Date: March 10, 2005
Time: 7:00 PM
Present: Steve Rose, Chair, David Rowell, Robert Hankey, Peter Watts, Trevor Pontribiand, Charles Amsler. Sibel Asantugrul, Jeffrey Stewart and Christine Bates, Committee Secretary
Regrets: William Nicholson
Public Hearings:
7:00 #05-07: Harriet Miller, 115 Aaron Rich Road, Map 29, Parcel 288.1: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and William Nicholson. Ms. Miller stated the unit will be a one bedroom dwelling. She has talked with the Health Agent and a new septic system will be added for the dwelling. Steve Rose questioned the plans depicting a door for the living room and if it might be considered a habitable area. He recommended Ms. Miller go to the Board of Health. Paul Murphy, Building Inspector, stated a four foot opening would be sufficient to not consider it another bedroom. He also stated he gives the
Certificate of Occupancy prior to tenants being approved; however, he would give the dwelling a final inspection and place a condition that the owner see the Assistant Town Administrator regarding the Affordable Housing requirements. Steve Rose motioned for Findings of Fact:
1. Affordable accessory dwelling units may be 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. 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.
Robert Hankey Moved to approve the Findings of Fact; Seconded by Peter Watts, Passed 5-0.
Steve Rose Moved to approve the Special Permit with conditions; Seconded by Robert Hankey,
Passed 5-0.
1. The opening between the living room and dining room requires Board of Health approval.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7:18 #05-06: Warren C. Ruppar, Old Wharf Road, Map 36, Parcel 163: Application for a Special Permit under WZB 6.1.5.1 and 8.4.2: Addition to dwelling. The Board consisted of Steve Rose, Robert Hankey, Peter Watts, William Nicholson and Sibel Asantugrul. David Rowell recused himself from the hearing. Chet Lay of Slade Associates, represented the applicants. He stated the addition will be built on a concrete slab, and increase the lot coverage to 9%. Peter Watts questioned the location of the deck on the side yard because it crosses the property line. Mr. Lay stated it has been there for over seven years. The addition is a furnace room. Steve Rose motioned for Findings of Fact:
The addition is minimal intrusion into the rear setback.
No increase in use.
No objection from abutters.
Steve Rose Moved to approve the Findings of Fact; Seconded by William Nicholson,
Passed 5-0.
Steve Rose Moved to approve the Special Permit; Seconded by William Nicholson, Passed 5-0.
7:30 #05-08 Mark and Mary Berry, 633 Route 6, Map 42, Parcel 72: Application for a Special Permit under WZB 6.11: Conversion of cottages to condominium form of ownership. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson. Attorney Benjamin Zehnder and Mark Berry presented details of the units and the main dwelling. A letter dated March 10, 2005 from the Board of Health was read into the records as well as a letter from the Planning
Board dated March 4, 2005 stating their meeting would not be held until March 16, 2005, at which time they would hear the presentation and make recommendations. Zehnder stated they are not proposing any changes to the cottages, and they would be for seasonal use. The main dwelling is a year-round residence. He explained units 6 and 7 will be changed to a one bedroom unit to accommodate the septic system. There was discussion regarding the home business in the main dwelling and it was determined no permit was required. Zehnder stated there is no exclusive “use” areas on the property. Rowell stated the units 2, 3, 4 and 5 are 345 square feet and the by-laws state units can be 550 square feet. Zehnder stated the cottage colony is already non-conforming and they did not
anticipate any changes to the units. Steve Rose asked Zehnder to calculate the lot coverage if the future owners would want to enlarge the units. Watts requested the septic and well be identified on the plans. He also asked if the shed, located on the property line, could be moved to a new location. Applicant stated he would remove shed. It was noted the laundry facilities are located in Unit 8 (the main dwelling). Peter Watts moved to continue the hearing to April 28, 2005; Seconded by Steve Rose; Passed 5-0.
8:00 #04-56: Todd E. LeBart and Hugh L. Dunbar, Jr., Cahoon’s Hollow Road, Map 17, Parcel 8: Application for a Special Permit under WZB 6.1.5.1b and 8.4.2: Demolish two cottages and replace with two new cottages (Cont’d from 02/10/05). The Board consisted of Steve Rose, Chair, David Rowell, Rowbert Hankey, Peter Watts and William Nicholson. Steve Rose read a letter dated March 4, 2005 from Chet Lay, Slade Associates, requesting a continuation. Peter Watts moved to approve the request for continuation to April 28, 2005; Seconded by Steve Rose, Passed 5-0.
8:05 #04-46: Ward and Marylou Theilman, 1100 Browns Neck Road, Map 7, Parcel 72: Special Permit under WZB 6.1.5: extend kitchen into setbacks. The Board consisted of Steve Rose, Chair, David Rowell, Peter Watts, William Nicholson, and Trevor Pontbriand. A letter dated February 14, 2005 from the Theilman’s requested the Board withdraw the case without prejudice. Steve Rose moved to withdraw the case without prejudice; Seconded by Robert Hankey; Passed 5-0.
Business Meeting:
David Rowell suggested the Board consider ending the Board meetings at 10:00 pm. Steve Rose recommended the Board members make a decision at the next meeting.
Meeting minutes of October 14, 2004 were reviewed with recommended changes. Peter Watts Moved to approve the minutes; Seconded by Robert Hankey, Passed 8-0.
Meeting minutes of October 28, 2004 were reviewed with recommended changes. Steve Rose Moved to approve with changes; Seconded by Peter Watts; Passed 7-0
November 18, 2004 meeting minutes were reviewed with recommended changes; Steve Rose Moved to approve; Seconded by David Rowell, Passed 7-0.
December 2, 2004 meeting minutes were reviewed with recommended changes, Robert Hankey Moved to approve; Seconded by David Rowell, Passed 7-0.
David Rowell stated he met with the architect for WHAT and discussed the discrepancies on the plans submitted to the Board. He also stated there would be changes to the signs.
Steve Rose Moved to adjourn the meeting at 8:18 pm; Seconded by Peter Watts; Passed 9-0.
Respectfully submitted,
Christine Bates
Committee Secretary
| 
