ZBA-Minutes
Approved
Wellfleet Zoning Board of Appeals
COA, 7:00 pm
Meeting Minutes of June 13, 2019
Attendees: Sharon Inger, Bruce Drucker, Manny Heyliger, Mick Lynch, Trevor Pontbriand, Wil Sullivan, and Reatha Ciotti.
Regrets: Roger Putnam and Janet Morrissey
7:00 pm
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, Wil Sullivan, Trevor Pontbriand, Reatha Ciotti, and Bruce Drucker¸ replacing Roger Putnam. (Drucker signed the appropriate paperwork since he was not a previous Board member for this hearing). The following letters were read: Rebekah Eldridge, Committee Secretary for the Board of Health stating the Board voted to approve a variance and must install a catch basin 42’ from the well on parcel 120, Map 16; letter from Fire Chief, Richard J. Pauley, stating the Fire Department did not have any concerns or objections and access must be from Old Kings Highway; and Ellen Rubenstein, supporting the project and a letter from Charles Merzbacher and Marcia Dworkind, expressing concerns with water quality. Charles Merzbacher presented a photograph of Old Kings Highway with water in the road reportedly near his well. A representative from J. M. O’Reilly stated the drainage was designed for a 50-year storm, which exceeds the requirements. The water will be intercepted at the street and water will not go into the road. There will be a series of road catch basins as well as trenching at the property line. Bruce Littman, abutter, stated EverSource expressed concern with an alternate access on Old Gull Pond and MESA would not allow access on Old Gull Pond Road due to habitat in the area. Attorney Carolyn Murray reviewed waivers with the Board. Wil Sullivan moved to close the public hearing, seconded by Trevor Pontbriand; passed 5-0. Attorney Carolyn Murray read all the requested waivers:
Every lot is requesting a waiver for being undersize, every lot is requesting a waiver of frontage setback requirements, lot 1is seeking a reduction in its rear yard setback, , lot 2 is requesting a rear yard setback waiver, lot 4 is requesting a rear yard set back waiver: Trevor Pontbriand moved to accept the waivers; seconded by Bruce Drucker; passed 5-0.
Shed waivers – Trevor Pontbriand moved to approve the shed request waivers; seconded by Bruce Drucker; passed 5-0.
Waiver for application fee, Trevor Pontbriand moved to approve the waiver request; seconded by Bruce Drucker; passed 5-0.
Waiver from WZB 6.1.7 driveway curb cut permit fee by not going to DPW: Trevor Pontbriand moved to approve the waiver request; seconded by Bruce Drucker; passed 5-0
Waiver for 6.28 stating this is 100% affordable – Trevor Pontbriand moved to approve the waiver; seconded by Wil Sullivan; passed 5-0. [I don’t recall this one]
Waiver for temporary construction sign – Trevor Pontbriand moved to approve the waver; seconded by Bruce Drucker; passed 5-0.
Waiver for 8.2.51 compliance for future By-Laws (future modifications to the houses) – Trevor Pontbriand moved to deny as not necessary; seconded by Bruce Drucker; passed 5-0.
Waiver to WZB 8.5 – Trevor Pontbriand moved to denyas not necessary; seconded by Bruce Drucker; passed 5-0.
Waiver for septic / water which was approved by the Board of Health; Trevor Pontbriand moved to approve the waiver; seconded by Bruce Drucker; passed 5-0.
Waiver for all fees; Trevor Pontbriand moved to approve the waiver; seconded by Bruce Drucker; passed 5-0.
Waiver from Planning Board Subdivision regulations; ZBA to approve the plan; Trevor Pontbriand moved the waiver; seconded by Bruce Drucker; passed 5-0.
Planning Board Subdivision and regulations (performance evaluation to be performed and inspections), Waiver for lot size: Trevor Pontbriand moved to approve the waiver; Wil Sullivan seconded; passed 5-0.
Waiver for WZB 4.03 and 4.04 4.09: Trevor Pontbriand moved to approve the waiver;; seconded by Bruce Drucker; passed 5-0.
Generic Waiver for housekeeping: Trevor Pontbriand moved to approve the waiver; seconded by Bruce Drucker; passed 5-0.
Waiver for other fees (Health, Building Dept and Fire Dept and Inspections): Trevor Pontbriand moved to approve the waiver; seconded by Bruce Drucker; passed 5-0.
Attorney Carolyn Murray recommended the Board continue the hearing to July 11, 2019 in order to finalize the comprehensive permit. Trevor Pontbriand moved to continue to July 11, 2019; seconded by Bruce Drucker; passed 5-0.
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. Mick Lynch recused himself. The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Trevor Pontbriand, and Reatha Ciotti. Attorney Eliza Cox represented the applicant and gave a history of the property. She provided information on the art installation resembling the Eiffel Tower and stated the only relief is from front setback requirement. The height of the tower will be 21’ (not including the base structure) and has internal lighting. The Conservation Commission approved the location of the project. John Nealon and Michael Rose supported the project. After discussion, the Board determined this fits the WZBL definition of a sign. Attorney Cox requested a continuation to July 11, 2019 In order to file a supplemental application. Bruce Drucker moved to continue to July 11, 2019; seconded by Trevor Pontbriand; passed 5-0.
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. Bruce Drucker moved to continue to July 11, 2019; seconded by Trevor Pontbriand.
19-11 Nealon, 95 Lecount Hollow Rd., Map 30, Parcel 10, Application for a Special Permit under WZBL 6.1.5.1(b) to add a second story to the dwelling. There will be no change to the footprint. Trevor Pontbriand recused himself. The Board consist of Sharon Inger, Bruce Drucker, Mick Lynch, Manny Heyliger and Reatha Ciotti. Mr. Nealon provided the history of his property stating they wished to add a second floor to their dwelling. Gary Locke, Engineer, gave an overview of the design of the second story, stating there will be no change to the footprint, only a volumetric increase. Bruce Drucker moved for Findings of Fact; seconded by Reatha Ciotti; passed 5-0.
The lot is in the R1 District.
The dwelling is a lawfully pre-existing, non-conforming structure having been built in 1955 according to the Assessor’s Office.
The Board has made a site inspection of the lot.
The existing non-conformity regarding the structure is intrusion into the side setback.
The lot is lawfully pre-existing, non-conforming.
There will be a volumetric increase in the side setback by virtue of the construction of the second story.
The addition to the structure will be constructed entirely on the current footprint.
There will be no change in use.
The use conforms with the objectives of the R1 District as stated in WZB 3.2
There were no appearances or correspondence either for or against the project.
The roads, drainage, and other public services are adequate for the project.
There will be a 3.98-foot volumetric intrusion into the side setback.
There will be no increase in the current building coverage of 4.4%.
The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
After considering the District Objectives for the zoning district as provided for in WZB 3.2 and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
The Board has found that pursuant to WZB 8.4.2.3
Scenic views from public ways and developed properties have been considerately treated
There will be no additional parking as a result
There is no public access to the shoreline on the property.
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 Mick Lynch; passed 5-0 with the condition the applicant must obtain approval of the septic system from the Board of Health.
7:50 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. Attorney Carolyn Murray sat at the table. The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Mick Lynch, and Trevor Pontbriand. Attorney Lester Jay Murphy and Zac Ment came to the table. Attorney Murphy gave an overview of the application and stated this application would require 7 parking spaces at this time. He stated this neighborhood is a mix of commercial and residential uses. The State has very strict regulations which must be followed for retail marijuana. The Conservation Commission approved this use on the property and there is a Host Town Agreement between the owner and the Board of Selectmen. The business will be open year-round and there will be seasonal and year-round employment. There will be many upgrades to the property, including a security entrance, main lobby, sales floor, and storage upstairs. Ed Diminguss, the architect for the project, gave an overview of the building, property and entrance to the parking area. Zac Ment described the floor plan to the Board. The Security Officer gave his history in law enforcement and stated they had a discussion with the Wellfleet Police Chief. He stated the security regulations are set by the State and there will be video cameras located throughout the property. There will be 2 alarm systems, back up power systems, training will be provided to staff, a contract will be signed by clients, and there will be two secure doors. Delivery vans will be used at random times of the day, using the door facing Main Street. The following letters were read into the record: Mr. Machado objected to the project, and the following people supported the project: Ginny Parker, Alix Tillett, Kevin Rice, Nancy Cook, Susan Siebert, Brian Scalley, Eliza Fitts and Ken Kozak as well as Fire Chief Pauley. There will be a parking attendant and if there are parking issues, sales will be set up by appointment only. The store may be open by May or June 2020. The accessory building could be used as another business in the future with appropriate permissions/permits. The sign will be approximately 2’ by 8’. The store will be open 10:00 am to 8:00 pm, with lighting meeting the guidelines, covering the parking lot. At the request of the Board, Town Counsel will provide Findings of Facts. Trevor Pontbriand moved to close the Public Hearing; seconded by Bruce Drucker; passed 5-0. Mick Lynch moved to continue to July 11, 2019; seconded by Manny Heyliger; passed 5-0.
Will Sullivan left the meeting at 8:55 pm
8:55 pm
19-13 Taylor, 105 Kerouach Road, Map 8, Parcel 30, Application for an Affordable Accessory Dwelling Unit under WZB 6.21. The Board consisted of Sharon Inger, Bruce Drucker, Mick Lynch, Manny Heyliger and Trevor Pontbriand. Nat Taylor gave an overview of his proposed. The Board had made a site visit. A letter from Mr. Aiken, abutter, was read into the record expressing concern with the location of the driveway. Mr. Taylor stated he initially wanted to locate parking on the flattest part of the property with two spots just off the road. He stated he would like to build both dwellings -- principal dwelling & accessory dwelling --at the same time. The Board determined they could grant the AADU request after a discussion. Sharon Inger moved to close the Public Hearing and moved for Findings of Fact; seconded by Bruce Drucker; passed 5-0.
This is an application for an Affordable Accessory Dwelling Unit under WZB 6.21.
The applicant proposes to construct a 2-story Affordable Accessory Dwelling Unit. The proposed AADU is a detached building, namely, the “Bristol” model designed & furnished by Vermont Frames of Hinesburg, Vermont.
The livable floor area of the proposed Affordable Accessory Dwelling Unit is approximately 1152 ft.².
The Board has made inspection of the subject lot.
There was one objection to the application.
Pursuant to WZBL 8.4.2 the Board finds that nearby land uses will not be damaged by the proposed AADU; that the roads, drainage and other public services are adequate in relation to the location of the proposed AADU, that the proposed AADU will contribute to the diversity of affordable housing opportunities locally; that there are no seasonal consequences to the proposal; that scenic views from public ways and develop properties have been considerately treated; that the visibility of parking is minimized; and that no traditional public access to or along the shoreline has been affected.
After considering the District Objectives for the zoning district as provided for in WZBL 3.2, the purpose of WZBL 6.21 “of promoting the development of affordable rental housing in Wellfleet for year-round residents” and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Reatha Ciotti moved to approve the Findings of Facts; seconded by Manny Heyliger; passed 5-0. Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0 with the following conditions:
STANDARD CONDITIONS FOR AFFORDABLE ACCESSORY DWELLING UNITS
IN ACCORDANCE WITH SECTION 6.21 OF THE WELLFLEET ZONING BY-LAW
1. The special permit conditions that follow shall be deemed an affordable housing deed restriction in a form satisfactory to the Zoning Board of Appeals in accordance with Section 6.21.2 of the Wellfleet Zoning Bylaw. Failure to comply with any of these provisions shall be considered a violation of special permit requirements and may be subject to fines established in Section 8.3 of the Zoning Bylaw and/or to enforcement requiring removal of the unit.
2. All occupants of the affordable accessory dwelling unit described herein shall upon initial application and annually thereafter on the first of September submit to the Town or its agent documentation to confirm their eligibility for the dwelling unit. All dwelling units must be rented to those meeting established guidelines for low- or moderate-income families. For the purpose of this section of the Bylaw low income families shall have an income less than 80% of the Town of Wellfleet median family income, and moderate income families shall have an income between 80% and 120% of the Town of Wellfleet median family income, as determined by the United States Department of Housing and Urban Development (HUD) published Income Guidelines, as may from time to time be amended.
3. Maximum rents for the affordable accessory dwelling unit described herein shall be established in accordance with HUD published Fair Market Rental Guidelines. Property owners are required to submit to the Town or its agent information on the rent to be charged. Each year thereafter on the first of September they shall submit information on annual rents charged to the Town or its agent on forms provided for this purpose. Rents may be adjusted annually in accordance with amendments to the HUD Fair Market Rental Guidelines.
4. The property owner named herein shall complete and submit to the Building Inspector an application for a Building Permit to allow a change in use.
5. The septic system is required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
6. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes.
7. The property owner named herein shall obtain a Certificate of Occupancy from the Building Inspector prior to the affordable accessory dwelling unit being occupied.
8. The affordable accessory dwelling unit shall not be separated by ownership from the principal dwelling unit or principal structure.
9. The lot containing an affordable accessory dwelling unit shall be subject to a recorded restriction that shall restrict the lot owner’s ability to convey interest in the affordable accessory dwelling unit, except leasehold estates, for the term of the restriction.
19-14 Larocco for Dunkin Donuts, 2393 State Highway Route 6, Map 23, Parcel 211, Application for a Special Permit under WZB 5.3.2 and 8.4.2 to sell ice cream on a seasonal basis from a cart outside the customer pick-up window area. The Board consisted of Sharon Inger, Bruce Drucker, Manny Heyliger, Mick Lynch, and Reatha Ciotti. Neil Faucker and Courtney Larocco came to the table and stated they wanted to do a product extension with serving hard ice cream. A cart will be wheeled out during the hours of 11:00 am to 8:00 pm, then wheeled back into the restaurant. This will be on a seasonal basis from June to September 15. Dan Silverman stated the site has intense use on it, lighting has been intrusive on the property, and the housekeeping has been maintained to a minimal standard. Building Inspector, Justin Post, stated he has talked with the owner of the property. Mr. Faucker stated they would not be using the light on the cart. Bruce Drucker moved to close the Public Hearing and moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.
1. The application is for a Special Permit for an outside small ice cream cart serving six flavors. The ice cream cart would be rolled in and out of the building on a daily basis. This application is at the existing Dunkin’ Donuts restaurant located in Wellfleet at 2393 State Hwy. (Route 6) Map 23 Parcel 211 in the C1 District.
2. The applicable provisions for this application under the town of Wellfleet zoning bylaws are Section 5.3 including, without limitation, section 5.3.2, and Section 8.4.2.
3. The proposed ice cream cart is a Food Truck as defined in Section 2.1 of the Town of Wellfleet Zoning Bylaws.
4. The proposed ice cream cart could also be deemed Roadside Stand, Temporary, as ice cream can be classified as a “perishable good” as set forth in Section 2.1 of the Town of Wellfleet Zoning Bylaws.
5. Section 8.4.2 provides that the zoning Board of Appeals shall not grant a special permit unless it finds that the benefits of the proposal to the town will outweigh any adverse effects on the town of the vicinity, taking into consideration the stated district objectives. (Section 3.2 Commercial)
6. The District objectives for the commercial district pursuant to Wellfleet Bylaw 3.2 is to provide for small and moderate scale business development while minimizing visibility of parked autos, and avoiding creation of hazards or congestion.
7. Section 8.4.2.1:
A. The Board finds that the proposed location for the proposed ice cream cart is suitable in that it is compatible with nearby land uses which would not be damaged by the proposed use nearby.
B. The Board finds that the roads, drainage and other public utilities are sufficient to support the proposed ice cream cart.
C. The Board finds that the site for the proposed ice cream cart will not contribute to environmental damage.
8. Section 8.4.2.2:
The Board finds that the proposed ice cream cart will not materially impact peak congestion but otherwise will not contribute to diversity of services, housing opportunities or year-round employment.
9. Section 8.4.2.3: Not Applicable
A. The hours of operation may not exceed the following 11:00 am to 8:00 pm:
B. The ice cream cart shall be stored indoors when not in active use.
C. No increase of the current outside seating (three tables) shall be allowed.
D. Lights shall not be used on the cart
Bruce Drucker moved to grant the Special Permit based on the Findings of Facts and Conditions; seconded by Manny Heyliger; passed 5-0.
Meeting Minutes Trevor Pontbriand moved to approve the amended April 11, 2019 meeting minutes; seconded by Reatha Ciotti; passed 4-0
Bruce Drucker moved to approve the amended May 9, 2019 meeting minutes; seconded by Reatha Ciotti; passed 5-0.
Business
Mick Lynch moved to adjourn at 10:15 pm; seconded by Reatha Ciotti; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary