Approved ZBA meeting minutes

Approved

Wellfleet Zoning Board of Appeals

Meeting Minutes

April 13, 2023

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

7:00 pm

23-05  Vermehren (Fox and Crow) 70 Main Street, Map 15, Parcel 5, Applicant seeks a  Special Permit for outdoor dining use under Section 2.1 (restaurant) of the Wellfleet Zoning By-laws to confirm existing outdoor seasonal use allowed under current Covid 19 Order No. 35.  The total of the outdoor and indoor seats will not exceed the total capacity of the restaurant as licensed by the town of Wellfleet.  The Board consisted of Mick Lynch, Manny Heyliger, Wil Sullivan, Sharon Inger and Trevor Pontbriand.

T. J. Hurrie, Attorney for the applicant, stated that there will be 40 seats outdoors and 40 seats inside for a total occupancy of 80.  He stated there is more of a demand for outdoor dining since Covid. This property is in the Central District and sits on 5 acres, along with the Inn.  There will be no change in use, and no services will be affected and will meet By-Law 8.4 requirements. 

Attorney Victoria Dalmas represented abutters Shannon and Reichard who reside across the street, approximately 45 feet from the activity at the Fox and Crow. She stated she feels this use is not in compliance because there was a two-year discontinuation and questioned if this is an unlawful restaurant.  Attorney Hurrie stated these concerns should not be brought up at this hearing as they are irrelevant.  Chair Inger asked the Board if they wanted to hear the application now or wait until the Appeal of the Building Inspector regarding the same property is heard on April 27, 2023.  The members of the Board expressed they wanted to hear it now.

Discussion took place regarding discontinuance, operations on the property, licensing, safety, septic, and parking.  The Board asked specific questions of Attorney Dalmas and Attorney Hurrie and stated they will address other issues at the next meeting.

Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger.  VOTE:  Mick Lynch aye, Manny Heyliger aye, Wil Sullivan aye, Sharon Inger aye and Trevor Pontbriand 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 2022, 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 (80 seats.)

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

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

There were two appearances 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 80 seats, a further special permit would be required.

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

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

Business:

Meeting minutes of 3/23/23 will be addressed at the 04/27/23 meeting.

Until further notice, the Board will continue with the zoom meetings.

Changes to the Board:  Reatha Ciotti leaving, Mick Lynch going to Alternate Member and Jan Morrissey become a regular Member.  Al Mueller, Andy Freeman and Sharon Inger need to re-up with the Town in June.

The Mandell case has been appealed.

Mick Lynch moved to adjourn at 8:15 pm; seconded by Manney Heyliger.  VOTE:  Mick Lynch aye, Manny Heyliger aye, Wil Sullivan aye, Sharon Inger aye, Trevor Pontbriand aye, Andy Freeman aye, Al Mueller aye, Jan Morrissey aye, and Reatha Ciotti aye.  9-0.

Christine Bates, Committee Secretary