Approved zba meeting minutes

Approved

Wellfleet Zoning Board of Appeals

August 13, 2020, 7:00 pm

Remote Meeting

Attendees:  Sharon Inger, Trevor Pontbriand, Wil Sullivan, Andrew Freeman, Reatha Ciotti [JM1] and Jan Morrissey

Regrets:  Mick Lynch and Manny Heyliger

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

7:05 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, Trevor Pontbriand, Jan Morrissey, Reatha Ciotti, and Sharon Inger.  Attorney Ben Zehnder represented the applicant and stated the Planning Board has not been holding meetings.  Gerry Parent informed Attorney Zehnder that if they withdraw, the project would still have to be referred to them again.  Sharon Inger stated she is concerned with the application being continued for so long due to the neighbors and their interest in the project.  Ben Zehnder requested a 60-day continuation.  Wil Sullivan responded that the meeting must take place in 60 days or they will have to withdraw.  Andy Freeman stated the Board had not received a revised parking plan and he was aware the Cape Cod Commission offered alternate plans to the Historic Commission.  Attorney Zehnder stated he can’t provide a revised parking plan until after the Planning Board reviews the application.  He stated the Historic Commission is holding meetings but it is not their job to provide designs.  Reatha Ciotti moved to continue to October 8; seconded by Wil Sullivan. VOTE:  Wil Sullivan aye; Trevor Pontbriand aye; Jan Morrissey aye; Reatha Ciotti aye; and Sharon Inger aye.  5-0. 

7:00 pm

20-10  David and Dale Rheault, 735 Chequesset Neck Rd., Map 19, Parcel 112, Application for a Special Permit under WZB 6.1.5.1b for 386 sq. ft. 2nd level addition, including a 51 square foot footprint expansion.  The Board consisted of Trevor Pontbriand, Wil Sullivan, Reatha Ciotti, Jan Morrissey and Sharon Inger.  Jay Horowitz represented the applicant, and gave an overview of  the project[JM2] .  There will be a new stairway and additional living space on the second floor.  The addition is within the front setback and will be a volumetric increase but is not increasing the non-conformity within the front setback.  There were no letters or comments from abutters.    This was approved by the Conservation Commission.  Ms. Rhealt stated they are adding a loft and there is a four bedroom septic system. 

Trevor Pontbriand moved for Findings of Fact; seconded by Wil Sullivan.  VOTE:  Trevor Pontbriand aye; Will Sullivan aye; Reatha Ciotti aye; Jan Morrissey aye; and Sharon Inger aye.  5-0.

This application seeks permission under WZBL 6.5.1b to construct a 195-square foot second level addition on a previously existing non-conforming dwelling.  The addition would increase the second-floor area from 191 square feet to 386 square feet, an increase of 50.5%.

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 (18.264 square feet where 30,000 square feet is required) and intrusion into the front setback (0.5 Feet where 30 feet is required. ) and side setback (24.5 square feet where 25 square feet is required.)

There will be a slight volumetric increase within the front setback.

There will be a 51-square foot expansion of the current footprint into the front setback.

There will be no change in use.

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

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

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

 The project has received approval from the Conservation Commission.

The Board has found that pursuant to WZBL 8.4.2.3:

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

Reasonable efforts have been made to minimize visibility of parking and service areas from public streets.

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

The Board has found that the proposed alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming 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 8.4.2.

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

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

Wil Sullivan moved to approve the amended July 9, 2020 meeting minutes; seconded by Reatha Ciotti, VOTE:  Wil Sullivan aye; Trevor Pontbriand aye; Reatha Ciotti aye; Jan Morrissey aye; Andy Freeman aye; Sharon Inger aye, passed 6-0.

Andy Freeman moved to adjourn at 7:45 pm; seconded by Trevor Pontbriand.  VOTE:  Andy Freeman aye; Trevor Pontbriand aye; Reatha Ciotti aye; Jan Morrissey aye; Wil Sullivan and Sharon Inger aye.  Passed 6-0.

Respectfully submitted,

Christine Bates, Committee Secretary