Approved ZBA meeting minutes

Meeting date:

Thursday, March 9, 2023

Approved

Wellfleet Zoning Board of Appeals

Meeting Minutes

March 9, 2023

Participants: Sharon Inger, Wil Sullivan, Trevor Pontbriand, Jan Morrissey, Reatha Ciotti, Al Mueller, Andy Freeman, Manny Heyliger 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 Sharon Inger, Wil Sullivan, Trevor Pontbriand, Jan Morrissey and Reatha Ciotti. Revised plans were provided to the Board but were not acceptable because there was no revised date and one plan identified a stairway to the basement area. There will be no basement. The Board elected to vote with the condition new plans would be submitted. Wil Sullivan moved for Findings of Fact; seconded by Reatha Ciotti. VOTE: Reatha Ciotti aye; Trevor Pontbriand aye; Sharon Inger aye; Wil Sullivan aye and Jan Morrissey aye. 5-0.

The applicant owns a parcel of land upon which had existed a 554 square foot cottage which cottage was totally destroyed by fire in June of 2016. The applicant now proposes to construct on the parcel a two-story dwelling containing 2448 square feet of living space.

1. The lot is in the R1 District. The lot is pre-existing non-conforming.

2. The existing non-conformities are inadequate lot area (15,226 sq feet where 30,000 square

feet is required), inadequate frontage (106.3 feet where 135 feet are required.)

3. The prior structure was non-conforming in lot size, frontage, and setbacks. From the site plan

presented, it appears that the prior structure protruded into Meadow Avenue, but precise

measurement of setbacks was not indicated.

4. The proposed structure will conform to front, rear, and side setbacks.

5. The proposed structure will have 12% lot coverage, where 15% is allowed, and 106.3 feet of frontage where 135 feet is required.

The use will be the same as the prior structure, a single-family residence.

The use conforms with the objectives of the R1 1 District as stated in WZBL 3.2

There were no appearances or correspondence in support of the application.

There was one objection from an abutter.

The roads, drainage, and other public services are comparable to those of other properties on Lieutenant Island.

. The project has received Conservation Commission approval and an order of conditions.

The Board has found that pursuant to WZBL 8.4.2.3:

Scenic views from public ways and developed properties have been considerately treated.

Traditional public access to or along the shoreline has been maintained.

The proposed alteration will not be more substantially detrimental to the neighborhood than the prior nonconforming structure, 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 for the district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.B.

Condition:

The applicant has stated that no basement will be built and that he will submit revised plans removing the stairs going down from the lower level. The plans will be stamped with the revision date.

Jan Morrisey moved the Findings of Fact; seconded by Reatha Ciotti. VOTE: Wil Sullivan no; Reatha Ciotti aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 4-1. Jan Morrissey moved to grant the Special permit based on the Findings of Fact; seconded by Reatha Ciotti. VOTE: Wil Sullivan no; Reatha Ciotti aye; Jan Morrissey aye; Trevor Pontbriand aye; and Sharon Inger aye.

7:15 pm

21-29 Amendment Falk/Marques-Pascual, 117 Samoset Ave., Map 28, Parcel 107, Amend Special Permit for the following: a) increase the building footprint at the northeast corner by filling in a 2’ x 9’ recessed wall; b) cover the front porch; c) relocate wall mounted condensers; and 4) replace the approved gable roof with a shed roof. The Board consisted of Wil Sullivan, Trevor Pontbriand, Manny Heyliger, Mick Lynch and Al Mueller. Jan Morrissey recused herself. Attorney Ben Zehnder represented the applicant and identified the proposed changes. The lot coverage will change to 14.8%. The Board had no comments or questions regarding the application. Al Mueller moved for Findings of Fact; seconded by Wil Sullivan. VOTE: Wil Sullivan aye; Trevor Pontbriand aye; Manny Heyliger aye; Mick Lynch aye and Al Mueller aye. 5-0.

1. The applicants propose changes, hereinafter referred to as the improvements, to their 2021 Special Permit approval as follows:

A. Increase the building footprint by filling in a 2' x 9' recessed wall

B. Cover the front porch.

C. Relocate wall mounted condensers.

D. Reconfigure a portion of the second-floor interior space.

E. Remove the approved roof deck.

F. Replace the approved gable roof with a shed roof.

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

4. There were no objections from abutters.

5. The applicable provisions for this application under the Town of Wellfleet Zoning Bylaws are Section 5.4.2, Section 6.1.5. and Section 8.4.2.

6. Section 6.1.5.1 (b): The Board finds that the construction of the improvements is not substantially more detrimental to the neighborhood than the work permitted in the 2021 application.

7. Section 8.4.2.1:

A. The Board finds that the construction of the improvements is suitable in that they are compatible with nearby land uses which would not be damaged by the proposed improvements.

B. The Board finds that the roads, drainage and other public utilities would not be affected by the construction of the improvements.

C. The Board finds that the construction of the improvements will not contribute to environmental damage.

8. Section 8.4.2.2:

Not applicable

9. Section 8.4.2.3:

The Board finds that the construction of the improvements will not adversely affect scenic views from public ways or neighboring properties.

Al Mueller moved the Findings of Fact for the Amendment to the Special Permit; seconded by Manny. VOTE: Al Mueller aye; Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye and Mick Lynch aye. 5-0.

FLOOD PLAIN EXEMPTION

The property is located in Zone AE and a portion of the property’s seawall is located in the velocity zone and the applicants’ proposal requires a flood plain exemption pursuant to Wellfleet Zoning Bylaw Section 6.14.3.

1. The Board finds that the proposed improvements will not increase flood heights, decrease flood storage capacity, result in any public expense or conflict with local law. The Board finds that there are no threats to public safety or risk of fraud or victimization of the public.

2. The Board finds that there is good and sufficient cause to grant an exemption from the bylaw flood-plain requirements. The proposed improvements will be constructed in the same area as the existing house and will comply with the maximum building coverage requirements of the Wellfleet Zoning Bylaws.

3.The Board finds that the failure to grant the request would prohibit the construction of the proposed improvements and would therefore result in an exceptional hardship to the applicants.

4. The Board finds that the applicants’ request is reasonable and constitutes a minimal change on the lot from what has been allowed pursuant to the 2021 application.

Manny Heyliger moved to accept the Findings of Fact for the Flood Plain Exemptions; seconded by Al Mueller. VOTE: VOTE: Al Mueller aye; Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye and Mick Lynch aye. 5-0.

Al Mueller moved to grant the Amendment to the Special Permit as well as the Flood Plain Exemption based on the Findings of Fact; seconded by Manny Heyliger. . VOTE: Al Mueller aye; Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye and Mick Lynch aye. 5-0.

Business:

The Planning Board is having a meeting with the Selectmen Board on Wednesday, March 15 at 7:00 pm regarding Zoning issues.

Sharon Inger will not be attending the March 23, 2023 meeting. Mick Lynch will chair the meeting. Andy Freeman will replace Sharon for the public hearing.

Minutes:

Al Mueller moved to approve the amended February 9, 2023 meeting minutes; seconded by Jan Morrissey; VOTE: Al Mueller aye; Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye; Reatha Ciotti aye; Jan Morrissey aye; Andy Freeman aye; Sharon Inger aye. 9-0. Al Mueller moved to approve the February 23, 2023 amended meeting minutes; seconded by Wil Sullivan. VOTE: Al Mueller aye; Wil Sullivan aye; Trevor Pontbriand aye; Jan Morrissey aye; Sharon Inger aye and Reatha Ciotti. 6-0

Al Mueller moved to adjourn at 7:30 pm; seconded by Manny Heyliger. VOTE: Al Mueller aye; Manny Heyliger aye; Wil Sullivan aye; Trevor Pontbriand aye; Reatha Ciotti aye; Jan Morrissey aye; Andy Freeman aye; Sharon Inger aye. 9-0.

Christine Bates, Committee Secretary

Documents: Mandell: Revised plans

Falk/Marques Pascual – Amended Special Permit application and back up