Approved zba meeting minutes

Meeting date:

Thursday, July 9, 2020

Approved

Wellfleet Zoning Board of Appeals

July 9, 2020, 7:00 pm

Remote Meeting

Attendees: Sharon Inger, Mick Lynch Reatha Ciotti, Trevor Pontbriand, Wil Sullivan, Andrew Freeman, Reatha Ciotti and Jan Morrissey

Regrets: Manny Heyliger

Chair Inger called the meeting to order at 7:00 pm.

7:00 pm

20-07 Starboard Tack Holdings, Inc., (Myya Beck-Baum and Thor Baum) 20 Briar Lane, Map 14, Parcel 19, Application for a Special Permit pursuant to M.G.L. c. 40A, s. 6 and WZB 5.3.2, 6.1 and 8.42 to alter a pre-existing, non-conforming property in the Commercial zoning district by demolishing the existing two- story residential use building and constructing a two- story mixed use building with commercial uses on the basement and first floor levels, and two residential apartments on the second floor. (Cont’d) The Board consisted of Wil Sullivan, Reatha Ciotti, Trevor Pontbriand, Janet Morrissey and Sharon Inger. Attorney Ben Zehnder stated the Planning Board has not held a meeting and needs to review the project and provide a response to the ZBA and requested a continuation to August 13, 2020. Trevor Pontbriand moved to continue the hearing to August 13, 2020; seconded by Jan Morrissey. Vote: Wil Sullivan aye; Reatha Ciotti aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 5-0

7:04 pm

20-08 George and Nan Hirst, 25 Water Street, Map 30, Parcel 131: Application for a Special Permit under WZB 6.1 to extend house by three (3) feet into the side setback to ensure achievement of roof pitch necessary for the construction of house addition under the deck. The Board consisted of Wil Sullivan, Mick Lynch, Trevor Pontbriand, Jan Morrissey, and Sharon Inger. Russell Perry represented the applicant and provided an overview of the project which consists of extending the house another 3 feet toward the rear of the property, adding two bedrooms and a bathroom. This was approved by the Conservation Commission. There will be two bedrooms and the existing bedroom of the first floor will be made into an office room. It was recommended they have a discussion with the Health Agent regarding the bedroom count. In order to get a proper roof slope, the current roof over the deck will be removed and a new roof will be added. The addition will be going in on the 1st Avenue side. There was a comment that this property had come before the ZBA previously, but no history was provided. Although the Board stated they didn’t feel the plans were complete, they felt this was minimis. Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand. Wil Sullivan aye; Mick Lynch aye; Trevor Pontbriand aye; Jan Morrissey aye and Sharon Inger aye. Vote 5-0.

George Hirst and Nan Hirst, 25 Water Street, Map 30, Parcel 30-131-0 request for a Special Permit to permit an addition to the existing house that would extend an existing side- line non-conformity by 3 feet and create a volumetric increase on the side setback. The application is for a Special Permit to allow for an addition to the property of a 197 square foot addition which is hereinafter referred to as “the addition”. Without a special permit the addition would not be allowed due to the fact that it would result in an enlargement of the building currently within the current non-conforming pre-existing setback. The existing structure is 3.6 feet from the front lot line and 10.6 feet from the side setback.

The lot is in the R1 District.

The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1950 according to the Assessor’s Office.

The existing non-conformities regarding the structure are inadequate lot area, intrusion into the front setback (3.8 feet where 30 feet is required), and intrusion into the side setback (10.6 feet where 25 feet is required.)

The applicable provisions for this application under the Town of Wellfleet zoning bylaws are Section 5.4.2 (front setback 30' in R1 District), Section 6.1.5.1 b and Section 8.4.2.

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

The board made a site visit to the property.

7. Section 8.4.2.1:

A. The Board finds that the addition is suitable in that it is compatible with nearby land uses which would not be damaged by the addition.

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

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

Section 8.4.2.2:

Not applicable

Section 8.4.2.3:

The Board finds that the building and site design will not adversely affect scenic views from public ways or neighboring properties.

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

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

7:30 pm

20-09 Anne-Marie Zehnder, 23 Bank Street, Unit 3, Map 14, Parcel 182, Application for a Special permit under WZB 5.2, 5.3 and 6.1 and under M.G.L. c, 40A, sec 6 for ceramic studio, art gallery, and retail use on a pre-existing, non-conforming lot partially in the CD and R-1 zoning districts. The Board consisted of Wil Sullivan, Trevor Pontbriand, Mick Lynch, Andy Freeman, and Sharon Inger. Attorney Ben Zehnder represented the applicant and gave a history of the building. He stated Ms. Zehnder is a professional artist. A private studio is by right in all districts, but an art gallery requires a special permit. She is under contract for the unit at this time and if approved for the Special Permit, will go forward with the purchase. Richard Robichaud, abutter, is in favor of this project. Anne-Marie Zehnder stated she will teach small classes on occasion post pandemic, which might include 7 students in the off season. The kiln is electric and will vent directly in the back of the building. Because this building is in two separate districts, Attorney Zehnder stated the zoning map is not definitive. Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand. VOTE: Wil Sullivan aye; Trevor Pontbriand aye; Mick Lynch aye; Andy Freeman aye, and Sharon Inger aye. 5-0

This is an application for a Special Permit under WZBL 5.2, 5.3.2, 6.1 and 8.4.2 to change the use of 25 Bank Street #3 from a retail clothing store to a ceramic studio, art gallery, and retail shop on a pre-existing, non-conforming lot.

The unit is a 384 square foot free-standing wood- framed condominium unit on a property also housing a clothing store and an art gallery.

The building is partially in the Central District and partially in the R-1 district.

Under Wellfleet Zoning Bylaws, private studio use is allowed as of right in both the CD and R-1 districts. Retail trade and art gallery uses are allowed in the CD district by special permit and prohibited in the R-1 district.

For 36 years the building has housed four retail shops having been converted from residential space by a special permit granted in March 1984. The shops were converted to condominium ownership by a special permit granted in 2006.

The ZBA has inspected the building.

The proposal does not involve any exterior alteration of the unit.

The proposed change will not be a more intense use than the previous use, and conforms with the objectives of the Central District as stated in WZBL3.2 and is consistent with other similar uses in the Central District.

There were no objections to the proposed use. One abutter spoke in support of the proposed use.

The roads, drainage, and other public services are adequate for the proposed use.

The applicant proposes that a maximum of two employees will be in the store, and there is no addition to the square footage. The existing parking of 27 spaces for the four unit should be sufficient for the new use.

The proposed ceramics gallery/retail store use will not be more substantially detrimental to the neighborhood & district than the clothing store. By offering classes in the off season, the applicant will contribute to year-round in preference to seasonal activities. 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 8.4.2.

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

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

Meeting Minutes: June 11, 2020 Mick Lynch moved to approve the amended June 11, 2020 meeting minutes; seconded by Jan Morrissey. VOTE: Mick Lynch aye; Jan Morrissey aye; Reatha Ciotti aye; Andy Freeman aye; Wil Sullivan aye; Trevor Pontbriand aye; and Sharon Inger aye. 7-0

Business: none

Mick Lynch moved to adjourn at 7:45; seconded by Jan Morrissey. VOTE: Mick Lynch aye; Jan Morrissey aye; Reatha Ciotti aye; Andy Freeman aye; Will Sullivan aye; Trevor Pontbriand aye; and Sharon Inger aye. 7-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Paperwork:

Hirst: ZBA application and back-up materials

Zehnder: ZBA application and back-up materials