Date: October 28,2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, David Rowell, Peter Watts, William Nicholson, Jeffrey Stewart, Trevor Pontbriand, Sibel Asantugrul and Christine Bates, Committee Secretary
Regrets: Robert Hankey, Charles Amsler
Steve Rose, Chair, called the meeting to order at 7:00 pm.
Public Hearings:
7:00 #04-42, Lawrence and Lee Ann Jaquith, 1035 Ridge Street, Map 36, Parcel 145: Application for a Special Permit under WZB 5.4: Addition of a screen porch with new roof deck on existing deck. Board members for this hearing were Steve Rose, David Rowell, Peter Watts, Trevor Pontbriand, and Sibel Asantugrul. A site visit was made. Mr. Jaquith explained he wants to put in a screened porch and extend the deck from the second floor. Discussion took place regarding the definition of a screened porch if windows were going to be used. Jaquith stated he would not utilize glass windows if the Board had concerns about them. The porch would not add to the lot coverage; however, there is a setback issue. Rowell expressed concern with the plan
submitted (mortgage inspection plan) because it is not a certified surveyors plan and there is room for error on the setbacks. Rowell stated this is a logical extension, the dwelling is pre-existing on a nonconforming lot. It was noted neither abutting properties were buildable lots which mitigates some of the setback issues. Rowell pointed out one abutter is within the well arc, as well as the proposed room. Rose stated he would like a surveyed plan with new description of what the proposed project will be and it will be readvertised as an addition. The Board recommended the applicant go to the Health Agent to see if this would impact septic system and have a letter sent to the ZBA with issues of lot coverage, setbacks, and volumetric increase. Steve Rose Moved to Continue this to January 27, 2004 (per applicants request of date); Seconded by David Rowell, Passed 5-0.
7:40 #04-47, Beach Mountain, LLC, 447 State Highway, Assessors Map 42, Parcels 44 and 22: Application for a Special Permit to alter the pre-existing non-conforming structures by connecting them together; allow an additional apartment for employee use, and a variance, if necessary, to alter pre-existing non-conforming structures that are within the required setbacks. Steve Rose and Sibel Asantugrul recused themselves from this hearing. David Rowell, Vice Chair, Peter Watts, William Nicholson, Trevor Pontbriand, and Jeffrey Stewart were members of the Board for this hearing. Andrew Singer, Attorney and Fred Riley, owner, requested an amendment on a previous Special Permit and a possible variance to complete the proposed project. Currently there are two buildings with an
opening between them. Mr. Riley would like to connect the two buildings with a 120 square foot corridor (approximately 9 feet x 13 feet). There would be no additional use of the property. Riley would like to add an additional apartment in the main building on the second floor. This property was allowed up to seven uses in previous Special Permits. Applicant will decrease to one retail use and two apartments with one office. The increase in volume of the building would be .18%. There were no objections from abutters. Concerns were expressed regarding the second apartment due to regulations. Mr. Riley would use one apartment year round and the second apartment would be for seasonal employees. Nicholson asked if applicants were aware of Affordable Accessory Dwelling Units and Singer replied the proposed apartment is for seasonal use. Singer asked for an extension of the residential use Special Permit. The Board determined this
should be considered a single family dwelling with only one kitchen, possibly with a door connecting the two areas. A discussion took place regarding the septic flow if there were two apartments and the need to go before the Health Agent. Mr. Singer asked if the project could be altered by connecting the retail corridor on the first floor only and withdraw the request for any work on the second floor (Section #2 and #3 of the application) without prejudice. Rowell expressed concern regarding stamping plans that are not accurate. Singer requested a vote be taken with conditions and new plans would be submitted in two weeks with revised first floor project. Rowell Moved to allow the applicant to withdraw items 2 and 3 without prejudice; Seconded by Watts; Passed 5-0. Rowell Motioned for Findings of Fact:
1. Pre-existing, non-conforming in regards to front setbacks and use.
2. Minimal increase in the front setback with the nine (9) foot connector.
3. No increase in use.
4. No objection from abutters.
5. Increase in lot coverage is minimal and still within lot requirements.
David Rowell Moved to approve Findings of Fact; Seconded by Jeffrey Stewart; Passed 5-0. Rowell Moved to approve a Special Permit based on Findings of Fact for the connecting corridor with conditions:
1. Conservation Commission approval if need be.
2. Revised drawings be submitted within fourteen (14) days. If plans are not available within fourteen days, the applicant will reschedule an appearance before the Board.
Peter Watts Seconded; Passed 5-0.
8:37 #04-45, Charles E. Rogers, Springline Drive, Assessors Map 29, Parcels 258 and 259: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit. Board members for this hearing were Steve Rose, David Rowell, Peter Watts, William Nicholson and Jeffrey Stewart. A site visit was made. Applicant stated he wants to construct a two bedroom dwelling and utilize the garage apartment as the Affordable Accessory Dwelling Unit. The lots have been combined to create a single lot. Applicant went before the Conservation Commission. Letter of October 28, 2004 from Emily Beebe, Health and Conservation Agent, was read. The floor plan of the garage is 840 square feet. There will be a separate driveway and parking area. One-third of the lot
will be allowed to be returned to the indigenous state. There was discussion regarding having two dwellings on the same property and if a condition could be utilized to allow the owner to live on the property. Pontbriand recommended giving a Special Permit for Affordable Accessory Dwelling Unit with a two year condition to allow applicant to build primary residence. Rose Moved for Findings of Fact:
1. Affordable accessory dwelling unit 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 square feet of Livable Floor Area as that term is defined in Section II of this Zoning By-law.
3. Affordable accessory dwelling units within or attached to a principal dwelling, principal structure or garage that is pre-existing nonconforming shall not increase the nonconforming nature of that structure, except that any pre-existing accessory building may be eligible for conversion to an affordable accessory dwelling unit.
4. Newly constructed detached accessory units shall comply with all setback requirements listed in Sections 5.4.2 of this Zoning By-law.
5. 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.
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.
Rowell Moved to accept Findings of Fact; Seconded by Rose;
Passed 5-0. Rose Moved to issue 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 of 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 affordable accessory dwelling unit is to be implemented within two years and a Certificate of Occupancy for the primary dwelling will not be issued until this has been filed.
Rowell Seconded the granting of the Special Permit; Passed 5-0.
9:03 Ward and Marylou Theilman, 1100 Browns Neck Road, Assessors Map 7, Parcel 72: Application for a Special Permit under WZB 6.1.5: extend kitchen out 8 x 10 which would place a small portion of the addition into setbacks. The Board members for this hearing were Steve Rose, David Rowell, Peter Watts, William Nicholson, and Trevor Pontbriand. A site visit was made. A discussion took place if the deck had been permitted. Applicant stated deck was there when they purchased the house. Since the addition will encroach the setback by only one or two feet, the Board asked if the applicants could shorten the kitchen’s length
and not create a nonconformity. The Board requested the applicants provide a certified surveyor’s plan of the property, identifying dimensions and distances, and to show the extent of everything they are planning on building. Pontbriand Moved to continue to December 16, 2004; Seconded by Nicholson, Passed 5-0.
9:26 Nina Dimmitt and Michael Bobrowski, 276 Main Street, Map 15,
Parcel 49: Application for a Special Permit under WZB 5.4.2: Build an exterior spiral staircase to rear of house (Cont’d from 09/09/04). Members of the Board were Steve Rose, David Rowell, Peter Watts, William Nicholson, with Jeffrey Stewart replacing Robert Hankey. The applicant accepted Stewart as a replacement. Meeting minutes of 08/12/04 were read. A letter dated 09/11/04 from the Historical Review Board approved the staircase. The Inspector of Buildings has no issues with the project. Discussion took place if this was a fire escape and Bobrowski stated it is an egress off second floor for the
third floor. Rowell Moved for Findings of Fact:
1. No objections from abutters
2. Received Historical Review Board approval
3. Increase in the safety of occupants
4. Victorian one cast aluminum spiral staircase
5. No increase in lot coverage
6. Minor further intrusion in set backs
7.
Peter Watts Moved to accept Findings of Fact; Seconded by David Rowell, Passed 5-0. David Moved to grant a Special Permit; Seconded by William Nicholson; Passed 5-0.
Other Business:
Meeting minutes of 09/09/04 were reviewed and accepted as presented.
Pontbriand Moved to accept minutes; Seconded by Rowell; Passed 6-0.
Meeting minutes of 09/23/04 were reviewed and accepted as presented.
Stewart Moved to accept minutes; Seconded by Asantugrul; Passed 7-0.
Meeting adjourned at 9:50 pm.
Respectfully submitted,
Steve Rose, Chair Christine Bates,
Committee Secretary
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