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Approved ZBA mtg mins

Meeting date: 
Thursday, April 6, 2017

Approved

Zoning Board of Appeals

 

April 6, 2017   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Manny Heyliger, Mike Lynch, Sharon Inger, and Trevor Pontbriand, Building Inspector Justin Post and Christine Bates, Committee Secretary

Regrets Sibel Asantugrul, Bruce Drucker, Don Palladino

7:01 pm

17-11  Victor and Galina Khatutsky,  110 Gross Hill Rd., Map 13, Parcel 21, Application for a Special Permit for a pier supported addition for kitchen remodel into setback and create an access to main floor.  The Board consisted of Roger Putnam, Sharon Inger, Manny Heliger, Mick Lynch and Trevor Pontbriand.    A site visit was made.  Brian Taylor Axon represented the applicants and stated there is no access to the main floor and the decking would allow that access.  It will make the entrance safer for visitors and family.  There already is a small intrusion into the setback.   Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger, passed 5-0.

  1. This is an application to construct a pier supported addition for a kitchen extension into set-back, and create an access to main floor.
  2. This is a lawfully pre-existing lot and structing, having been built in 1984 according to the Assessor’s records.
  3. The lot is under size thus creating the non-conformity.
  4. The proposed addition would create a new non-conformity by encroaching into the side yard setback by 7 feet.
  5. There will be an increase of 278 sq. ft. or 1% increase in lot coverage
  6. There will be no change in use.
  7.  There will be no increase in use.
  8. There is no objection from abutters.
  9. The structural addition will not be substantially more detrimental to the neighborhood than the existing structure.

Mick Lynch moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger, passed 5-0.

7:15 pm 

17-12  Berta Bruinooge, 110 Western Ave., Map 36, Parcel 130:  Appeal from Person Aggrieved for revocation of Building Permit #16-500 to re-establish family home occupation which is a permitted use utilizing an accessory structure.  The Board consisted of Roger Putnam, Mick Lynch, Manny Heyliger, Sharon Inger and Trevor Pontbriand.  Berta Bruinooge gave the history of the shellfish grant and the previous use of her property.  The cooler has a temperature guide and only runs when it reaches 40 degrees.

The following people from the audience spoke:  Arlene Kirsch stated Wellfleet has been a shell fishing village for ages and is a part of Wellfleet’s history.  Helen Miranda Wilson stated marine aquaculture is not happening on this lot, but is considered farming.  She referenced the bylaws regarding storage.  Attorney David Reid represented abutter, Debra Dickinson and gave a history of the original building permit was which granted in 2016 and was revoked due to an abutter’s complaining about the cooler. Attorney Reid stated the cooler was owned by Jason Lance Weisman and stated the cooler could not be used by Evan Bruinooge or Mr. Weisman.  Attorney Reid stated only the owner of the property can have a home occupation and there should no adverse effects to the neighborhood.  He stated there are 3 different grants under 3 different names and this would not be considered under the home occupation bylaw.  He stated the cooler is very visible and offensive, both from the street and his client’s home.  He stated Ms. Dickinson hears the trucks from 5:30 am to after 10:30 pm at night and the cooler will increase the activity on the site.  He stated the cooler is not equipment and is a structure and does not qualify as an accessory building.  He stated the former Building Inspector was correct in his revoking the license. 

Ms. Bruinooge stated she owns the cooler and it is a piece of equipment.  Evan Bruinooge  and Jason Weisman work for her on their grants and there are only 2 tides per day.  The vehicles used are a pick-up truck and a SUV.  Attorney Meade stated the cooler was granted to Mr. Wiseman and it is under his name. Debra Dickinson read her letter of opposition.  She stated there is a significant increase in the use of the activity on the property, an increase in trucks entering the area and an increase in noise.  She referred to the activity as a commercial business.

The following letters were read into the record:  Richard A. Kraus, Donna McCarthy and Michael Britt, and John Wolf wrote letters of support.  Letters of opposition were read into the record from Birgitta Olson, Cindy Goff, Samuel Engel, Anne Freeh Engel, Stephen Atwood Cook, Carol Savoy Susan Reverby, Micah Sieber and Mariah Sixkiller, and Debra Dickson stating they objected to the increase in traffic and activity on the property, activity outside of working hours, noise issues, view of the cooler, negative impact on neighborhood, and road wear.

Attorney Hillary Schwab identified herself representing the Engels.  Evan Bruinooge. came forward and gave a statement about the history of his working with his father, and stated they are going to move the cooler.  He stated the cooler makes as much noise as an air conditioner.  He is trying to get the business up to the level his father had.  Carol Savoy, audience, stated she and her husband oppose the home occupation with the cooler.  Ian Holmes stated he is sorry for all the opposition and said that not enough is said in support of the people who are trying to make a living.   Richard Blakely stated there is more equipment now due to regulations and there are some years that are good and others when you lose everything.  He stated his walk- in cooler has not created any opposition in his neighborhood because of noise.  Charles Williams, challenged Attorney Reid regarding the noise level of the cooler and stated the unit does not turn on very often.  Debra Dickinson stated there is a great amount of noise.  Bob Wallace stated there was noise from a bad muffler and hoped  there could be some agreement within the neighborhood.  Mick Debasso stated almost all the shell fisherman live in residential neighborhoods.  He also stated Ms.Bruinooge can have other people work in her business. Jim O’Connell, fisherman, stated he appreciates having the ability to have a home occupation.  Tom Flynn stated there is an increase in traffic.  Attorney Reid stated the cooler will be more visible at the proposed site.  He stated it was the town’s people who voted in the bylaw and put limitations that are being addressed.

The hearing was closed to the public.  Mick Lynch stated this is an appeal of a revocation of a building permit and is a current business in this town.  We have enforcement people regarding noise levels and times, and we should not put up roadblocks for home occupations.  Manny Heyliger felt the permit should not have been revoked because the cooler was located in the setbacks. Trevor Pontbriand reviewed the bylaws regarding home occupations which stated you can have 2 people outside of your family work for you, you can cover up to 30% of your lot with materials, allow 2 vehicles with 6 wheels, and trailers, and park them on the property.  Sharon Inger stated the cooler is not optional and is a necessary equipment to keep the shellfish safe the business has been in existence on this lot since 1977.  This is a neighborhood that people moved into, knowing what they were getting.

Manny Heyliger moved for Findings of Fact, seconded Trevor Pontbriand; passed

5-0.

  1. This is an appeal from a Person Aggrieved by the revocation of Building Permit #16-500, to re-establish a family home occupation of shell fishing, which is a permitted use.
  2. The use requires utilizing an accessory equipment.
  3. The use is and was a family fishing operation permitted in the R District.
  4. The grants are located off the Briar Hill Road landing.
  5. The proposed cooler has been made necessary to this longtime family business by requirements of the DMF for the storage of oysters.
  6. The cooler will not run continuously.
  7. Wellfleet Oysters are a long time old local product and a major source of income to the year-round residents of Wellfleet.
  8. The annual Oyster Fest is a well- known celebration of our oyster industry.
  9. Oyster cultivation and harvesting are a centuries old major part of the fabric of Wellfleet.

Trevor Pontbriand moved the Findings of Fact; seconded by Manny Heyliger, passed

5-0.  Trevor Pontbriand moved to re-establish the home occupancy and have the Building Inspector reissue Building Permit 16-500; seconded by Mick Lynch; passed 5-0 seconded by Manny; passed 5-0. 

8:45 pm

17-01  Kenneth and Ingrid Magar, 115 Pine Needle Road, Map 30, Parcel 50:  Application for Affordable Accessory Dwelling Unit under WZB 6.21 continued.  

The Board consisted of Roger Putnam, Mick Lynch, Manny Heyliger, Sharon Inger, and Trevor Pontbriand.  Mr. Magar supplied new drawings of the floor plan showing the new egress.  Trevor Pontbriand moved for Findings of Fact; seconded by Manny Heyliger, passed 5-0.

  1. This is an application for a Special Permit to convert area within the dwelling to an Affordable Accessory Dwelling Unit under WZB 6.21.
  2. The lot is a prior existing conforming lot.
  3. The plan calls for the conversion of a cellar unit to an AADU.
  4. There will be no change in use.
  5. This will be a permitted use within the R1 District.
  6. There will be an increase in use.
  7. The development must conform to all the requirements of the MA Codes applicable as shown below.
  8. The AADU is a desirable addition to the Wellfleet stock of affordable units.
  9. There are no objections from abutters.
  10. This is not a significant development.
  11. This alteration will not be substantially more detrimental to the neighborhood than the present structure.

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.

Trevor Pontbriand moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.  Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Mick; Lynch passed 5-0.    

   

8:50 pm

17-13  Emily and Jacqui Beebe, 20 Cannon Hill Rd., Map 30, Parcel 100, Application for a Special Permit under 6.1 for an alteration (addition/renovation) to single family house on non-conforming lot; existing house is located in setbacks, proposal is for an

801 sq. ft. addition to a 638 sq. ft. house.  The Board consisted of Roger Putnam, Mick Lynch, Sharon Inger, Manny Heyliger and Trevor Pontbriand.  Emily Beebe stated the lot is non-conforming with the house within the setbacks.  Both sides of the property are on paper roads.  This will be a modest increase in lot coverage. Mick Lynch moved for Findings of Fact; seconded by Sharon Inger; passed 5-0. 

  1. This is an application for a Special Permit under WZB 6.1 to alter and renovate a single-family dwelling.
  2. This is a prior existing non-conforming structure having been built in 1984.
  3. The non-conformities are lot size, rear yard and side yard.
  4. The property was issued a Special Permit in 2012.
  5. The requested Special Permit would not increase any of the existing non-conformities.
  6. There will be an increase in lot coverage of 801 sq. ft. or an increase from 4.14% to 7.98%.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. There are no objections from abutters.
  10. The proposed alterations will not be substantially more detrimental to the neighborhood than the existing structure.

Mick Lynch moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0.

8:55 pm

17-14  Lisa Benson, 2533 Rte 6, Map 23, Parcel 167, Application for a Special Permit under WZB 6.1.5.1, alteration of non-conforming single family residence and 5.4.2 setback.  Remove current porch and construct first floor bedroom and bath within setbacks.  At the request of the applicant, Roger Putnam moved to continue to April 20, 2017; seconded by Sharon Inger; passed 5-0.

Business

Mick Lynch moved to vacate Special Permit 16-13 (Collins); seconded by Sharon Inger; passed 5-0.

Meeting Minutes to be reviewed at next meeting. 

Roger Putnam moved to adjourn at 9:00 pm; seconded by Sharon Inger; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary