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Approved 07/16/15 ZBA Mtg Mins

Meeting date: 
Thursday, July 16, 2015

Approved

Zoning Board of Appeals

Meeting Minutes

July 16, 2015 7:00 pm

Wellfleet Senior Center

Attendees: Chair Roger Putnam, Bruce Drucker, Vern Jacob, Sharon Inger, and Trevor Pontbriand 

Regrets:  Manny Heyliger, Don Palladino, Mick Lynch

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

7:00 pm

  1. Judith Blau, 75 Summit, Map 20, Parcel 123.2:  Application for Affordable Accessory Dwelling Unit under WZB 6.21.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Trevor Pontbriand and Vernon Jacob.  Ms. Blau stated she is residing in the studio and there are 3 people on the deed.  Reva Blau, daughter, gave a history of the main house and stated it is considered 3 bedrooms.  The studio is an open area with cooking facilities.  The couple living in the main house qualify under the AADU and the livable space is 1,082 sq. ft.  Steven Bliss, abutter, questioned if any future building was going to take place and the answer is no.  The Board had originally believed the studio was going to become the AADU, but it is the main house.  Sharon Inger moved for Findings of Fact; seconded by Vern Jacob; passed 5-0.
  1. This is an application under WZBL 6.21 to convert the so called main dwelling on the lot to an affordable accessory dwelling unit.
  1. The livable floor area of the proposed affordable accessory dwelling unit is approximately 1082 ft.².
  1. The abutters have not objected to the application.
  1. The application for the affordable accessory dwelling unit is not for the so-called studio on the lot which is now the “principal dwelling” and the dwelling which is the subject of this application is now the “affordable accessory dwelling unit” per WZBL 6.21.
  1. 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.

Bruce Drucker moved to approve the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Bruce Drucker moved to grant the Special Permit with the following conditions; seconded by Sharon Inger; passed 5-0.

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 then 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.

7:35 pm

 15-20  Frederick and Lauren Bromberg, 195 Samoset Ave., Map 28, Parcel 97:  Application for a Special    Permit under M.G.L.c.40A, s.6 and WZB 6.1 to demolish existing dwelling on a pre-existing, non-conforming lot and construct a new dwelling and 2) a Floodplain Exemption under WZB 6.13 and 6.14.

Bruce Drucker moved to grant the applicants’ request for a second continuance to August 20, 2015, and further moved that:

1.No later than August 13, 2015 the applicants or their representatives shall file with the Zoning Board of Appeals secretary 10 copies of all documents required by the ZBA’s rules and procedures including a complete site plan prepared and stamped by a registered civil engineer and/or a registered professional land surveyor and building plans for the existing and proposed dwelling showing all dimensions and elevations as required by the ZBA’s rules and procedures and all such documents enumerated by the ZBA at the June 4, 2015 hearing, namely, existing and proposed structures on a certified site plan(s) using a scale of 1 inch to 20 feet; all dimensions identified on the plan(s), including average existing grade; (the trellises count as a structure and therefore have to be included as a structure & must be indicated if within the setback); an elevation difference with two sides of the proposed dwelling; identification of lot coverage on the site plan(s) calculated using the upland dimensions (nothing below the high water line); if the second story deck is watertight it must be included as lot coverage; clarification as to whether the basement will count as a story (as defined in the WZBL); and,

2. No additional extensions will be granted to the applicants absent a showing by the applicants of a compelling reason for such an extension and good cause.

 

Seconded: Trevor Pontbriand; Passed: 5-0

Meeting Minutes

Trevor Pontbriand moved to approve the amended 06/18/15 meeting minutes; seconded by Sharon Inger; passed 5-0.

 Business – none to report

Bruce Drucker moved to adjourn at 8:50; seconded by Sharon Inger; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary