Approved ZBA mtg mins

Meeting date: 
Thursday, March 16, 2017

Approved

                          

Zoning Board of Appeals

Meeting Minutes

March 16 2017   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Manny Heyliger, Mike Lynch, Sharon Inger, Reatha Ciotti, Don Palladino, and Trevor Pontbriand, Building Inspector Justin Post and Christine Bates, Committee Secretary

Regrets: Sibel Asantugrul

7:00 pm

17-08  Olaf and Angie Valli, 3 West Main St., Map 14, Parcel 146:  application for a Special Permit to restore and alter an existing single story retail space with a two story building with retail space, restaurant, and single residential apartment on second floor, relief from setback requirements, building coverage and minimum lot requirements and parking requirements. The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Mick Lynch and Sharon Inger.  Attorney Zehnder represented the applicant.  There was a one year right following the 2015 fire to rebuild which has expired, but because the property was not abandoned, they are applying for a Special Permit.  They are requesting a retail space for their Sick Day retail sales, along with a coffee shop.  Olaf Valli stated there would be an additional retail space for rent, along with a 5 bedroom apartment above the shops.  Attorney Zehnder gave the history of the previous application with a one story request, changed to a two story, and finally a withdrawal of the application.  The proposed building will be moved forward to the 25’ setback of Main Street.  A revised plan was presented that identified 1 handicapped parking spot in the front.  Chair Putnam stated he would like the police department to review the handicapped parking spot due to the safety issues of backing out on Main Street but the Board didn’t feel that was necessary.  The septic has not been reviewed by the Board of Health.  There will be 15 parking spots available in the back of the building.  The building will be on town water.  The dwelling use in the CD is a matter of right.    Attorney Zehnder stated he felt all the uses require a special permit and 3 applications should have been submitted.  Mick Lynch stated he felt the board could reach a decision with the one application.  Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger, passed 5-0.

  1. The property comprises approximately 10,900 square feet of land and 67 linear feet of frontage on West Main Street and is located in the Central zoning district.
  2. The property is nonconforming as to lot area, where 20,000 square feet is required, and as to street frontage, where 125 feet is required.
  3. The property is unimproved with any structure, the existing retail gallery and office structure having been destroyed by fire in 2015.
  4. Neither the applicant nor the former owner evidenced any intention to abandon any nonconforming structural or use rights.
  5. The proposal is nonconforming as to: 1) east side yard setback, being 13.4 feet where 20 feet is required; and 2) west side yard setback, being 11.2 feet where 20 feet is required.
  6. The proposal is nonconforming as to building lot coverage, having 19.4% where 15 % is the maximum.
  7. The applicant proposes a retail and coffee shop use on the first floor, and a five bedroom dwelling on the second floor.
  8. The proposal provides 15 parking spaces, including a handicapped space, where the proposed uses would require 22 spaces, but there is also parking along Main Street.
  9. The proposed alteration will improve the visual appearance of the property.
  10. The proposal will increase the taxable value of the property.
  11. There are no identifiable adverse effects on the Town and vicinity associated with the proposal.
  12. The proposal will not be substantially more detrimental to the neighborhood than the prior structure and use, 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 Special Permit Granting Objectives as forth in Section 8.4.2 of the Wellfleet Zoning Bylaws.
     

Mick Lynch moved the Findings of Fact; seconded by Manny Heyliger; passed 4-0 with Bruce Drucker abstaining.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 4-0 with Bruce Drucker abstaining with the following conditions regarding the Special Permit:

  1. The project must receive Board of Health approval.
  2. The handicapped parking space must conform to regulations.

3    The prior Special Permit granted with respect to this property on April 21, 2016 (Application 16 – 13, James and Susan K Collins) is vacated.

7:35 pm

17-09   Thomas and Lisa Cohn, 40 First Ave, Map 30, Parcel 124: Application for a Special Permit under WZB 6.1 to alter a pre-existing, non-conforming residential dwelling (expand footprint on southwest side, install a mudroom, bedroom, playroom, bath, mechanicals/storage/laundry areas, outdoor shower, entryway from parking area through a stone and glass alleyway, 2nd floor expand floorplan to add a library space, foyer and informal dining room, covered porch on main level, above the stone and glass alleyway, screened porch and deck, exterior stairway.)  The Board consisted of Roger Putnam, Reatha Ciotti, Manny Heyliger, Bruce Drucker and Sharon Inger.  Ralph Mackin, architect, and Attorney Ben Zehnder represented the applicant.  Attorney Zehnder stated this is a non-conforming lot, which was divided.  He identified the setbacks of the current dwelling, and the additions.  It will go to 13.9% lot coverage.  Mr. Mackin made a presentation identifying the existing structure and the setbacks and the proposed additions.  The bedroom count will remain the same.  Mr. Zehnder stated this is a legal lot, and two cottages were built in the 1950’s in a subdivision prior to zoning.  Attorney Zehnder stated any structure that was non-compliant for over 10 years is now considered lawfully pre-existing and can receive special permits.  The property was sold as one lot originally but is now considered two lots due to an ANR.  Members of the Board expressed concern with how close the porch comes to the cottage on the south side of the property line near the other cottage.  However, both properties are owned by the applicants. There was a discrepancy with the information presented on the plan and the paperwork, and Attorney Zehnder stated the engineer measured from mean high water.  Manny Heyliger moved for Findings of Fact; seconded by Sharon Inger; passed 5-0.         

  1. The property comprises approximately 15,890 square feet of land and 80 linear feet of frontage on First Avenue and is located in the Residential zoning district.
  2. The property is nonconforming as to lot area, where 30,000 square feet is required, and as to street frontage, where 135 feet is required.
  3. The property is improved with a two-story wood-framed single family dwelling with approximately 1,379 square feet of area, for a lot coverage of 8.7%.
  4. The structure is nonconforming as to: 1) south side yard setback, being 3.6 feet where 25 feet is required; and 2) north side yard setback, being 12.3 feet from the rear lot line where 25 feet is required.
  5. The proposed alteration will decrease the northerly sideline setback encroachment to 18.5 feet and will maintain the existing southerly sideline setback at 3.6 feet.
  6. The proposed alteration will increase lot coverage by 825 square feet to a total of 2,204 square feet, and the percentage of lot coverage from 8.7% to 13.9%, still under the maximum lot coverage of 15%.
  7. The proposed alteration will improve the visual appearance of the property.
  8. The proposal will increase the taxable value of the property and will provide the applicant continued enjoyment of the property.
  9. There are no identifiable adverse effects on the Town and vicinity associated with the proposal.
  10. The proposal will not be substantially more detrimental to the neighborhood than the existing nonconforming 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 Special Permit Granting Objectives as forth in Section 8.4.2 of the Wellfleet Zoning Bylaws.
     

Manny Heyliger moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Manny Heyliger moved to grant the Special Permit subject to the approval of the Conservation Commission; seconded by Reatha Ciotti; passed 5-0.

8:15 pm

17-10  Brian and Cindy Batchelder, 405 Wilson Ave., Map 30, Parcel 613, Application for a Special Permit under 6.1.5 and 6.24 to construct an addition to current pre-existing, non-conforming residential dwelling within the National Seashore District (addition to easterly side of house to fill in current deck space in an ell of the existing building, small addition to fill in a gap on the northerly side of house, new chimney on westerly side of house, removal and demolition of existing wood ramp leading from Wilson Ave to current deck, construct new deck and outdoor shower, demolish existing shed and construct new shed).  The Board consisted of Roger Putnam, Bruce Drucker, Trevor Pontbriand, Sharon Inger, and Mick Lynch.  Attorney Ben Zehnder represented the applicant and stated the family has a history at the seashore for several years.  He gave an overview of the proposed construction and provided the lot sizes of abutting properties.  The lot coverage will go from 11.5% to 14.5%.  There were 2 letters from abutters supporting the project and the National Park Service objected due to their concern the construction would be too large for the lot.  There was discussion regarding the seashore guidelines and the Certificate Suspension of Condemnation.  Mick Lynch moved for Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.

  1. The property comprises approximately 8,640 square feet of land and 128 linear feet of frontage on Wilson Avenue and is located in the National Seashore Park zoning district.
  2. The property is nonconforming as to lot area, where three acres is required, and as to street frontage, where 200 feet is required.
  3. The property is improved with a two-story wood-framed single family dwelling and a shed containing approximately 996 square feet of area, for a lot coverage of 11.5%.
  4. The structure is nonconforming as to: 1)  front yard setback, being 17 feet from Wilson Avenue where 50 feet is required; 2) rear yard setback, being 13 feet from the rear lot line where 35 feet is required; and 3) lot coverage, having 11.5% where the maximum required is 5%.
  5. The existing dwelling structure on the property was built in 1955.
  6. The applicant proposes to remove a handicapped ramp and to construct two small additions, an outdoor shower and a deck, all as shown on the plans submitted.
  7. The proposed alteration will intensify the northerly rear setback encroachment by 4 feet in the location of the proposed outdoor shower to a setback distance of 9 feet.
  8. The proposed alteration will increase lot coverage by 259 square feet to a total of 1255 square feet, and the percentage of lot coverage by from 11.5% to 14.5%.
  9. The proposed alteration will improve the visual appearance of the property.
  10. The proposal will increase the taxable value of the property and will provide the applicant continued enjoyment of the property.
  11. There are no identifiable adverse effects on the Town and vicinity associated with the proposal.
  12. The proposal will not be substantially more detrimental to the neighborhood than the existing nonconforming 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 Special Permit Granting Objectives as forth in Section 8.4.2 of the Wellfleet Zoning Bylaws and the Standards and Criteria for granting a National Seashore Park Special Permit set forth in Section 6.24.3 of the Wellfleet Zoning Bylaws.
     

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

  Business:

 Bruce Drucker amended the January 18, 2017 Executive Session meeting minutes.  Mick Lynch moved to approve the amended meeting minutes; seconded by Bruce Drucker; passed 8-0.

Bruce Drucker moved to publish the meetings on the Town Web Site; seconded by Sharon Inger; passed 8-0.

40B meeting – request for another date from Ted Malone.  The Board determined that the May 18, 2017 meeting date would be best for all involved.  Contact with Ted Malone will request their lawyer prepare a draft comprehensive permit for the Board.

Meeting Minutes – to be addressed at next meeting.

Mick Lynch moved to adjourn at 8:55 pm; seconded by Bruce Drucker; 8-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary