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Approved 05/07/15 ZBA meeting minutes

Meeting date: 
Thursday, May 7, 2015

Approved

Zoning Board of Appeals

Meeting Minutes

May 7, 2015 7:00 pm

Wellfleet Senior Center

 

Attendees: Acting Chair Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger, Mick Lynch and Trevor Pontbriand

Regrets:  Vern Jacob, Don Palladino and Nick Nicholson

 

Acting Chair Roger Putnam called the meeting to order at 7:00 pm.

 

7:00 pm

15-15  Paul and Carolyn Godin,   45 King Phillip Road, Map 28, Parcel 215:  Application for a Special Permit under WZB 6.1.5.2(b) to add a 6’ x 8’ bathroom at the SE corner of their dwelling.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Trevor Pontbriand.  Chet Lay, representing the applicant, stated the addition is small and at the back of the house.  The Board had no issues with the application.   Bruce Drucker moved for Findings of Fact:

  1. This is an application for a Special Permit under WZB 6.1.5.2(b) to add a 6’ x 8’ bathroom at the SE corner of the subject dwelling.
  2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for at least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2
  3. The existing non-conformities are inadequate lot area, inadequate frontage and intrusion into the side setbacks
  4. The Board has made a site inspection of the property and has reviewed the plans and specifications for the proposed addition.
  5. The proposed addition modestly increases the footprint of the dwelling from 687 ft.² to 735 ft.²; & the building lot coverage would increase from 8.94% to 9.57%. The additional intrusion into the side setback is in the rear and not obtrusive or large
  6. There was no objection from the abutters.
  7. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 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.
  8. The Board finds that the proposed alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.

 

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

7:08 pm

  1. Karl and Audrey Trieschman, 14 Wigwam St., Map 35, Parcel 134:  Application for a Special Permit under WZB 6.1.5.1(b) for a deck extension and volumetric roof expansion (new dormer) into the Western setback and WZB 6.13 and 6.14 for an exemption to Flood Hazard District Regulations.  The Board consisted of Bruce Drucker, Roger Putnam, Manny Heyliger, Sharon Inger and Trevor Pontbriand.  Jay Horowitz represented the applicant and stated the Conservation Commission hearing is scheduled for May 20, 2015.  He stated the decking in the front of the house is within 6 feet of the existing dwelling.  The dormer over the living room will extend approximately 4’ within the side setback.  He stated the driveway is within the flood zone and a retaining wall will be placed there.  The lot coverage is 10.1% and the proposed construction will increase the lot coverage to 14.4%.   Bruce Drucker moved for Findings of Fact:
  1. This is an application for a Special Permit under WZB 6.1.5.1.(b) for a deck extension and a new dormer for a volumetric increase into the western setback and a flood hazard exemption under WZB 6.13 and 6.14.
  2. The lot is located in the R1 district.
  3. This is a pre-existing non-conforming lot and building having been built in 1964.
  4. The non-conformities consist of lot size and side yard setbacks.
  5. The application requests an increase in lot coverage from 10.1% to 14.4%.
  6. The additional coverage will come from two new decks and an existing deck being screened and roofed.
  7. The volume will also be increased by the addition of a dormer and screened porch which are also new intrusions into the side yard setback.
  8. There will be no change in use.
  9. There will be minimum increase in use.
  10. The use conforms to the objectives of the R1 district.
  11. Public and private views have been considered.
  12. The changes have not been approved by either the Board of Health or the Conservation Commission.
  13. There was no objection from abutters.
  14. The alterations will not be substantially more detrimental to the neighborhood than the present non-conforming structure.
  15. The proposal is not a significant development.

Manny Heyliger moved to approve the Findings of Fact; seconded by Trevor Pontbriand;  passed 5-0.

Bruce Drucker moved to approve the Floodplain Exemption for work within the driveway; seconded by Manny Heyliger; passed 5-0.

Bruce Drucker moved to grant the Special Permit based on the Findings of Fact subject to the condition that the Conservation Commission approves the application  and a copy of that approval is filed with the ZBA decision; seconded by Manny Heyliger; passed 5-0.

7:30 pm

  1. (Amendment)  Community Housing Resource, Inc., 250 Gull Pond Road, Map 8, Parcel 39:  Request for an Amendment (Project Change) from 5 unit condominium for-sale development to 6 rental units.  The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Trevor Pontbriand.  Ted Malone represented the proposed development and stated the State is coming for a site visit and the project eligibility letter will be coming soon.  The Board discussed the Findings of Fact which Town Counsel and the applicant’s attorney reviewed.  Bruce Drucker moved for Findings of Fact:

On March 16, 2015, Community Housing Resource Inc. (“CHR”) requested the Zoning Board of Appeals (“Board”) to determine that a proposed change to the comprehensive permit issued to CHRI on October 30, 2008 (as modified on October 6, 2011, May 15, 2012 and June 20, 2013 and as extended through October 30, 2014 and as exercised through the start of construction on April 15, 2014)(“Comprehensive Permit”), in order to change the project from 5 ownership units, with 9 bedrooms in 3 buildings, to 6 rental units, with 9 bedrooms (three 2 bedroom units and three 1 bedroom units), as an insubstantial change.

CHR extended the 20 day deadline for the Board to make the determination of substantiality through April 16, 2015.

On April 15, 2015, the Board made a site inspection of the subject property and the Board has reviewed the plans and specifications submitted by CHRI.

On April 16, 2015, the Board held a public meeting and a public hearing regarding the proposed change and determined that the proposed change is a substantial change due to the change in housing tenure and readvertised the public hearing on the proposed change for May 7, 2015.

 

 

Pursuant to a unanimous vote of the Wellfleet Board of Selectmen (“BoS”) the Chairman of the BoS sent two letters dated April 21, 2015 to the Undersecretary of the Department of Housing and Community Development (“DHCD”) and to the Associate Director of DHCD in support of the proposed change to the Comprehensive Permit. The two April 21, 2015 letters are included in the file with respect to this application.

On May 7, 2015, the Board continued the public hearing. The Board consisted of Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger and Trevor Pontbriand who were all present for the entire public hearing.

On May 7, 2015, the Board voted to close the public hearing.

On May 7, 2015, the Board deliberated and voted 5 to 0 to approve the proposed modifications to the Comprehensive Permit as consistent with community need and as set forth below, provided that the conditions set forth below are satisfied:

  1. Modifications Approved:
  • Change from 5 ownership units to 6 rental units (three 2 Bedroom units and three 1 Bedroom Units)
  • Add two parking spaces, one surface and one garage space for the additional unit, for 2 spaces per dwelling
  • Change the building design as shown on a Plan Sheet entitled “Sheet 1 of 3” and entitled “Site Plan,” dated March 17, 2015, as prepared by Timothy J. Brady, PE, PLS and on unstamped architectural plans, numbered Sheets 1 through 4 for 250 Gull Pond Road, prepared by Spring Hill Design and dated March 17, 2015 (“2015 Revised Plans”).  A true copy of the 2015 Revised Plans is attached as Exhibit 1.Full size stamped plans were presented to the Board on May 7, 2015
  • Change the footprint of Building 3 and the grading around and the paved surfaces in front of Building 3, as shown on the 2015 Revised Plans.
  • Change the Subsidizing Agency Program so that the Subsidizing Agency shall be the Commonwealth of Massachusetts Department of Housing and Community Development under the Housing Stabilization Fund Program (“HSF”).

 

  1. Conditions:
  • There shall be no more than six units and no more than nine bedrooms as shown on the 2015 Revised Plans.
  • The parking provided shall be at least 2 spaces per unit.
  • The total lot coverage shall not exceed 2.7%.
  • The rental units shall be rented for at least one year.
  • No subletting of the rental units shall be allowed.
  • CHR shall seek and obtain a revised building permit(s) to reflect the changes proposed.
  • CHR shall give notice to the Town Administrator when building permits for each rental unit issues, so the Town may apply to DHCD to add the units to the Subsidized Housing Inventory.
  • DHCD shall approve the change in the subsidizing agency and evidence of the approval shall be provided to the Building Inspector before any occupancy permit issues.
  • Revised regulatory documents shall be finalized and executed and evidence of recording shall be provided to the Building Inspector before any occupancy permit issues.
  • Construction of the Project shall be completed within three years from the issuance of this decision, as filed with the Town Clerk’s Office; however, CHR may return to the Board to request an extension of this deadline before it expires and an extension shall not be unreasonably withheld.
  • No occupancy permit for any unit shall issue unless and until DHCD approves the change in tenure from 5 ownership units to 6 rental units with three 2 Bedroom units and three 1 Bedroom Units.

This modification decision shall be recorded with the Registry of Deeds by CHR and may be appealed as provided for under G.L. c.40B.

Roger Putnam moved to approve the Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.  Bruce Drucker moved to grant the modifications to the Comprehensive Permit subject to the conditions; seconded by Trevor Pontbriand; passed 5-0.

Meeting Minutes:    Bruce Drucker moved to approve the 04/16/15 meeting minutes as edited, seconded by Sharon Inger; passed 5-0.

Business:  none

Bruce Drucker moved to adjourn at 8:00 pm; seconded by Sharon Inger; passed 5-0.

Respectfully submitted;

 

Christine A. Bates, Committee Secretary