Approved ZBA meeting minutes

Approved

Wellfleet Zoning Board of Appeals

February 23, 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

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, Jan Morrissey, Reatha Ciotti, and Sharon Inger.  Attorney Kirrane represented the applicants and provided an overview of the project.  He submitted a letter to the Board addressing the Board’s concerns regarding the foundation, if the house could be moved for septic, Conservation Commission’s condition regarding drainage, setbacks of the existing house (previous), and all setbacks proposed for the new dwelling, which will be completely conforming.  He acknowledged the letter from the abutter’s lawyer regarding the lot coverage of all the other properties in the area.  He stated there are 26 houses that have very large decks which results in larger lot coverage.

Jen Crawford represented the Mandell Family at the Conservation Commission meeting and shared a site plan identifying the areas of the resources.  Al Mueller questioned the type of plants recommended for erosion control, and Ms. Crawford stated there is no way there is overflow to the coastal bank, and there will be no plants removed from the coastal bank.   

Chair Inger opened the hearing up to the public.  Attorney Turano-Flores, representing abutter Thayler, shared a photograph identifying the area that has been pristine for years which will be used for constructing the dwelling.  Rock revetments are not allowed in this area of Lt. Island, and Mr. Thayler has to renourish frequently to stabilize the bank.  She stated the house could be moved and not impact the vegetation which protects the coastal bank.  She shared a drawing of the proposed dwelling and identified the roofline which affects Thayer’s view.  She stated there are only 4 houses larger than the proposed dwelling out of 70 and this lot is quite small and feels this is more detrimental to the neighborhood.  She stated the water supply will have to be tested frequently, and they are concerned with the number of rooms in this house which could increase the occupancy which will affect the drinking water for the neighborhood.  They would like to see them come back with a smaller design / plan.

Mr. Bliss, one of the owners of the property, stated the amount of disturbance will be less than what was originally proposed, which is no longer planned.  It is 1224 on the first floor, 1224 on the second floor.  It is below the top of the coastal bank and danger to the bank will be minimal.  He stated the house cannot be located differently due to the septic system.  Immediate abutters have large homes which include enclosed porches and decks.  This design is not outside the character of the neighborhood. 

Chair Inger opened comments from the Board.  It was noted that erosion from high tides causes vegetation to die, so how would existing vegetation on this site protect the bank.  Ms. Crawford responded this is the natural function and plants will die.  There have been various site plans presented to the Board and the Board needs the correct one with correct numbers.  The easement controversary is not a zoning issue and will be handled by the courts.  Mr. Thayler received a Certificate of Compliance in 2021 regarding the easement and should not be an issue at this point in time. 

 Wil Sullivan questioned why the new house could not be built in the area already cleared which would avoid affecting the coastal bank.  He stated he listened to the Conservation Commission meeting and they will have to rely on rain water for any future plants to survive.  He feels this is more detrimental.  He sees no benefit to the town by moving the house and creating 3,000 sq. ft. of natural vegetation disturbance.

Trevor Pontbriand stated this plan will make the dwelling conforming and the Conservation Commission approved the project.  Since the bank is already eroding naturally, all the vegetation will not make a difference to the future.  The list provided by the attorney regarding the size of homes and lots should not make a difference.  He disagrees that “there is no basement”, since there are stairs identified and questioned where the utilities will be located and wants an updated plan. 

Jan Morrissey stated the house was reduced once by the Conservation Commission and the siting of the house is located between 2 coastal banks.  She does not feel this property is unique and there are a lot of houses that will fall into the water eventually.  Al Mueller stated the Board needs to look at how this will affect the neighborhood and asked the Board to consider the damage to the neighborhood and environment.  Chair Inger agreed the size of the house is large but there are a lot of large houses on Lt. Island.  We have a responsibility to the environment but we have to take direction from the Conservation Commission which has an Order of Conditions in place.   This will be 12% lot coverage. 

Ms. Crawford stated there are 2 coastal banks on this property and the house would be in the middle of the banks.  The vegetated buffer strip will be performed on both the banks. 

Mr. Bliss explained there will be a slab on grade and there will be no basement.  The utilities will be put in the attic.  The wells of the abutters and the proposed septic system doesn’t allow for the house to be located in the existing site. 

A straw poll was taken of the Board regarding their approval of the Special Permit.  Will Sullivan no; Jan Morrissey aye; Reatha Ciotti aye; Trevor Pontbriand aye; and Sharon Inger aye with the stipulation the Board receives new plans for the house, revised floor plans, etc.  

Trevor Pontbriand moved to continue the hearing to March 9, 2023; seconded by Jan Morrissey.  VOTE:  Wil Sullivan aye; Jan Morrissey aye; Sharon Inger aye; Reatha Ciotti aye; and Trevor Pontbriand aye.  5-0.

Christine Bates, Committee Secretary