Date: September 23,2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, David Rowell, Jeffrey Stewart, Trevor Pontbriand, Charles Amsler, Sibel Asantugrul and Christine Bates, Committee Secretary
Regrets: Robert Hankey
Steve Rose, Chair, called the meeting to order at 7:00 pm.
Public Hearings:
7:00 #04-22, Charles Amsler, 2520 State Highway, Route 6, Map 23, Parcel 34: Application for a Special Permit under WZB 5.3.2: Change the use of property from a real estate office to business offices and retail use (Cont’d from 07/08/04). The Board consisted of Steve Rose, David Rowell, Peter Watts, Jeffrey Stewart and Trevor Pontbriand. Pontbriand replacing Robert Hankey, applicant approved replacement. Charles Amsler recused himself from the table. Peter Farber, Attorney and Charles Amsler presented an overview of the proposed project. Steve Rose stated he received a letter from Town Counsel regarding Court Case BACV2002-00646 with the decision of the court that Mr. Amsler is obligated to fully restore his property to the pre-excavation condition.
However, if Findings of Fact and approval for the current Special Permit (04-22) are in Amsler’s favor, the two court cases would be null and void. Stewart read the meeting minutes of August 26, 2004. Peter Farber, Attorney, questioned the statement in the meeting minutes regarding Matt Farrell providing a letter regarding the compactment of the slope. Rose stated the letter would be provided after the work is complete verifying the slope would be stable and safe. Farber passed out proposed conditions regarding the property. Watts questioned Farber if Mr. Cook, abutter, was made aware of the conditions and he responded yes, and agreed to them. There was discussion if the front slats of the fencing would be facing Route 6 or Mr. Cook’s property; response was Cook’s property. Mr. Amsler stated the first floor level could be office or retail space, depending upon the clients, and the second floor would be office space. There will be no storage of vehicles on the property.
Steve Rose motioned for Findings of Fact:
1. The proposed building will not be more significantly detrimental.
2. Proposed building meets building setbacks and is under the lot coverage for the district.
3. The retaining walls are reduced in height and tiered, making them no longer a structure.
4. The retaining wall will maintain and restore slope and prevent further erosion into the abutting property.
5. The proposed use meets the requirements of the zoning district.
6. The Police and Fire departments are agreeable to the egress and safety of the property.
7. Abutters objectives have been satisfied.
David Rowell Moved to accept the Findings of Fact; Seconded by Peter Watts; Passed 5-0. David Rowell Motioned to approve the Special Permit with the following conditions:
1. The applicant agrees, for himself, his heirs, successors and assigns, to grade the slope in accordance with the plans submitted herewith as approved by the Board of Appeals, and in doing so to:
2. Restore the ground surface along the entire easterly boundary of the premises to its pre-existing condition, including any erosion that has occurred to land of the easterly abutter, Reuben and Nancy Cook.
3. The applicant agrees, for himself, his heirs, successors, and assigns, to install and maintain in good and safe condition a picket fence, approximately 48 inches in height, along the entire easterly boundary of the premises.
4. Plant and maintain rosa rugosa in a 36 inch grid across the slope so as to stabilize the slope adjoining the land of Cook.
5. The applicant agrees for himself, his heirs, successors and assigns to maintain the private way running along the northerly boundary of the premises in an open, passable and safe condition during the construction phase of the project, and upon completion of said construction phase, to pave said way with asphalt from Route 6 to a point approximately adjacent to the northeasterly corner of the premises.
6. Hillock located near dwelling shall remain.
7. The hours of operation will be from 7:00 am to 10:00 pm, seven days per week year round.
8. Approval subject to lighting plan and review.
9. The slats of the fencing will face the Cook’s property.
Peter Watts Moved to approve the Special Permit with conditions; Seconded by Jeffrey Stewart; Passed 5-0. Mr. Farber and Town Counsel will execute stipulation of the zoning appeal case pending in the Barnstable Superior Court. This permit will reestablish the bank as ordered by the Courts.
7:35 #04-39, Charles Amsler, 2534 Route 6, Map 23, Parcel 34: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit. The Board members for this case were Steve Rose, David Rowell, Peter Watts, William Nicholson, and Sibel Asantugrul. Steve Rose Motioned for Findings of Fact:
1. The existing building contains 840 square feet of living space consisting of living room, kitchen, dining room, two bedrooms and one bath.
2. Building is presently occupied by a tenant.
3. The rent will be reduced to level guidelines.
4. The property meets all requirements and standards as outlined in the Wellfleet Zoning Bylaws.
Steve Rose Moved to accept the Findings of Fact; Seconded by Peter Watts; Passed 5-0. Steve Rose Moved to grant a Special Permit with the following 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 requirement 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 (80) 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.
Seconded by Peter Watts, Passed 5-0.
8:01 Charles Amsler rejoined the Board.
8:02 John A. and Lorraine D. Nealon, 95 LeCount Hollow, Map 30, Lot 10: Application for a Special Permit under WZB 6.1.5: Alteration of pre-existing, non-conforming, single family residence – replace existing deck with three (3) season room. The Board members for this case were Steve Rose, David Rowell, Peter Watts, William Nicholson and Jeffrey Stewart. Nealon would like the proposed addition to be a dining area. He met with the Board of Health and Agent Emily Beebe wrote a letter August 16, 2004 approving the addition with the condition the room must have a six foot opening from the main house to the addition. Patrick Whittey, abutter, wrote a letter of support for the project. Watts asked when the house was built; Nealon responded approximately 1960’s. There was discussion regarding adding on to the existing deck and could Mr. Nealon keep to the same footprint. The other option was to locate the room outside of the setbacks. Mr. Nealon stated there is an outside shower
and a bedroom window on that side of the dwelling and the room could not be shifted to that area. A discussion took place regarding if this were a year round dwelling based on heating. The board and the Building Inspector does not feel a three season room has a true description. Watts stated the dwelling met the setbacks when it was built, and questioned if the addition would be substantially more detrimental to the neighborhood. Rowell stated he wanted to see previous permits. David Rowell Moved to continue to January 6, 2004; Seconded by Jeffrey Stewart; Passed 4-1.
8:50 #04-26, James and Marcia Sexton, Ocean View Drive, Map 30, Parcels 609, 610, 614, 615, and 620: (Surfside Colony) WZB 6.11: Conversion of cottages to condominiums (Cont’d from August 12, 2004). William Nicholson recused himself. The members of the Board for this case were Steve Rose, David Rowell, Peter Watts, Jeffrey Stewart, and Sibel Asantugrul. Chet Lay and the Sextons came to the table. Meeting minutes of August 12, 2004 were read. It was noted Town Counsel reviewed the Master Deed and the Condominium Trust paperwork and found everything in order. Ms. Sexton explained a new area was created for parking at the Seaview cottage. There was discussion regarding the National Seashore’s restrictions for the colony. The
deed restrictions state the units will be rentals (so as not to change the use)although the owners can utilize the units as well. Steve Rose Motioned for Findings of Fact:
1. The proposed use of the premises does not substantially change the then existing use of the premises.
2. The proposed condominium documents (Master Deed, Declaration of Trust) explicitly define the proposed use.
3. The condominium documents are written with proper management authority to insure maintenance repair of public health and safety aspects of real property being converted. Each such special permit shall provide that the condominium documents may not be changed as to alter the three findings required by the proceeding sentence without first obtaining a special permit from the Board of Appeals.
4. The Board of Appeals received advice from the Board of Health and the Planning Board.
Steve Rose Moved to accept Findings of Fact; Seconded by David Rowell; Passed 5-0. Steve Rose Moved to approve the Special Permit based upon the findings of fact; Seconded by David Rowell;
Passed 5-0.
9:10 #98-18, Harold J. McGinn, 2318 State Highway, Map 23, Parcels 18 and 20: Remand: Appeal as a Person Aggrieved by Decision of the Building Inspector / Wellfleet Zoning Board of Appeals regarding uses on the Property / Special Permit Application for those Uses. The Board for this hearing is Steve Rose, David Rowell, Peter Watts, William Nicholson, and Trevor Pontbriand. A request by Mr. McGinn’s attorney, Zisson and Veara was received to continue this case to October 28, 2004. Rose Moved to continue to October 28, 2004;
Seconded by Trevor Pontbriand; Passed 5-0.
9:20 #04-29, Wellfleet Harbor Actors Theater, Route 6, Map 23, Lot 212: WBZ 5.4.12 to allow two principal uses on one lot; WZB 5.2 to 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 (Cont’d from August 12, 2004). The Board consisted of Steve Rose, David Rowell, Peter Watts, William Nicholson and Jeffrey Stewart. A letter dated September 9, 2004 from Attorney Myer R. Singer requests case 04-29 be withdrawn without
prejudice. Steve Rose Moved to allow the application for a Special Permit to be withdrawn without prejudice; Seconded by Peter Watts; Passed 5-0.
Business Meeting:
Steve Rose Moved to approve meeting minutes of July 8, 2004 with amendments; Seconded by Jeffrey Stewart; Passed 6-0.
Steve Rose Moved to approve meeting minutes of July 22, 2004 with amendments; Seconded by David Rowell; Passed 5-0.
David Rowell Moved to approved meeting minutes of August 12, 2004 with amendments; Seconded by Peter Watts; Passed 8-0.
Jeffrey Stewart Moved to approved meeting minutes of August 26, 2004 with amendments, Seconded by Steve Rose; Passed 5-0.
Paul Murphy, Inspector of Buildings, came to the table regarding a discussion on pre-existing dwellings and setbacks.
The Board had a discussion and vote regarding the application fees. It was determined other Cape Towns charge much more than Wellfleet and the fees are not covering the costs involved.
It was determined the ZBA would send a letter to the Selectmen requesting the following fee upgrades and new categories:
Conversion of Condominium: $500.00
Special Permit / Variance: $150.00
Affordable Accessory Dwelling Unit: $ 50.00
Appeal as Person Aggrieved: $ 35.00
David Rowell Moved to approve the amounts and send a request to the Board of Selectmen for their approval; Seconded by Peter Watts; Passed 8-1.
Trevor Pontbriand Moved to adjourn the meeting at 9:55; Seconded by Jeffrey Stewart; Passed 8-0.
Respectfully submitted,
Steve Rose, Chair Christine Bates,
Committee Secretary
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