Approved ZBA mtg mins

Meeting date: 
Thursday, February 2, 2017

Approved

                          

Zoning Board of Appeals

Meeting Minutes

February 2, 2017   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger, Reatha Ciotti, Don Palladino, and Trevor Pontbriand, Building Inspector Justin Post and Christine Bates, Committee Secretary

Regrets:  Mick Lynch and Sibel Asantugrul

7:00

17-04  David Azia, 25 Richards Way, Map 42, Parcel 2, Application for an Affordable Accessory Dwelling Unit.  The Board consisted of Roger Putnam, Bruce Drucker, Reatha Ciotti, Sharon Inger, and Trevor Pontbriand.  Mr. Azia stated he purchased the property in 2013 and the unit was fully equipped with a stove.   He stated he would like to rent the unit to his mother and let other family members use it.  It is a one bedroom unit.  Ron Glidden, abutter, stated he had a discussion with Mr. Azia and gave a history of the property and the high rate of traffic with renters.  He stated he is opposed to any additional rental units on the property.  Alfred Pickard stated that there is a need for affordable accessory dwelling units.  Mrs. Glidden questioned that the AADU be year round rental.  The Board stated they want year round residents and must be income qualified.  Mr. Azia stated that it is not clear if the by-laws state AADU units have to be year round.  He stated the unit is approximately 1,000 square feet.  Mrs. Glidden expressed concern about the neighborhood and that Mr. Azia rents the main house.  Bruce Drucker stated the unit was originally approved as an accessory building, then turned into livable space which has been rented seasonally.  He stated the by-laws do not state AADU units have to be year round.  Pickard stated there is a one-year contract which must be signed with the town and owners must also sign paperwork.  Justin Post stated there will be additional inspections that will be required to make it habitable.  Ms. Glidden questioned the validity of the covenants that the neighbors signed and Bruce Drucker responded that the Zoning Board has no control over covenants between abutters which would be a court issue.  Bruce Drucker moved for Findings of Fact; seconded by Reatha Ciotti; 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.
  1. The livable floor area of the proposed Affordable Accessory Dwelling Unit will not exceed 1200 ft.²  The proposed Affordable Accessory Dwelling Unit is two stories.
  1. The Board has made inspection of the subject lot and structure.
  1. There were no appearances or correspondence in support of the application.
  1. There was one appearance and correspondence in opposition to the application. A letter from the homeowners at 40 Richards Way dated 1/24/17 objected to the application on the grounds that it purportedly violates the Declaration of Protective Covenants dated 1/28/00. (The letter & the Declaration of Protective Covenants are in the file with respect to this application). The ZBA makes no determination or finding with respect to whether the proposed Affordable Accessory Dwelling Unit violates the Declaration of Protective Covenants. The rights, prohibitions, conditions, and obligations pursuant to the Declaration of Protective Covenants are issues to be resolved by a Massachusetts court of competent jurisdiction and not by the ZBA.
  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 the Findings of Fact; seconded by Roger Putnam; passed 4-0-1.  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 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.

10. The affordable accessory dwelling unit shall be rented year-round and not monthly or seasonally.

11. Drawings (four copies) of the interior of the affordable accessory dwelling unit shall be provided by the applicant to the Building Inspector showing all required features of the unit including, without limitation, livable floor area of no more than 1200 ft.².

Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam subject to conditions:  3 in favor – 2 against.  The vote failed to grant the Special Permit.

Business: 

Manny Heyliger stated he would miss the February 15, 2017 meeting.  Bruce Drucker reported he will miss the next two meetings.

       

Meeting Minutes  Bruce Drucker moved to approve the amended January 5, 2017 meeting minutes; seconded by Sharon Inger; passed 7-0.

Roger Putnam moved to adjourn the meeting at 7:45 pm; seconded by Sharon Inger; passed 7-0.

Respectfully submitted,

 

Christine A. Bates, Committee Secretary