Approved ZBA Meeting Minutes
06 08 23 zba final
Wellfleet Zoning Board of Appeals
Meeting Minutes
June 8, 2023
Participants: Sharon Inger, Trevor Pontbriand, Jan Morrissey, Reatha Ciotti, Al Mueller, Andy Freeman, and Manny Heyliger.
Regrets: Wil Sullivan and Mick Lynch
7:00 pm
Chair Inger provided an overview of both applications and stated that after reviewing them both, the Board would concentrate on the request for a Special Permit for a discontinuance and a retail marijuana store and recommended the applicant request a withdrawal without prejudice to 23-08.
23-07 Robicheau, 15 Bank Street, Map 15, Parcel 91: Application for a Special Permit under Section 235-6.1 to allow continued retail sales and Section 235-6.1.D discontinuance or Abandonment. The Board consisted of Sharon Inger, Manny Heyliger, Andy Freeman, Jan Morrissey and Trevor Pontbriand. A letter from abutter, Charter Williams, was read into the record objecting to the application. Chair Inger requested comments from the Board: This will be a retail cannabis store which requires a special permit; applicant has been working on this project in the past; doesn’t believe the building was discontinued; confusion on discontinued use; we require additional information regarding square footage of building, security plan, parking, etc. Jason Robicheau stated he did not feel there was abandonment and there is not a bylaw regarding recreational cannabis sales and that this is a retail store. Board comments: this is a different type of retail sales, and we need information regarding signage, security, and operation. Robicheau stated he has security set up with cameras and people are required to identify themselves before entrance into the store, they have the host agreement with the Town, and the project is in compliance with the State regulations. There will be between 3 and 4 employees at any given time. Board comments: doesn’t feel this is a discontinued use; we require more information on paper for the file; concerned with the statement regarding this is unique and is within walking distance of the Town. Robicheau stated this is similar to a liquor store and doesn’t feel there will be any traffic concerns. The Town has other areas for parking.
Charter Williams, from the audience, stated this will change the dynamics of the neighborhood and will affect the traffic. The other locations are off Route 6 and not within town. He is concerned with the location of the Bus Stop and location of the store.
Chair Inger reviewed the Findings of Fact from the other Marijuana Stores in town and has determined we need the following information: We need a site plan identifying the existing setbacks and parking spaces, identify lot coverage, identify the square footage of the store and the layout of the sales room and floor plan, a security plan, information on the other businesses on the property and their requirements for parking; hours of operation; signage, and what other uses are on the property. Jason Robicheau requested a continuation to June 22. Jan Morrissey moved for a continuation; seconded by Andy Freeman. VOTE: Andy Freeman aye; Manny Heyliger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 5-0.
23-08 Robicheau, 15 Bank Street, Map 15, Parcel 91: Appeal from Person Aggrieved (MGL Ch. 40-A, S. 8): Retail sales have been continuous at 15 Bank Street for over 24 years. Applicant has been actively working toward a Retail Recreational Cannabis license and has been in direct contact with the town (or its agents) during the entire licensing process. Building Permits have been granted, and Host Community Agreement renegotiations with Town have been taking place since June 2022. The Board recommended this application be withdrawn. Jason Robicheau requested the application be withdrawn without Prejudice; seconded by Andy Freeman. VOTE: Andy Freeman aye; Manny Heyliger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 5-0.
Minutes: Al Mueller moved to approve the amended May 11, 2023 meeting minutes; seconded by Manny Heyliger. VOTE: Andy Freeman aye; Manny Heyliger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye; Al Mueller aye; and Reatha Ciotti 7-0.
Selectboard Meeting – when will they vote members for the Boards / Commissions. Christine Bates to follow up.
Zoom or Hybrid Meetings – Chair Inger recommended we continue with ZOOM meetings until the Committee Secretary position is filled.
Andy Freeman moved to adjourn at 8:00 pm; seconded by Manny Heyliger. VOTE: Andy Freeman aye; Manny Heyliger aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye; Al Mueller aye; and Reatha Ciotti 7-0.
Christine Bates, Committee Secretary
Documents: 23-07: Application and back-up materials
23-08: Application and back-up materials