Approved ZBA meeting minutes

Meeting date:

Thursday, March 23, 2023

Approved

Wellfleet Zoning Board of Appeals

Meeting Minutes

March 23, 2023

Participants: Wil Sullivan, Trevor Pontbriand, Jan Morrissey, Reatha Ciotti, Al Mueller, Andy Freeman, Manny Heyliger and Mick Lynch.

Regrets: Sharon Inger

7:00 pm

23-03 Rosenbaum, 260 Kendrick Ave, Unit 2, Map 20, Parcel 30: Application for a Special Permit pursuant to Section 2.35 - 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. (Cont’d from Feb. 9)

Mick Lynch, Vice Chair, opened the meeting at 7:00 pm. The Board consisted of Wil Sullivan Manny Heyliger, Trevor Pontbriand, Jan Morrissey and Andy Freeman replacing Sharon Inger. Attorney Ben Zehnder, representing the applicant, reviewed the concerns the Board had at the February 9, 2023 meeting and reviewed the letter the condominium trust sent, stated new plans were submitted, and reviewed the flood zones concerns. The total square footage for the dwelling will go from 712 sq ft to 768 sq. ft. A letter opposing the project was read into the record. Leslie Gabriel, a family member, stated the size will remain within the footprint and they have the support of the neighbors. She stated the cottages are not in good shape now and they would like to improve them.

The Board noted the site plan was not dated or signed, and Zehnder replied it will be provided to the Building Inspector with an “as-built” in the future, the amount of space between units does not meet regulations but the condos are grandfathered. Zehnder stated all condo regulations will be followed. The basement will only have access through a bulkhead with no stairs from the inside of the dwelling.

Manny Heyliger moved for Findings of Fact; seconded by Andy Freeman. VOTE: Jan Morrissey aye; Trevor Pontbriand aye; Manny Heyliger aye; Wil Sullivan aye,; and Andy Freeman aye. 5-0

1. The applicants own a freestanding condominium dwelling unit situated in the Residential 1 Zoning District constructed prior to the adoption of zoning and propose to add a full foundation, reconfigure the interior space and add a dormer and deck, all hereinafter referred to as the improvements. The current unit is non-conforming due in that it is located within the 30' front setback but the improvements will not increase that non-conformity. The proposed deck will decrease the distance between Unit 2 and Unit 1.

2. The square footage of the existing structure is 722 and the square footage of the structure once the improvements are completed will be 768.

3. This freestanding condominium dwelling unit is part of a Cottage Colony as defined in the Wellfleet Zoning Bylaws and that the maximum floor area allowed is 768 square feet.

4. There were no appearances and no correspondence in support of the application.

5. There was one correspondence in opposition to the application.

6. There were no objections from abutters.

7. The Board has received the consent of the Summer Winds Of Wellfleet Condominium authorizing the improvements.

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

9. Section 6.1.5.1 (b): The Board finds that the improvements will not be substantially more detrimental to the neighborhood than the existing non-conforming structure.

10. Section 8.4.2.1:

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

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

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

11. Section 8.4.2.2:

Not applicable

12. Section 8.4.2.3:

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

Manny Heyliger moved the Findings of Fact; seconded by Wil Sullivan. VOTE: Trevor Pontbriand aye; Andy Freeman aye; Jan Morrissey aye; Wil Sullivan aye; and Manny Heyliger aye. 5-0. Jan Morrissey moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger aye. VOTE: Trevor Pontbriand aye; Andy Freeman aye; Jan Morrissey aye; Wil Sullivan aye; and Manny Heyliger aye. 5-0 Wil Sullivan moved for the condition that the basement be exclusively used for storage and utilities and no other purpose; seconded by Manny Heyliger aye. VOTE: Trevor Pontbriand aye; Andy Freeman aye; Jan Morrissey aye; Wil Sullivan aye; and Manny Heyliger aye. 5-0

.Al Mueller moved to approve the March 9, 2023 amended meeting minutes; seconded by Andy Freeman. VOTE: Trevor Pontbriand aye; Andy Freeman aye; Jan Morrissey aye; Wil Sullivan aye; Manny Heyliger aye, Reatha Ciotti aye; Al Mueller aye; and Mick Lynch aye. 8-0.

Wil Sullivan moved to adjourn at 7:45 pm; seconded by Reatha Ciotti. VOTE: Trevor Pontbriand aye; Andy Freeman aye; Jan Morrissey aye; Wil Sullivan aye; Manny Heyliger aye, Reatha Ciotti aye; Al Mueller aye; and Mick Lynch aye. 8-0.

Christine Bates, Committee Secretary

Documents: updated plans, letter from condominium trust