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Approved ZBA Mtg Mins

Meeting date: 
Thursday, April 19, 2018

Approved

Wellfleet Zoning Board of Appeals

Meeting Minutes of April 18, 2018

COA

Attendees:  Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger, Trevor Pontbriand, and Christine Bates, Committee Secretary

Regrets:  Wil Sullivan, Reatha Ciotti and Bruce Drucker

7:10 pm

18-08  Christopher Merl, Trustee, Whitetail Lane, Map 7, Parcel 35, Registered Land 199054, Application for Affordable Accessory Dwelling Unit:  applicant proposes to build 2 affordable accessory dwelling units.  The Board consisted of Roger Putnam, Mick Lynch, Manny Heyliger, Sharon Inger and Trevor Pontbriand.  Alfred Pickard represented the applicant and provided an overview for the proposed two (2) Affordable Accessory Dwelling Units.  Each unit will be 750 square feet and the lot coverage will increase to 9.4%.  All setbacks meet the zoning requirements.  There were nine (9) letters of support from abutters.  Manny Heyliger moved for Findings of Fact; seconded by Mick Lynch, passed 5i-0.

  1. This is an application for an AADU for two affordable units.
  2. This is a lawfully existing structure that has the right to put AADU’s on the property.
  3. There will be an increase in lot coverage from 5.4% to 9.4%.
  4. This will be an additional use for the property.
  5. This will be an increase in use for the property.
  6. There will be no impingement to any set-back.
  7. This is a desirable additional use of the property.

Manny Heyliger moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.

The following conditions shall apply to this application:

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.

Mick Lynch moved to grant the Special Permit based on the Findings of Fact with the referenced conditions; seconded by Manny Heyliger; passed 5-0.

7:20 pm

18-09  Martha Field, 132 Cliff Rd., Map 24, Parcel 112, Application for a Special Permit under M.G.L. c. 40A, s.9 and WZB 8.4.2 and 6.24 to relocate an existing residential dwelling due to coastal bank erosion.   The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  Tim Tracey represented the applicant, stating the dwelling is close to going over the bank.  Attorney Ben Zehnder, in the audience, stated he has been representing Martha Field legally in the past and has been in communication with the National Seashore. A letter from Attorney Zehnder to Brian Carlstrom, Superintendent of the Cape Cod National Seashore was read into the minutes, as well as an e-mail response from Lauren McKean approving the proposed conditions.   Mick Lynch moved for Findings of Fact; seconded Manny Heyliger, passed 5-0.

  1. The dwelling will be located as presented in the site plan.
  2. There will be no impingement to any setback.
  3. There will be no change in use.
  4. There will be no increase in use.
  5. There will be no increase in lot coverage. 
  6. The relocation will not be more significantly detrimental to the neighborhood than the present location of the dwelling.
  7. This is not a significant development.

Mick Lynch 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¸with the following conditions:

  1. Install a corner bound at the northeastern edge of the NPS property on Cliff Road along with survey staking at the midpoint.
  2. Install fencing along the western property line to the midpoint line, the purpose of the bounds and fencing is to define the NPS property to deter trespass for parking or other private use. 

Seconded by Mick Lynch; passed 5-0.

7:30 pm

18-10  Samuel and Paula Agger, 1515 Baker Ave., Map 14, Parcel 191:  Application for a Special Permit under WZB 6.1.5 and M.G.L. c. 40A to alter a pre-existing, non-conforming residential dwelling to relocate a second dwelling space from the primary dwelling structure to the current garage structure.  Trevor Pontbriand recused himself.  Attorney Zehnder requested the application be withdrawn without prejudice; Manny moved; seconded Mick; passed 4-0.

 7:00 pm

18-05   Martha R. Wilson, Trustee of The Martha R. Wilson Living Trust Agreement, 56 Indian Neck Road, Map 28, Parcel 48, Appeal from Person Aggrieved regarding Stop Work Order dated January 18, 2018 (Cont’d).  The Board consisted of Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Trevor Pontbriand.  At the request of Attorney Singer, Mick Lynch moved to continue Special Permit numbers 18-05, 18-06 and 18-07 to May 3, 2018; seconded by Trevor Pontbriand, passed 5-0. 

 

18-06  Martha R. Wilson, Trustee of the Martha R. Wilson Living Trust Agreement,  56 Indian Neck Road, Map 28, Parcel 48, Application for a Special Permit under WZB  6.1.5 and 8.4.2 and M.G.L. Chapter 40A, Section 6, to complete construction of a detached accessory two-car garage with art studio above (Cont’d).

16-07  Martha R. Wilson, Trustee of the Martha R. Wilson Living Trust Agreement, 56 Indian Neck Road, Map 28, Parcel 48, Application for Variance under WZB .4.3 and M.G.L., Chapter 40A, Section 10 from the provisions of Sections 5.4 and 6.2 to complete construction of a detached accessory two-car garage with art studio above (Cont’d).

Business – none to report

Meeting Minutes – Mick Lynch moved to approve the amended March 15, 2018 meeting minutes; seconded by Manny Heyliger; passed 5-0.

Sharon Inger moved to approve the amended April 5, 2018 meeting minutes; seconded by Mick Lynch, passed 5-0.

Manny Heyliger moved to adjourn at 7:30 seconded by Sharon Inger passed 5-0.                                          

Respectfully submitted,

Christine Bates, Committee Secretary