Approved ZBA Mtg Mins

Approved

Zoning Board of Appeals

January 7, 2016, 7:00 pm

Council on Aging Building

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

Regrets:  Vern Jacob, Don Palladino  

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

7:00 pm

15-39    Laurie Bridger and Robert Shub, 206 D Kendrick Ave , Map 20, Parcel 28:  Application for a Special Permit under WZB 6.1.5.1b to add 2 small additions, an 8’ x 6’ bathroom and 10’ x 8’ screened porch to the dwelling.  The Board consisted of Roger Putnam, Bruce Drucker , Manny Heyliger, Sharon Inger, and Trevor Pontbriand.  Chet Lay represented the applicant and stated the original plan was for a screened porch, but has been changed to a deck in the front.  They still want to have an addition for the bathroom.   This is also an application for a Flood Plain Exemption.  A letter from the other 3 owners in the cottage colony wrote a letter in favor of the project.  Bruce Drucker moved to close the hearing and for Findings of Fact; seconded by Manny Heyliger; passed 5-0

1.      This is an application for a Special Permit under WZB 6.1.5.1b and 6.13, Floodplain District Zoning Regulations, to add a bathroom and to an existing dwelling in a cottage colony.

2.      The unit is located in the R1 District.

3.      The unit is a prior existing non-conforming cottage colony having been built in 1980.

4.      The nonconformities include front setback and side setback.

5.      The area of the house would increase from 736 square feet to 766 square feet.

6.      The lot coverage will increase by .05 %.

7.      There would be no change in use.

8.      There would be no increase in use.

9.      The use conforms to the uses of the R1 District.

10.  There are no objections from abutters.

11.  The alteration will not be more substantially detrimental to the neighborhood than the existing nonconforming structure.

12.  The proposed additions do not create a significant development.            

13.  The project complies with flood plain exemption:  (6.1.4.3.1) and the granting of the exemption will not result in increased food 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.

Bruce Drucier moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Bruce  Drucker moved to grant the Special Permit & Flood Plain Exemption based on the Findings of Fact;  seconded by Manny Heyliger; passed 5-0.

7:12 pm

16-01    Curt Felix, 2207 State Highway, Map 23, Parcel 217, Application for a Special Permit under WZB 6.1.4 to re-establishment of prior uses.  The Board consisted of Roger Putnam, Bruce Drucker , Mick Lynch, Sharon Inger, and Manny Heyliger.  Curt Felix and Donald Eurich came to the table.  Mr. Felix gave an overview of the project stating the various uses he would  like for the building, and provided the history of the building.  He stated the current septic is a cesspool and requires an upgrade.  The former use was for a 95 seat capacity restaurant and the proposal is for the conversion  into two apartments, two offices and a commissary kitchen.  There has been no use of the building in over 2 years.  The kitchen is within the current health codes and would be used by approximately 5 food trucks.  Mr. Felix stated the proposed use will be approximately 1/3 less use than the 95 seat restaurant.  He stated the hours of the kitchen would be approximately 7 am to 5 pm, and the food trucks would sign up for a dedicated timeframe for the use.  He  stated the current apartment upstairs will be abandoned.  Bruce Drucker moved to close the hearing and for Findings of Fact; seconded by Manny Heyliger, passed 5-0

1.      This is an application under WZB 6.1.4 to re-establish the prior existing use of the property.

2.      Good faith efforts were made to continue the use by the prior owner.

3.      Restoration of use would add to the economic base of the community.

4.      The building is located in the C2 District.

5.      The use is permitted in the C2 District.

6.      The use conforms to the objectives of the C2 District.

7.      There are no objections from abutters.

8.      The restoration of abandoned use would not be significant to the neighborhood.

Bruce Drucker moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.  Bruce Drucker moved to grant the Special Permit for restoring the use for of apartments number 1 and 2 as shown on the drawing, and for a commissary kitchen to be used exclusively for a the food trucks and not for retail sales of food to the public; seconded by Sharon Inger; passed 5-0. 

16-02    Curt Felix, 2207 State Highway, Map 23, Parcel 217, Application for a Special Permit under 6.1.5.2b to  add office space and removing the restaurant space.  The Board consisted of Roger Putnam, Bruce Drucker , Trevor Pontbriand, Sharon Inger and Manny Heyliger.  Curt Felix stated he wants to add office space and remove the restaurant seating area and bar.  The offices would go into this area.  Bruce Drucker moved to close the hearing and for Findings of Fact; seconded by Manny Heyliger; passed 5-0.

1.      This is an application for a Special Permit under WZB 6.1.5.2b to alter the interior of a prior existing non-conforming structure.

2.      The alterations will take place entirely within the existing structural footprint.

3.      There will be a change in use.

4.      The change in use will result in the removal of the restaurant space.

5.      The dining area will be converted to office space.

6.      The proposed use is less intrusive than the prior use.  There will be no change in the exterior of the structure.

7.      The proposed changed is not a significant development

Bruce Drucker moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Bruce Drucker moved to grant the Special Permits based on the Findings of Fact for the use of two offices; seconded by Manny Heyliger; passed 5-0.

7:30 pm

16-03    Curt Felix, 2207 State Highway, Map 23, Parcel 217, Application for a Special Permit under WZB 5.4.13 for more than one principal use for 2 apartments, 2 offices, and a commissary kitchen.  The Board consisted of Roger Putnam, Mick Lynch, Bruce Drucker , Sharon Inger and Manny Heyliger.  Mr. Felix stated he has to deal with the State regarding a bush in front of the property on Route 6 which is creating a safety concern.  The Board considered the facts presented in Special Permits 16-01 and 16-02 for the property.  Mick Lynch moved for the Findings of Fact; seconded by Bruce Drucker ; passed 5-0.

1.      This is an    application for a Special Permit under WBZ 5.4.13 for more than one principal use of a prior existing nonconforming structure.

2.      The uses would be two apartments, 2 offices and a commissary kitchen.

3.      The uses would augment the economic base of the community.

4.      There would be no exterior changes to the structure.

5.       There proposed uses would be less intrusive than the prior uses.

6.      The proposed uses would not increase traffic over that of the prior use.

7.      The proposed uses would not affect other businesses in the area.

8.      The proposal would not be a significant development.

Bruce Drucker moved to close the hearing and for 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 Mick Lynch; passed 5-0. 

7:40 pm

16-04    Curt Felix, 2207 State Highway, Map 23, Parcel 217, Application for a Special Permit under WZB 6.21 for 1 affordable accessory dwelling unit.  The Board consisted of Roger Putnam, Trevor Pontbriand, Sharon Inger, Bruce Drucker , and Manny Heyliger.  Curt Felix stated Unit 1 would be an affordable accessory dwelling use.  He stated several people have expressed interest in a unit.  The unit will be 380 sq. ft. 

Bruce Drucker moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.

1.      This is an application for an Affordable Accessory Dwelling Unit under WZB 6.21 pursuant to which the applicant proposes to convert an existing detached accessory building into an Affordable Accessory Dwelling Unit.

2.      The livable floor area of the proposed Affordable Accessory Dwelling Unit is approximately 380 ft.².

3.      The Board has made inspection of the subject lot and structure.

4.      The abutters have not objected to the application.

5.      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 grant the Special Permit subject to 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 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.

Seconded by Manny Heyliger; passed 5-0.

7:50 pm

16-05    Habitat for Humanity of Cape Cod, Inc., Old King’s Highway, Map 16, Parcel 100, Application for 40B housing, consisting of 3 dwellings.  The Board consisted of Roger Putnam, Bruce Drucker , Manny Heyliger, Mick Lynch and Trevor Pontbriand.  Warren Broden, Attorney for Habitat for Humanity, Leedara Zola, Land Acquisition and Permitting Consultant for Habitat for Humanity, and Keith Fernandez, engineer for the project came to the table.  Vicki Goldsmith, Executive Director of Habitat for Humanity of Cape Cod was  introduced in the audience.    Attorney Broden gave an overview of the project, stating in the fall of 2013 the Wellfleet Housing Authority requested proposals for housing on the site, and Habitat became a partner.  There is approximately 2.8 acres of property for the 3 proposed dwellings.  The land is currently vacant and is in residential 1. Natural Heritage & Endangered Species Program of the Division of Fisheries and Wildlife stated in a letter that the proposed project will not result in a prohibited take of state-listed rare species, provided that construction access does not occur through the NSTAR (Eversource) easement.  Each dwelling will have its own septic and well with foundations and all three dwellings will be affordable homes.  Two units will be approximately on lots of 30,000 sq. ft, each and contain three bedrooms.  One dwelling will be on a  20,000 sq. ft lot with two bedrooms.  42,345 square feet will be open space.  There will be a home owner’s association for the owners.  A 30 foot buffer of trees to the south along the Old Long Pond Road area is planned.  The design of the structures can be adapted to any special needs.  Attorney Broden referenced several letters from the state supporting the project and that the project met the state’s requirements.  The homes will be sold according to Habitat’s criteria and the state’s requirements and guidelines.  The homes will meet energy standards and may have the benefit of solar panels.  Wellfleet has only 2.2% of affordable housing meaning that under MGL 40B there is a presumed community need for affordable housing.  He identified several waivers in the application which they want to be approved.  He stated the application was before the Planning Board and their Special Permit was granted after 6 months worth of hearings.  One issue of contention from some abutters was the access to the project on   Old Kings Highway .  The permit issued by the Planning Board was appealed.  He stated 94 Habitat for Humanity homes have been built on the Cape .  Manny Heyliger asked why there wasn’t a fourth house being built with the size of the land, and Ms. Zola responded that the neighbors expressed concerns about the rural aspect of the neighborhood.  Bruce Drucker stated the last 40B project located at Gull Pond was originally going to be ownership, but there was difficulty finding enough owners and now it will be converted to rental dwellings.  Ms. Zola stated Habitat is a different model, and prices and the mortgage process is different.  She estimated construction will take approximately 9 months to a year.  The solar panels, if installed, will not require trees being cut down.  Mick Lynch stated he had been a volunteer for Habitat for Humanity. 

Chair Putnam opened the meeting for audience comments: 

Martin Magida:  2275 Old Kings Hwy – appellant – stated they support the project, but they reject the access road.  Old Kings Highway is problematic now and he feels the project would be invasive, and not keeping with the rural feel of the neighborhood.  He does not feel the police or fire departments are correct in their belief this is the right way or the safest for access to the homes. 

Bruce Littmann, 208 Old Long Pond Rd, stated he abuts the property and wanted to know what the waivers were.  He stated the access  on Old Kings Hwy was fine with him.  He stated he appreciates the buffer established around the property.  Attorney Brodie stated these are the same waivers that the Planning Board approved. 

Harry Rubinstein, 2261 Old Kings Hwy , stated historically Old Kings Highway was put into perpetuity as a scenic road and not be allowed to be encroached on and this project will change the area.  He feels the access should be on Old Pond Road .  He stated Habitat never provided an alternate plan for access on Old Pond Road .   He stated large trees will have to be cut to go on Old Kings Highway .  Attorney Brodie stated there was a scenic road hearing and an evaluation from the Fire Department and Police Department determined Old Kings Hwy was the safest access.

Felicia Rubinstein stated their issue is the access road and the way the road is set up, water from rain goes directly on her parents’ property.    

Mr. Littmann stated Old Kings Highway has approximately 23 driveways in existence. 

Paul Cullity, not an abutter, but a member of the local housing community and pastor of a local church, stated he is appreciative of the support from the town.  He stated the character of the neighborhood will not change with the addition of this project.  He stated when new houses are built, changes are made to the road.  He feels engineers have done the right thing and hopes this will become a harmonious neighborhood.

Brian Carlson, Assistant Town Administrator, stated he has worked with Habitat for over a year, and offered his assistance in supporting the project and help with any question the abutters may have.

Ed Ebert stated he has worked with Habitat for over 3 years, is a regular volunteer, and he attended all the planning board meetings.  He stated the strength of the program for the potential owners is life changing. He stated the houses are well built and efficient.  He stated there are core volunteers in lower Cape who volunteer incredible amounts of time. 

Jeanne Rubinstein asked where would the construction and volunteer people park when they are there to work.  Attorney Broden stated the access road would get built first, and people will be able to park on the site and they encourage car pooling.  

Mr. Magida requested the Board to make a site visit and look at both roads and he was told a site visit had been done.

Mr. Littman stated the hair pin turn on Old Gull Pond Road goes through the Eversource property and wasn’t aware if there were any issues.

Judy Taylor, member of the local Housing Partnership,  stated she remembers the vote in 2008 when the town voted on this property being set aside for affordable housing.       

Chair Putnam requested Attorney Brodin work with Town Counsel, Attorney Quirk, to draft Findings of Fact for the next meeting.  Keith Fernandez was questioned about the drainage and he responded there are 2 catch basins on the property, and the design is for a well used road.  Mr. Fernandez stated the Fire and Police Chief’s did not want the access on Old Pond Road due to safety; therefore, there was never a plan presented that the officials did not want.

Ms. Rubinstein stated she didn’t understand why Old Pond Road could not be used because there are currently houses there now that are served by the Police and Fire Departments.  She also expressed concern regarding the drains.  Victoria Goldsmith, Director of Habitat, stated the home owners association ensures there is money available to take care of drains, the access roadways, etc. 

Chair Roger thanked the people for coming to the meeting.  Mick Lynch moved to continue to February 4, 2016, seconded by Bruce Drucker ; passed 5-0.

Business

              Review National Seashore Park District Wellfleet ZBA Building Area Worksheet

Meeting Minutes

Roger Putnam moved to approve the amended December 33, 2015 meeting minutes;  seconded by Mick Lynch; passed 4-0. 

Bruce Drucker moved to adjourn at 9:00; seconded by Sharon Inger; passed 6-0.

Respectfully submitted,

Christine A. Bates