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Approved ZBA mtg mins

Meeting date: 
Thursday, July 6, 2017

APPROVED

Zoning Board of Appeals

Meeting Minutes

July 6, 2017   7:00 pm

Wellfleet Senior Center

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

7:25 pm

7-27  Susannah Pabot, 196 Chequessett Neck Rd., Map 14, Parcel 64, Application for 2 Affordable Accessory Dwelling Units within the principal dwelling under WZB 6.21. 

Ms. Pabot had not arrived at the hearing and Mick Lynch moved to continue to July 20, 2017; seconded by Bruce Drucker; passed 5-0.  The applicant appeared at the meeting at 7:26 pm; therefore, Mick Lynch moved to reopen the hearing; seconded by Sharon Inger; passed 5-0.  The Board consisted of Bruce Drucker, Sibel Asantugrul, Don Palladino, Roger Putnam, and Trevor Pontbriand.  Ms. Pabot gave an overview of the project, stating they will lose one bedroom in the dwelling and have a total of three living areas.    Decking will be added to the second- floor unit for an additional egress.  One unit on the first floor is a studio, the second-floor unit is 2 bedrooms; and the third unit is one bedroom.  Mick Lynch moved for Findings of Fact; seconded by Roger Putnam; passed 5-0.      

  1. This is an application for under WZB 6.21 pursuant to which the applicant proposes to create 2 Affordable Accessory Dwelling Units within the principal dwelling.
  1. The livable floor area of the proposed Affordable Accessory Dwelling Unit on the ground floor will be approximately 556 ft.²  The livable floor area of the proposed Affordable Accessory Dwelling Unit on the second floor will be approximately 656 ft.²
  1. The Board has made inspection of the subject lot and structure and has reviewed all of the plans submitted with the application.
  1. The total number of bedrooms in the principal dwelling will be reduced to four from the five existing bedrooms. A 160 ft.² deck will be added for the ground-floor Affordable Accessory Dwelling Unit. The deck the second floor will be extended to approximately 258 ft.²
  1. There were no appearances or correspondence in support of the application.
  1. There were no appearances or correspondence in opposition to the application.
  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.

Don Palladino moved the Findings of Fact; seconded by Sibel Asantugrul; passed 5-0.

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 units 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.

seconded by Don Palladino; passed 5-0.

7:15 pm

17-28  Robert S. Johnson and Richard Wolff, Trustees, 156 Pleasant Point Rd., Map 35, Parcel 110, Application for a Special Permit under WZB 6.1.5.1.b to demolish and reconstruct a pre-existing non-conforming cottage within the setbacks.  Trevor Pontbriand recused himself.  The Board consisted of Roger Putnam, Sharon Inger, Manny Heyliger, Mick Lynch, and Reatha Ciotti.  Andy Barr from Aline Architecture represented the applicant and gave an overview of the project, stating the new cottage would be the same footprint but moved to face the street directly.  The upstairs will be a loft area with a small deck outside.  The current cottage is in disrepair.   This project was approved by the Conservation Commission.  Sharon Inger moved for Findings of Fact; seconded by Manny Heyliger; passed 5-0.

  1. This is an application for a Special Permit to demolish and reconstruct a pre-existing non-conforming cottage within the setbacks.
  2. The cottage is in the R1 district.
  3. The cottage is pre-existing, having been built in 1965 according to the Assessor’s records.
  4. The cottage will be rebuilt with the same lot coverage as the existing cottage.
  5. The relocation will result in a decreased invasion of the side yard setback by 7.1 feet.
  6. There will be a volumetric increase because of the revised roof plan.
  7. There will be no change in use.
  8. There will be increase in use.
  9. There have been no objections from abutters.
  10. This relocation will not be substantially more detrimental to the neighborhood than the existing non-conforming cottage.
  11. This is not a significant development.

 

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

7:00 pm

17-29  Susan and F. Gorham Brigham, 9 Whit’s Lane, Map 15, Parcel 65, Application for a Special Permit under WZB 6.1.5.2b to add an addition at the SE corner of dwelling now substantially occupied by a deck.  Encroachment into setback will go from 10.22 feet to 10.17 feet.  Lot coverage will increase from 17.34% to 20.50%.  Sibel Asantugrul recused herself.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Don Palladino and Reatha Ciotti.  Mr. Brigham gave an overview of the project stating the existing deck will be replaced with a screened porch. Two previous Special Permits were issued, one for a gable roof and the other the construction of the deck and pergola.  The original house was a two-family dwelling.  Bruce Drucker moved for Findings of Fact; seconded by Don Palladino; passed 5-0

  1. This is an application for a Special Permit under WZB 6.1.5.2b to add an addition to the SE corner of the dwelling, an area now substantially occupied by a deck.
  2. Because the area to be enclosed is a deck, thus is excluded from lot coverage, the lot coverage will increase from 1480 square feet (17.34%) to 1729 square feet (20.05%)
  3. This dwelling is in the Central District.
  4.  There will be no change in use.
  5. There will be no increase in use.
  6. This use conforms with the objectives of the Central District.
  7. There are no objections from abutters.
  8. This addition will not be substantially more detrimental to the neighborhood than the existing non-conforming dwelling.

Item 1 was amended to read:  This is an application for a Special Permit under WZB 6.1.5.2b to add an addition to the SE corner of the dwelling, an area now substantially occupied by a deck and overhead pergola.

Bruce Drucker moved Findings of Fact; seconded by Don Palladino; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Don Palladino; passed 5-0.

Business

Roger Putnam informed the Board that he and Trevor Pontbriand will meet with Judi Barrett for a workshop on 40B, along with Building Inspector, Justin Post and Assistant Town Administrator Brian Carlson on Tuesday, July 11, 2017.    

 

 

Meeting Minutes

Roger Putnam moved to approve the 05/18/17 meeting minutes; seconded Bruce Drucker; passed 5-0.

Trevor Pontbriand moved to approve the 06/01/17; seconded by Manny Heyliger; passed 5-0.

Bruce Drucker moved to approve the 06/15/17 meeting minutes; seconded by Manny Heyliger; passed 5-0.

Bruce Drucker moved to adjourn the meeting at 8:45 pm; seconded by Don Palladino; passed 9-0.

Respectfully submitted,

 

Christine A. Bates, Committee Secretary

 

 

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