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ZBA 09/17/15 Mtg Mins

Meeting date: 
Thursday, September 17, 2015

Approved

 Zoning Board of Appeals

Meeting Minutes

September 17, 2015 7:00PM

Wellfleet Senior Center

Attendees:  Chair Roger Putnam, Bruce Drucker, Sharon Inger, Vern Jacob and Trevor Pontbriand, and Don Paladino

Regrets:  Mick Lynch, Manny Heyliger

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

7:00PM

  1. Elaine LaChapelle, 22 Quail Run, Map 12, Parcel 231:  Application for an Affordable Accessory Dwelling Unit under WZB 6.21.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Trevor Pontbriand and Don Palladino.  Ms. LaChapelle stated the building is an existing studio and office and wants to convert it into an Affordable Accessory Dwelling Unit.  She explained the property was at one time two separate lots and when she purchased it, it was sold as one parcel.  She will be adding a cook top and an oven.  She stated Mr. Bessette and her have no issues with the driveway, which is a town way.  Bruce Drucker moved for Findings of Fact; seconded by Don Palladino; 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 is approximately 476 ft.².
  1. The Board has made inspection of the subject lot and structure.
  1. The abutters have not objected 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.

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, axcept leasehold estates, for the term of the restriction.

 

Seconded by Trevor Pontbriand; passed 5-0.

  1. Alan Woodward, 55 Gull Haven Lane, Map 9, Parcel 622:  Application for a Special Permit under WZB 6.1.5.2a to raze existing dwelling, rebuild it slightly northward of present location, dwelling will be same dimensions except for an increase of 2 ft, 10 inches of the northerly portion.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Vern Jacob, and Trevor Pontbriand.  Chet Lay represented the applicant and gave an overview of the project, stating the house will be moved out of the right of way.  He stated the foundation is crumbly and requires insulation.  The National Seashore did not make any comments regarding the project.  The Board of Health provided paperwork identifying that the septic system is for four bedrooms.  Ms. Woodward stated the main dwelling was built in 1956 and the studio was built in 1969.   There was discussion regarding the proposed construction of the dwelling due to the steep slope toward the pond.  The work limit will be identified with the installation of hay bales and/or a silt fence.  There will be an increase of 0.43% lot coverage.  Bruce Drucker moved for Findings of Fact; seconded by Vern Jacob; passed 5-0.
  1. This is an application for a Special Permit under WZB 6.1.5.2a to raze the existing dwelling on the subject lot and rebuild it slightly northward of its present location; the proposed dwelling will be same dimensions as the existing dwelling except for an increase of 2 ft, 10 inches on the northerly portion.
  2. The lot is located in the NSP District.
  3. The lot contains a residence which the applicants propose to demolish and replace and a studio to which no changes are proposed.
  4. The dwelling is a lawfully pre-existing, nonconforming structure having been built in 1958 according to the Assessor’s Office
  5. The existing non-conformities are inadequate lot area, inadequate frontage, intrusion into the front setback, and intrusion into the side setback.
  6. Per the site plan dated July 14, 2015 the proposed one-story dwelling will not intrude into the setbacks anymore than the existing structure intrudes into the setbacks and, in fact, there will be slightly less intrusion into the setbacks by the proposed dwelling. There will be no intrusion into the rear setback by the proposed new dwelling and the proposed dwelling will be within the 28 foot height requirement of Wellfleet Zoning Bylaw 5.4.4
  7. Per Wellfleet Zoning Bylaw 5.4.3.1 the maximum site coverage for the subject lot is 1384 ft.². The site coverage for the proposed new dwelling is 1380 ft.².
  8. The building lot coverage is 7.5% and the proposed coverage will be 7.87%.
  9. The proposed new dwelling is within the Cape Cod National Seashore’s 50% Use Guideline described in Wellfleet Zoning Bylaw 6.2 4.3, paragraph 6.
  10. The proposed new dwelling is within the Standards and Criteria described in Wellfleet Zoning Bylaw 6.2 4.3.
  11. There will be no change in use.
  12. There will be no increase in use.
  13. The proposed dwelling is in keeping with the general characteristics of the neighborhood.
  14. There was no objection from the abutters and no comment from the Cape Cod National Seashore Park .
  15. The proposed dwelling will not be more substantially detrimental to the neighborhood than the existing non-conforming dwelling.
  16. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 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 Sharon Inger; passed 5-0.  Bruce Drucker moved to grant the Special Permit based upon the Findings of Fact subject to the condition that the applicants will install a silt fence and/or hay bales as a limit of work northward of the house and construction activity zone and at least 100’ from the edge of Gull Pond; seconded by Trevor Pontbriand.  .

  1. Janet S. Rustow, 25 Summit Street, Map 20, Parcel 126:  Application for a Special Permit to construct a 12’ by 18’ 5 ½” porch and 12’ by 5 ½” deck on west of existing house.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Don Palladino and Trevor Pontbriand.  Chet Lay represented the applicant and gave an overview of the project.  He described the porch and decking construction.  Lot coverage is currently at 12.04% and the proposed coverage will be 13.20%.  E-mails were read in support of the project from Ms. Newman, Ms. Borzellino, Mr. Webb, Dr. Heffron.  Bruce Drucker moved for Findings of Fact; seconded by Trevor Pontbriand; passed 5-0.
  1. This is an application for a Special Permit to construct a 12’ by 18’5 ½” porch and add a 12’ by 5 ½ deck to this dwelling.
  2. This dwelling is a prior existing nonconforming structure.
  3. The nonconformities are front and side yard setbacks.
  4. The proposed addition would add a further side yard nonconformity.
  5. This intrusion into the side yard setback will be 3’.
  6. The addition would increase lot coverage from 12.04% to 13.20%.
  7. There will be no change in use.
  8. There will be no increase in use.
  9. The use conforms to the objectives of the $1 District in which the property is located.
  10. There are 4 letters supporting the project from abutters.
  11. The addition of the porch and deck will not be substantially detrimental to the neighborhood.
  12. The proposal is not a significant development.

Bruce Drucker moved the Findings of Fact as amended; seconded by Trevor Pontbriand, passed 5-0.  Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0.      

  1. Thaddeus S. Siemasko, 1118 State Highway, Map 36, Parcel 3:  Application for a Special Permit to construct a 154 sq. ft. one story room addition with basement, a 54 sq. ft. covered porch and a 34 sq. ft. bulkhead under WZB  6.1.5.1.b.  Relief is sought because there is a second grandfathered dwelling on the site.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Vern Jacob and Trevor Pontbriand.  Mr. Siemasko stated there are two dwellings on the property.  He installed a new septic system recently.  He gave an overview of the construction.  Bruce Drucker moved for  Findings of Fact; seconded by Trevor Pontbriand; passed 5-0. 

 

  1. This is an application for a Special Permit to construct a 154 square foot one story addition with basement, a 54 square foot covered porch and a 34 square foot bulkhead.
  2. A Special Permit is needed because there is another prior existing dwelling on the same lot.
  3. These are lawfully pre-existing dwellings, having been built in 1966.
  4. The total lot coverage, including both dwellings, will be increased from 3.47% to 3.87%.
  5. There will be an increase in lot coverage of 0.4%.
  6. There will be no change in use.
  7. There will be no increase in use.
  8. The use conforms to the objectives of the C 1 District in which they are located.
  9. There are no objections from abutters.
  10. The additions to the present structure will not be more detrimental to the neighborhood than the present structure and its use.
  11. The proposal is not a development of significance.

 

Bruce  Drucker moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Bruce
Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.

Business

Sharon Inger attended a Housing Authority meeting and reported the Habitat for Humanity homes the Planning Board approved via a Special Permit, located on Old Kings Highway, has been appealed by neighbors.  Habitat for Humanity will defend the appeal and plans to submit a 40B application to the Town of Wellfleet.  Ms. Inger also advised the ZBA that the Planning Board is planning to review the cottage colony bylaw.

Meeting Minutes

Roger Putnam moved to approve the amended 08/06/15 meeting minutes; seconded by Sharon Inger; passed 6-0.  Roger Putnam moved to approve the amended 08/20/15 meeting minutes; seconded by Trevor Pontbriand; passed 6-0.

Bruce Drucker moved to adjourn at 8:30 pm; seconded by Sharon Inger; passed 7-0.

. Respectfully submitted,

Christine A. Bates, Committee Secretary