Date: July 22, 2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, David Rowell, Jeffrey Stewart, Charlie Amsler, and Christine Bates, Committee Secretary
Regrets: Robert Hankey, Trevor Pontbriand, Sibel Asantugrul
Steve Rose, Chair, called the meeting to order at 7:03 pm.
Public Hearings:
7:00 #04-20, Denis Moran, 1937 State Highway, Route 6 (Brownie’s Cabins), Map 29, Parcel 269K: Application for a Special Permit under WZB 6.1.5: Alteration to a non-conforming single or two family residential structure – finish an enclosed 4’ x 4’ outside shower (Cont’d from June 24, 2004). Members of the Board for this case were Steve Rose, Peter Watts, William Nicholson, Charles Amsler and Jeffrey Stewart. A letter from Suzanne Calota, Chairman Board Of Trustees from Brownie’s Cabins,dated June 30, 2004 was read regarding condominium’s policy regarding out door showers. The letter stated they gave Denis and Judith Moran approval for the shower, and in the future, will not approve any outdoor shower designs with a roof.
Mr. Moran stated he was unaware of the Town’s approval and apologized. Peter Watts explained this adds to the lot coverage. Mr. Moran stated he would like to be able to complete the project because the roof is feathered into the roof shingles. The meeting minutes of
June 24, 2004 were read. David Rowell stated the units are under the minimum square footage and there is room for expansion to the cottages as the lot coverage is 12%. William Nicholson stated as long as the Board has a handle on this issue now, this is not substantially detrimental, as Mr. Moran was not aware of the process. Steve Rose Moved for Findings of Fact:
1. Increase in lot coverage is minimal.
2. Project received approval of the condominium association.
3. Not detrimental to condominium community.
4. No increase in living area.
5. No objection from abutters.
Peter Watts Moved to accept the Findings of Fact; Seconded by William Nicholson; Passed 5-0. William Nicholson Moved to approve the Special Permit with conditions; Seconded by Charles Amsler; Passed 5-0.
Conditions:
1. Gable ends remain screened on the roof.
7:20 04-25: Susan Peters (realtor) representing property at 200 LeCount Hollow Road, Map 30, Parcel 603: Application for a Special Permit under WZB 8.4.2.1: Suitability of the proposed location: feasibility of building a three to five bedroom dwelling on land within National Seashore district. Members of the Board for this case were Steve Rose, David Rowell, Peter Watts, William Nicholson, and Charles Amsler. Susan Peters stated the property has a potential buyer as of the meeting. The buyers are interested in renovating the structure and add one
bedroom. A letter from the National Park Service, dated July 21, 2004, was read by David Rowell. It stated the Park would oppose the construction of a second dwelling on the property. However, if the proposal is for expansion of the current house, or for a replacement of the existing house, the Park would defer the decision to the Town of Wellfleet. Peter
Watts stated one of the non conformities is the front setback. There was discussion about renovating the cottage as well as the potential for it to be moved within setback criteria. It was suggested Ms. Peters to go to the National Park Service and the Inspector of Buildings for guidelines regarding making the cottage a studio with an additional structure on the property. This property is a non- conforming lot because it is less than the required three (3) acres in the National Park district. Steve Rose told Ms. Peters the Board doesn’t normally hear informational applications, but appreciated her intention to protect the owner of the property as
well as the potential buyer. The owner would have to come before the ZBA with a new application for any renovations or changes to the property. Ms. Peters requested the Board withdraw her petition without prejudice. Peter Watts Moved to approve the request to
withdraw without prejudice; Seconded by David Rowell; Passed 5-0.
7:40 04-26: James and Marcia Sexton (Surfside Colony), Ocean View Drive, Map 30, Parcels 609, 610, 614, 615, and 620: WZB 6.11: Conversion of cottages to condominiums. Members of the Board were Steve Rose, David Rowell, Peter Watts, William Nicholson and Jeffrey Stewart. Steve Rose read a letter from Marcia Sexton requesting a continuance to August 12, 2004. Steve Rose Moved to accept continuance to August 12, 2004; Seconded by Peter Watts, Passed 5-0.
7:45 Irmgard Boriskin, 101 Commercial Street, Map 21, Lot 127: WZB 6.21: Application for Affordable Accessory Dwelling Unit and/or other relief deemed necessary to create dwelling use. Members of the Board were Steve Rose, David Rowell, Peter Watts, William Nicholson, and Charles Amsler. Ms. Boriskin explained that the house on the property needs to come down so a new house can be built. It will take approximately six (6) to eight (8) months to
complete the new house, at which time the garage would become an affordable accessory dwelling unit. Steve Rose asked Ms. Boriskin if she was aware of the criteria to meet the qualifications for Affordable Housing and that she would have to talk to Rex Peterson to receive approval. She stated she was aware of the process. ZBA Case 04-01 for Ms. Boriskin to build the garage did not have any conditions on it regarding the use of the upstairs. Ms. Boriskin stated the septic system on the property is for four bedrooms. Steve Rose Moved for Findings
of Fact:
1. Affordable accessory dwelling units may be located within or attached to a principal dwelling, principal structure, a garage or constructed as a detached unit.
2. Affordable accessory dwelling units shall not be larger than one thousand two hundred (1,200) square feet of Livable Floor Area as that term is defined in Section II of this Zoning By-law.
3. Newly constructed detached accessory units shall comply with all applicable provisions of the Zoning By-law unless they are specifically waived by this by-law. Newly constructed detached accessory units shall comply with all setback requirements listed in Sections 5.4.2 of this Zoning By-law.
4. Owners of residential property may occupy as a primary residence either the principal or accessory dwelling. For the purposes of this section, the “owner” shall mean one who holds legal or beneficial title.
5. Septic systems are 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. No affordable accessory dwelling unit shall be separated by ownership from the principal dwelling unit or principal structure. Any 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.
Steve Rose stated the application meets all the determinations and asked Ms. Boriskin again if she was familiar with the qualifications of which she responded yes. David Rowell Moved to accept the Findings of Fact; Seconded by Charles Amsler; Passed 5-0.
David Rowell Moved to approve the Special Permit with conditions; Seconded by Charles Amsler, Passed 5-0.
Conditions:
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 By-laws. Failure to comply with any of these provisions shall be considered a violation of Special Permit requirements. Failure to comply with any of the provisions may result in fines established in Section 8.3 of the Wellfleet Zoning By-laws and in 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 necessary documentation to confirm their eligibility for the dwelling unit. Specifically, all dwelling units must be rented to those meeting the guidelines for a low or moderate-income family. For the purpose of this section, low income families shall have an income less than eighty (80) percent of the Town of Wellfleet median family income, and moderate income families shall have an income between eighty (90) and one hundred twenty (120) percent of the Town of Wellfleet median
family income, as determined by the United States Department of Housing and Urban Development (HUD) Published Income Guidelines, and 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 rents 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. Forms for this purpose shall be provided. Rents may be adjusted annually in accordance with amendments to the Fair Market Rental Guidelines.
4. The property owner named herein shall complete and submit to the Inspector of Buildings an application for a Building Permit to allow a change in use.
5. The property owner named herein shall obtain a Certificate of Occupancy from the Inspector of Buildings prior to the affordable accessory dwelling unit being occupied.
8:19 04-29: Wellfleet Harbor Actors Theater, Route 6, Map 23,
Lot 212: WZB 5.4.12 to allow two principal uses on one lot; WZB 5.2 for use closely resembling amusement indoor; WZB 8.4.2 expand use of temporary theater to include non-children’s theater programs and expand use to include Sundays. Members of the Board were Steve Rose, David Rowell, Peter Watts, William Nicholson and Jeffrey Stewart. Chair Steve Rose stated “Due to the fact that this property is before the Cape Cod Commission, I believe that stops all permit processing on any piece of property; it freezes it in time according to my information.” Rose Motioned to continue this case to allow the Board to request legal advice from Town Counsel; David Rowell Seconded. Rose stated WHAT has come forward with three individual applications, the first of which was for the temporary
tent which was permitted, the second for the permanent building which was forwarded to the Cape Cod Commission, and the current case. Rose stated any increase in permitting for this particular property might not be proper because the more we permit, the more it becomes involved. Steve Rose Moved to continue Case 04-29 to August 12, 2004 and request Town Counsel’s advice; Seconded by David Rowell, Passed 6-0.
Other Business:
David Rowell asked the Board if they were aware of a property being converted to a condominium which was listed in real estate. Christine Bates to forward to Paul Murphy.
Meeting Minutes of May 27, 2004 were reviewed and approved; Peter Watts Moved to accept May 27, 2004 meeting minutes; Seconded by David Rowell; Passed 5-0.
Meeting Minutes of June 24, 2004 were reviewed and approved; Jeffrey Stewart Moved to accept June 24, 2004 meeting minutes; Seconded by Peter Watts, Passed 5-0.
Steve Rose read a note from the Cape Cod Commission that “The Colony” had been nominated for a District of Critical Planning Concern by the Wellfleet Historical Commission and Historical Review Board.
He also reported that Tim Smith sent a letter to all Committees / Boards regarding a Town Meeting scheduled for October.
Steve Rose Moved to adjourn meeting at 8:35; Seconded By David Rowell.
Passed 5-0.
Respectfully Submitted,
Steve Rose, Christine Bates,
Chair Committee Secretary
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