehnder stated it is already pre-existing non-conforming. (6.1.1)
aurie Rosenbaum stated they are planning on living in this year round and they are not planning on increasing the original foot print. Zehnder stated the Board of Health identifies this as a 3-bedroom house. Richard Michaud stated the town voted the use of cottage colonies can be all-seasonal use. Ms. Rosenbaum stated the use of the basement would be for utilities and for studio space. The Board is concerned that the regulation on cottage colonies is a maximum of at 768 sq. ft. with no increase in habitable space. At the request of the applicant, Wil Sullivan moved to continue to March 23, 2023; seconded by Jan Morrissey. VOTE: Jan Morrissey aye; Wil Sullivan aye; Sharon Inger aye; Trevor Pontbriand aye; and Manny Heyliger aye. 5-0.
8:05 pm
23-04 Bross, 46 Sandpaper Hill Rd., Map 22, Parcel 6: Application for a Special Permit pursuant to ZBA 6.1.5, 6.2.4, and 8.4.2 to alter a pre-existing, non-conforming structure on a pre-existing non-conforming lot in order to build an addition. They also request a floodplain exemption for the proposed addition pursuant to Bylaw 6.14. The Board consisted of Trevor Pontbriand, Wil Sullivan, Manny Heyliger, Sharon Inger and Jan Morrissey. Attorney Ben Zehnder represented the applicant and provided an overview of the project. They are requesting a 30 ft x 8 ft addition and must go to the Conservation Commission. There is currently over 18% lot coverage. Mr. Bross is physically impaired and the extra space will allow more freedom for him. Four letters of support were read into the record. The Board expressed concern with the lot coverage on such a small lot but understands the needs of Mr. Bross to utilize a wheelchair within the dwelling. After further discussion, it was determined the lot coverage would be 21.3% where the lot is limited to 15%. Wil Sullivan moved for Findings of Fact; seconded by Manny Heyliger. VOTE: Trevor Pontbriand aye; Wil Sullivan aye; Manny Heyliger aye; Sharon Inger aye and Jan Morrissey aye. 5-0.
This is an application for a Special Permit under the Wellfleet Zoning Bylaws (WZBL) to add a 248 sq. ft. addition (hereby referred to as the “addition”) to the southerly side of a lawfully pre-existing, non-conforming dwelling on a lawfully pre-existing, non-conforming lot. The addition will extend the existing kitchen and pantry space and create a new mudroom and porch on the first floor.
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 two-story, single-family 2,456 sq. ft. residential structure built in 2004, according to the Assessor’s Office, and located on a 8,750 sq. ft. lot in the R1Residential Zoning District, where single-family residential use is allowed by right. The lot was created in 1962 by deed description.
The existing dwelling replaced two pre-existing, non-conforming dwellings pursuant to a flood hazard district exemption and a special permit granted in Zoning Board of Appeals Case No. 03-20, and is therefore entitled to treatment as a lawfully pre-existing, non-conforming structure.
Under current zoning, the property is pre-existing, non-conforming with regard to minimum lot area (8,750 sq. ft. where 30,000 sq. ft. is required), minimum frontage (81.57 ft. where 135 ft. is required), minimum front yard setback (15 ft. where 30 ft. is required), north and south side yard setbacks (7 ft. and 16.8 ft. where 25 ft. is required), and maximum building coverage (18.54 where 15% is allowed).
The dwelling is located in floodplain Zone AE (El. 13), and the beach section of the lot (to the rear of the property) is located in Zone VE (El. 15). No changes are proposed in the VE Zone.
The applicable provisions for this application under the WBZL are: 5.4.1 Minimum Lot Requirements; 5.4.2 Minimum Yard Requirements; 5.4.3 Maximum Building Coverage; 6.1.5.1(b) Alterations to nonconforming single or two-family residential structures that increases the non-conforming nature of the structure; and 8.4.2 Special Permits. The applicant is also requesting a floodplain exemption for the proposed addition pursuant to 6.14.
The addition will not increase the southerly side yard or front yard setback distance non-conformities, however the building volume within the non-conforming southerly side yard setback will increase.
The non-conforming building coverage will increase from 18.54% to 21.37% (15% coverage is allowed).
There will be no change or increase in use.
There was one appearance and four letters in support of the application.
There were no appearances and no correspondence in opposition to the application.
The Board has found that pursuant to WZBL 6.1.5.1(b) the addition will not be substantially more detrimental to the neighborhood than the existing non-conforming structure.
Pursuant to WZBL 8.4.2, the Board has found that the applicant has demonstrated that the benefits of the addition will outweigh any adverse effects on the Town after taking into consideration that:
8.4.2.1: The addition is suitable in that it is compatible with nearby land uses which would not be damaged by the construction of the addition; roads, drainage, and other public services are adequate for the addition; the area of the lot where the addition is proposed is the current front yard and is not sensitive to possible environmental damage from erosion, siltation, or water contamination.
8.4.2.2: The addition will not affect diversity of services or housing opportunities or have seasonal consequences; the proposal will employ local workers benefiting the local economy; and the addition will make the house more usable on a year-round basis.
8.4.2.3: There will be no adverse effect on scenic views, existing parking areas, or traditional public access to or along the shoreline.
Manny Heyliger moved the Findings of Fact; seconded by Jan Morrissey. VOTE: Jan Morrissey aye; Trevor Pontbriand aye; Wil Sullivan aye; Manny Heyliger aye; and Sharon Inger aye. 5-0.
Findings for Flood Plain Exemption to 6.14 Special Flood Hazard District Regulations
The dwelling is located in the floodplain in Zone AE (El. 13); the beach section of the lot is located in Zone VE (El. 15). The applicants’ proposal would enlarge the existing structure and therefore requires a flood plain exemption pursuant to Wellfleet Zoning Bylaw Section 6.14.3.
6.14.3.1: The Board finds that there are no threats to public safety or risk of fraud or victimization of the public. No changes are proposed in the VE Zone, and the addition will be constructed on concrete piers to match the existing construction built pursuant to a flood hazard district exemption and special permit granted in Zoning Board of Appeals Case No. 03-20. The Board finds that the addition will not increase flood heights, decrease flood storage capacity, result in any public expense or conflict with local law.
6.14.3.2: The Board finds that there is good and sufficient cause to grant an exemption from the bylaw flood-plain requirements. The existing dwelling kitchen and entryway/staircase landing are located in a small area and result in constricted access to other areas of the dwelling. The addition will eliminate this issue and allow wheelchair access from the attached garage.
6.14.3.3: The Board finds that the failure to grant the request would result in an exceptional hardship to the applicants. The small area available in the central portion of the existing building of the dwelling is not suitable for aging occupants. In particular, Mr. Bross has a medical condition which makes it impossible for either him or a wheelchair to maneuver through the narrow common area, and there is not sufficient room for a helper to assist him. Not being able to reconfigure the space with the proposed addition will prevent the applicants from using the house on a year-round basis and would result in an exceptional hardship for them.
6.14.3.4: The Board finds that the applicants’ request for a variance from the provision stating “…no existing structure shall be enlarged” is reasonable and constitutes a minimal change from what currently exists on the lot, and there is low risk of damage to the proposed addition from flooding.
6.14.3.5: The applicant will comply with all provisions of the State Building Code regarding floodplain and coastal high hazard areas.
6.14.3.6: The applicants will file with the Conservation Commission seeking an Order of Conditions for the proposed addition.
Manny Heyliger moved the Findings of Fact for the Flood Plain Exemption ; seconded by Wil Sullivan. VOTE: Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye and Manny Heyliger aye. 5-0.
Manny Heyliger moved to grant the Special Permit; seconded by Wil Sullivan. VOTE: Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye and Manny Heyliger aye. 5-0.
Manny Heyliger moved to grant the Flood Plain Exemption; Seconded by Jan Morrissey. VOTE: Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye and Manny Heyliger aye. 5-0.
Meeting Minutes
Wil Sullivan moved to approve the December 8, 2022 amended meeting minutes; seconded by Jan Morrissey. Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye; Andy Freeman aye, Al Mueller aye; Reatha Ciotti aye and Manny Heyliger aye. 8-0.
Wil Sullivan moved to approve the amended January 12, 2023 meeting minutes; seconded by Jan Morrissey. Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye; Andy Freeman aye; Al Mueller aye; Reatha Ciotti aye; and Manny Heyliger aye. 8-0
Al Mueller moved to approve the amended January 26, 2023 meeting minutes; seconded by Jan Morrissey. Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye; Andy Freeman aye; Al Mueller aye; Reatha Ciotti aye; and Manny Heyliger aye. 8-0
Manny Heyliger moved to adjourn at 8:45 pm; seconded by Jan Morrissey. Wil Sullivan aye; Sharon Inger aye; Jan Morrissey aye; Trevor Pontbriand aye; Andy Freeman aye; Al Mueller aye; Reatha Ciotti aye;and Manny Heyliger aye. 8-0.
Respectfully submitted,
Christine Bates, Committee Secretary
Documents:
Mandell – requesor continuation
Outer Cape Health Services – request for continuation
Ment – Request for 2 year extension
Rosenbaum – Special Permit application
Bross – Special Permit application and Flood Plain Exemption