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Approved ZBA mtg mins

Meeting date: 
Thursday, November 3, 2016

Approved

Zoning Board of Appeals

Meeting Minutes

November 3, 2016  7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Reatha Ciotti, Manny Heyliger, and Sibel Asantugrul, Mick Lynch and Trevor Pontbriand.

Regrets:  Don Palladino

7:00 pm

  1. Richard Robicheau, Trustee, 800 Ocean View Drive, Map 17, Parcel 5, Application for a Special Permit under WZB 6.1.5.2b and 6.24 to move dwelling westward from top edge of an eroding marine scarp.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Mick Lynch.  Chet Lay represented the applicant and stated approval was granted from the Conservation Commission.  He gave an overview of the erosion on the bank and the move of the house.  The house will be placed 10 feet from the property line and 35 feet from the pavement.  There will be a full foundation.  Mick Lynch moved for Findings of Fact; seconded by Bruce Drucker, passed 5-0.
  1.  This is an application for a Special Permit under WZB 6.1.5 and 6.24 to move a dwelling westward from the top edge of the eroding scarp.
  2. The lot is located within the National Seashore.
  3. The dwelling is a lawfully pre-existing, non-conforming structure.
  4. The dwelling will be moved to within 10 feet of the front lot line.
  5. There will be no increase in lot coverage.
  6. There will be no increase in volume.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. There was no objection from abutters.
  10. The project has received approval from the Conservation Commission.
  11. This project has approval of MESA.
  12. The project conforms to the regulations of the CCNSS.
  13. This project will not create a situation more detrimental to the neighborhood than the existing structure.
  14. The proposal will not create a development of significant impact.

Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger, passed 5-0.  Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger, passed 5-0.

7:10 pm

  1.  Frances Francis, 355 Main Street, Map 14, Parcel 171, Application for a Special Permit under WZB 8.4.2 and 9.2.3 for use of first floor of structure as rental retail / business / office, second floor as a 2-bedroom apartment for rent, the existing commercially zoned basement space to be rented as retail / office, and the rebuilt barn to be used and rented as retail / business.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Reatha Ciotti.  Ms. Francis stated she is under contract to buy the building and explained all the rentals she wants on the property.  No additional work will be done on the property.  Bruce Drucker moved for Findings of Fact; seconded by Sharon Inger; passed 5-0
  1.  This is an application under WZB 8.4.2 and 9.2.3 for changes in use in a commercial structure within the Main Street Overlay District.
  2. The building is a lawfully pre-existing building, having been built in 1850 according to the Assessor’s records.
  3. The application desires to change the uses of the structure from a professional office to retail or to office use, the second floor to apartment use and the barn and basement to retail use.
  4. There will be no increase in lot coverage.
  5. There will be no change in volume.
  6. There will be changes in use.
  7. The uses are permitted in the Overlay District and conform to the District objectives.
  8. The uses contribute to the diversity of services available.
  9. There are no objections from abutters.
  10. The proposal will not create a situation more detrimental to the neighborhood than the existing uses.

Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0. 

7:15

  1. Prince Landscaping, Inc., 768 State Highway, Map 42, Parcel 44:  Appeal from Person Aggrieved:  A sign permit granted by Building Inspector on 01/29/16 has been found not to comply with new town bylaw by the Building Inspector.  Applicant wishes to be able to keep current sign.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Mick Lynch and Sharon Inger.  Dylan and Lynda Prince came to the table and stated a sign was granted from the Building Inspector in January 2016 and was constructed and put in place in April 2016 in reliance on the permit.  Subsequently, they were informed by the Building Inspector in May the sign was not in agreement with the current by-laws and were told the sign would have to come down.  Dylan stated he had redesigned the sign and had further conversations with the BI.  The Prince’s stated it would be very expensive to replace the sign and did everything they had been told to once the permit was granted.  The Board agreed this would be a hardship and posed no safety issues.  Bruce Drucker expressed his concerns with the information (or lack of) that people have been receiving from the part time Building Inspector.  The Board felt the applicants did their due diligence and did everything reasonable to comply with the town’s sign by-law.    Mick Lynch moved for Findings of Fact; seconded by Sharon Inger; passed 5-0 

 

  1. Applicants seek to keep a 20 ft.² sign on their lot which they paid for and installed after the Wellfleet Building Inspector issued a permit on January 29, 2016.
  2. The applicants fully disclosed all dimensions and other relevant features of the sign in applying for the permit issued by the Building Inspector; applicants paid the required fee for the permit; and, applicants spent $1800 for the sign and installed it after the Building Inspector issued the sign permit.
  3. The applicants operate a landscaping business on the premises which employs several persons.
  4. The applicants’ business is consistent with the objectives of the District in which it is located as stated in WZBL 3.2.
  5. Subsequent to the applicants’ paying $1800 for the sign and the installation of it on the subject lot the Building Inspector advised the applicants that the sign did not comply with the Wellfleet Zoning By-Law regarding sign dimensions.
  6. Apparently the Building Inspector had relied on an outdated edition of the Wellfleet Zoning By-Law that did not contain the 2015 changes to the sign by-law in issuing the permit.
  7. There was no opposition to the application. The Building Inspector has resigned and did not appear at the hearing or submit any written statement. No one has appeared on behalf of the Town to deny the validity of the sign permit issued by the Building Inspector. There is no known written document by or on behalf of the Town denying the validity of the permit or ordering the applicants to remove the sign.
  8. The ZBA has inspected the subject lot & sign. The sign is tasteful, typical of other signs along Route 6 in appearance, and identifies the landscaping business on the property.
  9. The Board takes notice of the following facts:
    1. There are obvious violations of Wellfleet’s sign bylaw (Wellfleet Zoning By-Law, Article 7) throughout the Town, particularly during the tourist season, which are routinely ignored by Town officials responsible for enforcing the bylaw as provided for in Wellfleet Charter 3-2-2 and Wellfleet Zoning By-Law 8.1.
    2. The Massachusetts Atty. Gen.’s August 8, 2016 letter to Wellfleet questioned the validity of Wellfleet’s sign bylaw.
    3. The Town has typically been lax in providing the ZBA & Building Inspector with current editions of the zoning bylaw.
    4. There is no basis in Wellfleet Zoning By-Law Article 7 including the sign by-law objectives, supporting the 12 ft.² size limitation for signs in the Commercial 2 District as compared with the 64 ft.² sign allowance for signs in the Commercial District since both districts abut another along Route 6 and are directly opposite one another along Route 6.
  10. The Board finds that:
    1. The applicants’ 20 ft.² sign is consistent in appearance and size with many other signs along Route 6 in both the Commercial District and Commercial 2 District.
    2. The applicants’ sign is consistent with the objectives of the sign bylaw as stated in Wellfleet Zoning By-Law 7.1, namely “To preserve and enhance town character by requiring new or replacement signs which are compatible with their surroundings and are appropriately sized for their location. To promote the public welfare and safety through the elimination of roadside distractions.”
    3. The applicants’ sign is not more substantially detrimental to the neighborhood than the existing signs along Route 6 in both the Commercial and Commercial 2 Districts.
    4. The applicants have demonstrated that the benefits of the sign permitted by the Building Inspector will outweigh any adverse effects on the Town and the vicinity after considering the District Objectives as stated in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2.
    5. The applicants justifiably and reasonably relied upon the validity of the permit issued by the Building Inspector in paying $1800 for the sign and installing it on the subject property.
    6. The applicants have done everything reasonably possible or expected of a Wellfleet property or business owner to comply with the Wellfleet Zoning By-Law.
    7. In light of all the circumstances and in the interests of fairness & justice the applicants have demonstrated that the application should be granted.

Mick Lynch moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.

Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Roger Putnam moved to refund the applicants $50.00; seconded by Mick Lynch; passed 5-0.

Business:  Sharon Inger reported the Housing Authority has a buy down for 3 houses.  

Meeting Minutes:  Roger Putnam moved to approve the amended 10/06/16 and 10/20/16 meeting minutes; seconded by Bruce Drucker, passed 8-0.

 

Mick Lynch moved to adjourn at 8:00 pm, seconded by Trevor Pontbriand; passed 8-0.

Respectfully submitted,

Christine Bates, Committee Secretary