Date: March 11, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, David Rowell, Robert Hankey, William Nicholson, Peter Watts, Sibel Asantugrul, Trevor Pontbriand, Charles Amsler, Christine Bates, Committee Secretary
Regrets: Jeffrey Stewart
Meeting called to order at 7:30 pm.
Public Hearings:
7:30 Todd LeBart and Hugh Dunbar, Jr., 1125 Cahoon Hollow Road, Assessor’s Map 17, Lot 8: Special Permit Application under Wellfleet Zoning Bylaw 6.1.5(b): Petition to raze and replace two cottages on the property (Cont’d from January 22, 2004). The Board consisted of Steve Rose, Chair; David Rowell, Robert Hankey, Peter Watts and William Nicholson. Mr. Chet Lay represented the owners. He requested the Board allow the application for a Special Permit to be withdrawn without prejudice. Robert Hankey Moved to accept the withdrawal without prejudice, Seconded by William Nicholson, Passed 5- 0.
7:45 Betty Allison & Arthur Stedman, 14 Railroad Avenue, Map 21, Lot 72: Special Permit under Wellfleet Zoning Bylaw 6.1.5(b): Replace Dwelling (Cont’d from January 22, 2004). The Board consisted of Steve Rose, Chair; David Rowell, Peter Watts, William Nicholson, and Trevor Pontbriand. Charles Amsler left the table. Chet Lay and Steve Phifer, builder, represented the owners. Mr. Lay explained the changes to the footprint of the building, noting the change in size as well as location based on the new plot plan dated February 18, 2004. By rotating the house, it will be 16 feet away from the setback on the north side of the property. The proposed dwelling will be 6%
coverage of the lot. It will be a post and beam house, consisting of two stories (the cellar is not considered a livable area per R. Asman, former Building Inspector: statement included in file signed by R. Asman). David Rowell had concerns regarding the size and scope of the property. There were questions regarding the occupancy limits (two people or two bedrooms).
Mr. Lay stated the Stedman’s have been making adjustments throughout the processes with the Town. The builder stated he did a survey of the homes in the immediate area of the Stedman property and found the average square footage is 22,054. This house will be + or – 15,000 square feet. Mr. Rowell brought up the history of the property (refer to meeting minutes of 12/18/03) There was a question regarding the railroad holding title to the property. Mr. Lay stated Penn Central sold the land. Robert Hankey knew the previous owner and it was his
intent to make the studio habitable. Mr. Stedman stated there is no running water or septic in the studio. Further discussion took place regarding previous permits. Ms. Tammy Francis, an abutter, stated she still feels the house would be too big for the property.
The following Findings of Fact were made:
1. The dwelling will decrease the non-conformity on the north bound (setback) from five (5) feet to sixteen (16) feet.
2. There will be a modest increase in use and not substantially more detrimental.
3. The lot coverage is 6% (3.7% to 6%).
4. Volumetric decrease within setback.
5. Access across 70 Commercial Street will be eliminated.
6. Not substantially more detrimental to neighborhood.
Peter Watts Moved to accept the Findings of Fact; Seconded by Steve Rose; Passed 4-1.
Steve Rose Moved to approve a Special Permit with the following conditions:
1. A fence shall be installed on the property line of
70 Commercial Street (length 107 feet).
2. A fence between the property and the Bradford will be installed.
3. The studio shall not be used for human habitation.
Trevor Pontbriand Seconded; Passed 4-1.
8:35 Jonathan and Nancy Porteus, 115 and 215 West Main Street, Assessor’s Map 14, Lot 40 and Map 13, Lot 219. Request for a Special Permit pursuant of Wellfleet Zoning Bylaw 6.21: Affordable Accessory Dwelling Units, to make one of the cottage structures an affordable housing unit. Also seeks a Variance under Wellfleet Zoning Bylaw Section 5.4.2: Setback requirements – the location of the unit to be used for affordable housing does not comply with current setback. Board consisted of Steve Rose, Chair; David Rowell, Robert Hankey, Peter Watts and William Nicholson.
Chet Lay stated he is scheduled on the next Planning Board meeting agenda (based on Planning Board issuing an ANR). There was a question if this case would have to come before the ZBA again. The Board acknowledged Helen Miranda Wilson in the audience. She stated the Planning Board cannot create a non-conformity. If this were to come before the Town Meeting, and is approved, this does not make it into some other bylaw. Harry Terkanian, also in the audience, stated the property is non-conforming, pre-existing; the
Planning Board can sign this plan, only criteria to meet is frontage on public way. ZBA can put conditions on the property line. There will be no change in use of property. A discussion took place regarding the setback issue.
Steve Rose Motioned for Findings of Facts; the following Findings of Fact were made:
1. There will be increase in use.
2. There will be no change in use.
3. Not substantially more detrimental.
4. Less detrimental because less year round units.
5. There were no objections from abutters.
6. Mr. Porteus agreed to abide by the Standard Conditions for Affordable Accessory Dwelling Units in accordance with Section 6.21 of the Wellfleet Zoning Bylaw which includes:
· 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 requirement removal of the unit.
· 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.
· 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.
· 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.
· The property owner named herein shall obtain a Certificate of Occupancy from the Building Inspector prior to the affordable accessory dwelling unit being occupied.
Robert Hankey Moved to accept Findings of Facts; Seconded by
Peter Watts; Approved 5-0. David Rowell Moved to approve the Special Permit and Affordable Accessory Dwelling Unit request based on the Findings of Facts with the following condition:
· This request receives the Planning Board endorsement.
Seconded by Robert Hankey, Passed 5-0.
8:55 James and Merri Lynn Todd, Catboat Road, Assessor’s Map 41,
Lot 88: Request for Special Permit under Wellfleet Zoning Bylaw
6.14.3 to alter the structure of a pre-existing single family two story residential structure, and pursuant to M.G.L. Ch 40A, Section 6 to enlarge an existing residence situated on a lawfully pre-existing non-conforming lot. The Board consisted of Steve Rose, Chair; Robert Hankey, William Nicholson, Peter Watts and David Rowell. Harry Terkanian, Attorney, attended the meeting with Mr. Todd. Attorney Terkanian submitted a written memorandum in support of the petition. He stated they went before the Conservation Commission obtaining the
necessary approvals to proceed with the project. This home had been previously a year-round residence. It is currently a second home for the Todd’s and will most likely become their retirement home. The proposed improvements will have no seasonal consequences. The project will not affect scenic views from public ways and other developed properties, nor will it affect public access to or along the shoreline.
There was discussion regarding the timing of the Town’s bylaw changes. Trevor Pontbriand stated the permits are good for two years. Peter Watts had a concern about the potential obstruction of views, but after visiting the site, he is not concerned. The lower part of the new garage wall will have break-away construction. The new decking will be supported by
sono tube footing.
Robert Hankey moved for Findings of Fact:
1. The granting of a flood plain exemption will not result in increased flood heights, decreased flood storage capacity, additional threats to public safety, extraordinary public events, cause fraud on or victimization of the public or conflict with existing local laws.
2. The Wellfleet Conservation Commission authorized the project pursuant to the Special Flood Hazard District Regulations of the Wellfleet Zoning Bylaw, Section 6.14. The garage will be situated in the flood plain but has been designed to meet the flood plain requirements of the building code. The garage will be situated landward of the existing residence and therefore further from the reach of potential flooding. The proposed screened in porch will be constructed on sono tube footings in order to comply with building code requirements for Flood Plain construction.
3. This project received approval of the Wellfleet Conservation Commission in accordance with M.G.L. Chapter 131, Section 40, The Wetlands Protection Act and with the Town of Wellfleet’s Environmental Protection bylaw.
4. Setbacks and frontage are not affected by project.
5. There will be an increase in lot coverage.
6. The profile of the house as viewed from Cat Boat Road (and from Wellfleet Harbor) will be changed only minimally.
7. The project is not substantially more detrimental than the existing non conformity.
Steve Rose Moved to accept the Findings of Fact; Seconded by Robert Hankey, Passed 5-0. Steve Rose Moved to approve the Special Permit; Seconded by Robert Hankey, Passed 5-0.
9:23 Larry Peters distributed proposed plans for Penny Patch Park located behind the church on Main Street. The Zoning Board determined no action would be required of them.
The February 26 meeting minutes were read. Robert Hankey Moved to accept the meeting minutes with noted amendments; Seconded by Trevor Pontbriand; Passed 6-0.
9:30 Steve Rose requested an Executive Session to discuss litigation issues. Vote: David Rowell, yes; Robert Hankey, yes; William Nicholson, yes; Peter Watts, yes; Sibel Asantugrul, yes; Trevor Pontbriand, yes, Charles Amsler, yes; Steve Rose, yes.
9:40 Robert Hankey Moved to adjourn regular business meeting; Seconded by Steve Rose; Passed 7-0.
Respectfully Submitted,
Christine A. Bates
__________________________ ______________
Steven Rose, Chair Date
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