ZBA-Minutes
Approved
Wellfleet Zoning Board of Appeals
COA, 7:00 pm
Meeting Minutes of July 11, 2019
Attendees: Sharon Inger, Bruce Drucker, Manny Heyliger, Mick Lynch, Trevor Pontbriand, Wil Sullivan, Janet Morrissey, and Reatha Ciotti.
7:00 pm Chair Sharon Inger requested a moment of silence in respect our former Chair, Roger Putnam.
7:02
19-04 Habitat for Humanity of Cape Cod, Inc., 2254 Old King’s Highway, Map 16, Parcel 110; Application for a Special Permit under WZB 6.28 and MGL c 40B and the Subsidizing Agency of the Dept. of Housing and Community Development (DHCD) under the Local Initiative Program (LIP), Construct four new affordable homes on 123,326 sq. ft (2.831 acres) of land. Project came to Habitat through the Wellfleet Housing Authority. (Cont’d)
The Board consisted of Sharon Inger, Reatha Ciotti, Trevor Pontbriand, Wil Sullivan and Bruce Drucker. Jan Morrissey recused herself.
Town Counsel, Carolyn Murray, stated she and Habitat for Humanity of Cape Cod, Inc. Attorney W. H. Brodie, have reviewed the Findings of Fact and the waivers requested. The following was agreed upon: Old Kings Highway being a scenic way, no stone walls or trees will be removed; the Building Inspector will issue CO’s as the units are ready after inspection; the assessor’s map and lot numbers need clarification; Old Kings Highway is 40 feet wide; a letter from the Fire Chief stated the turn-around area has to be clear in order for emergency vehicles to transverse (no parking in that area); the plans that are dated January 21, 2019, require no revisions; and a notation to the plan identifying the non-buildable area dated 5/16/19. A statement will be made in the decision that there have been various letters of support and non-support of the project. Ms. Murray stated every waiver has been captured between the lawyers. Bruce Drucker moved to accept the Findings of Facts; seconded by Trevor Pontbriand; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact, with conditions; seconded by Trevor Pontbriand; passed 5-0.
Carolyn Murray requested the Board make a motion to authorize Chair Sharon Ingers[SI2] to sign the Decision after minor changes; seconded by Trevor Pontbriand; passed 5-0.
Attorney Brodie thanked the Board and stated they have been trying for years to get affordable housing at this location in Wellfleet through Habitat for Humanity of Cape Cod, Inc.
7:20 pm
19-12 Ment for The Old Bank, LLC, 10 Main Street, Map 15, Parcel 1, Application for a Special Permit under WZB 8.4.2 and 5.3.2 and 6.3.13 to change the use of the building from office use to retail sales of marijuana and for Development of Significant Impact for more than 10 parking spaces. The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Mick Lynch, and Trevor Pontbriand. The hearing was closed for public comment on June 13, 2019. Attorney Jay Murphy stated he appreciated the assistance of Town Counsel. The revisions to conditions were reviewed by Attorney Carolyn Murray, the Applicant, Mr.Murphy and the Board. There was discussion regarding the number of retail shops. . The Board of Selectmen have not limited the number of marijuana retailers. There was discussion regarding Host Agreements and the Cannibus[SI3] Commission’s role. Further discussion took place regarding the square footage and parking spaces required. The Planning Board did not provide a recommendation regarding the parking spaces in response to the ZBA’s request. If there is any additional use on the property, the property owner would have to consult with the building inspector &[SI4] may also have to come back to the ZBA. If traffic becomes a problem, the owner will contact the Wellfleet Police Department for support. Mick Lynch moved to accept the Findings of Fact; seconded by Bruce Drucker, passed 5-0. Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
8:25 pm
19-08 Barisano, 1115 Cahoon Hollow Rd. Map 17, Parcel 10, Application for a Special Permit under WZB 6.1.5 and 6.24 to alter a pre-existing, non-conforming single family residential dwelling within the Seashore Zoning District by removing the current structure and building a new dwelling (Cont’d) The Board consisted of Sharon Inger, Bruce Drucker, Mick Lynch, Manny Heyliger and Trevor Pontbriand, who signed appropriate paperwork to sit on the Board[SI5] . Attorney Ben Zehnder stated the new plans call for the foundation to be lowered and the ridge height to be lowered. The house will be 2 feet smaller, decreasing the floor area, and keeping the lot coverage the same. There was discussion regarding the National Seashore calculations, and Attorney Zehnder provided square footage of neighboring structures which exceed what the applicant wants at 851 sq. ft. Kimberly Belan,, Attorney for the Regan’s, gave several reasons why the Regan’s oppose the project. The property is 1/10 of an acre, the structure will now be 2 stories, the lot coverage is 17%, while increasing the volume. She referenced the letter written by the firm and highlighted key points. Attorney Zehnder rebutted the statements made by Attorney Belan stating the deck and roof have been reduced, and that the Regan’s were ok with the original plan to change lots. Jan Morrissey commented that the project is too big for the lot size. Trevor Pontbriand moved to close the hearing; seconded by Mick Lynch; passed 5-0. The Board’s concerns were a problem with setbacks, moving closer to the abutters, less land and larger house, more detrimental to the neighborhood; and 2nd story impacting the Regans. Mr. Barisano stated he would be happy to move the house with guidance and comply with the Board. Attorney ehnder stated the house has to be moved for the septic. After consideration, Attorney Zehnder requested the application be withdrawn without prejudice. Mick Lynch moved to allow the applicant to withdraw the application without prejudice, seconded by Trevor Pontbriand, passed 5-0.
7:45 pm
19-09 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30, Parcel 22: Application for a Special Permit under WZB 8.4.2 to construct an art installation (Eiffel Tower replica) within a pre-existing, non-conforming yard setback from Lecount Hollow Rd. The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Trevor Pontbriand and Reatha Ciotti. The Board received a letter dated July 10, 2019, from Attorney Eliza Cox requesting the application be withdrawn without prejudice Trevor Pontbriand moved the application be withdrawn without prejudice; seconded by Manny Heyliger; passed 5-0.
7:46
19-10 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30, Parcel 22: Application for a Variance under WZB 5.4.2 yard setbacks for an art installation (Eiffel Tower replica) approximately 27’ from property line abutting Lecount Hollow Rd The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Trevor Pontbriand and Reatha Ciotti. The Board received a letter dated July 10, 2019, from Attorney Eliza Cox requesting the application be withdrawn without prejudice.[SI6] Trevor Pontbriand moved the application be withdrawn without prejudice; seconded by Manny Heyliger; passed 5-0.
7:47
19-18 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30, Parcel 22: Application for Variance under WZB 7.6.2 and 7.6.3 to allow for an approximately 21 foot tall art installation (Eiffel Tower) As necessary, relief is also sought from WZB 7.7 to allow for said installation to be lighted. The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Trevor Pontbriand and Reatha Ciotti. The Board received a letter dated July 10, 2019, from Attorney Eliza Cox requesting the application be withdrawn without prejudice. Trevor Pontbriand moved the application be withdrawn without prejudice; seconded by Manny Heyliger; passed 5-0.
7:48
19-15 Harborside Village CC (James Tierney) 2059 Weatherly Ave, Map 20, Parcel 19, Application for Exemption, Flood Hazard District Regulations (Applicant wishes to construct addition to dwelling). The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Mick Lynch and Trevor Pontbriand. Mr. Tierney stated he is enlarging the current addition and is within the 840 sq. ft. allowed by the prior ZBA decision regarding the trailer park. This project was approved by Conservation Commission. There was a question regarding zoning by-law under which Mr. Tierney filed (6.13) and it was stated it should be 6.14.3. Bruce Drucker moved to allow the bylaw to be changed for[SI7] the filing to reflect the application is pursuant to WZBL 6.14.3; seconded by Trevor Pontbriand; passed 5-0. The applicant will raise the original trailer as well as the addition. Trevor Pontbriand moved for Findings of Fact; seconded by Mick Lynch; passed 5-0.
This is an application for a floodplain exemption under WZBL 6.14.3, as amended.
The Zoning Board of Appeals has received and reviewed the plans and drawings pertaining to the project all of which are in the file.
The Zoning Board of Appeals has made a site inspection of the subject lot.
The lot is in the Floodplain District.
There is a single story 400 square-foot trailer on the lot with an attached single story 200 sq. ft. trailer. The applicant proposes to remove the 200 square-foot trailer and add a 430 square-foot trailer as shown on the drawing in the file. The applicant will raise the new trailer and the existing 400 square-foot trailer approximately 18 to 24 inches each off the ground.
There are no objections from abutters.
The applicant has obtained approval of the Wellfleet Conservation Commission in accordance with MGL Chapter 131, S. 40, the Wetlands Protection Act, and with the Town of Wellfleet's Environmental Protection Bylaw
The proposal will not be more substantially detrimental to the neighborhood than the existing trailer that’s[SI8] being replaced, 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 Residential district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2
The Board finds that the granting of the exemption will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing local laws.
Trevor Pontbriand moved to accept the Findings of Fact; seconded by Mick Lynch, passed 5-0. Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; subject to the following conditions; seconded by Mick Lynch:
The applicant will comply in all respects with the State Building Code, Section 744.0.
Further, the applicant is advised pursuant to WZBL 6.14.4 that the issuance of the exemption may result in increased premium rates for flood insurance.
8:00 pm
19-16 Dalmus, 185 Briar Lane, Map 13, Parcel 120, Appeal from Person Aggrieved regarding said property for intensification of use, increased noise levels and street congestion. The Board consisted of Sharon Inger, Bruce Drucker, Mick Lynch, Manney Heyliger and Trevor Pontbriand. Rebecca Dalmus stated when she moved to her residence, it was a quiet neighborhood. Two to three years ago the noise &[SI9] traffic increased considerably. She has had difficulty getting out of her driveway with traffic congestion. She stated a new lift was placed in the garage and increased the intensity of use as well as creating traffic congestion. The owner of the garage went to the Historical Commission for permission to change the roofline. She stated there are two mechanics working now and work sometimes extends to the weekends and later in the evening. Sharon Inger requested the Building Inspector, Justin Post, provide history on the property. He stated he provided a permit for the roofing. Ms. Dalmus was the first person to complain of noise to him. The Board stated noise and traffic congestion are a police issue. Ms. Dalmus stated the Building Inspector chose not to take any action and that is why she is appealing. Since the Zoning Board of Appeals did not grant any permit[SI10] ¸they can take no action. Ms. Dalmus stated there is an absence of permits for the lift and intensification of use and she was guided by Justin Post in her filing. At the applicant’s request, Mick Lynch moved to allow the application be withdrawn without prejudice; seconded by Trevor Pontbriand; passed 5-0.
Meeting Minutes: Manny Heyliger moved to approve the amended June 13, 2019meeting minutes; seconded by Trevor Pontbriand; passed 5-0.
Business:
Chair Sharon Inger requested the Board look for someone who might be interested in joining the Board, and make sure to communicate with other members.
Bruce Drucker moved to adjourn at 9:00 pm; seconded by Mick Lynch, passed 8-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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