Minutes of Zoning Board of Appeals Public Meeting
Date: July 27, 2006
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, Vern Jacob, William Nicholson, Robert Hankey Charlie Amsler, Bruce Drucker, and Christine Bates, Committee Secretary.
Regrets: Sibel Asanturgul
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
7:00 05-25 Kenny, James, 1937 State Highway, Map 29, Parcel 269A: Application for a Special Permit under WZB 6.1.1: alteration or extension of cottage: enlarge existing sun room by 4 feet in length and 2 feet in width (Cont’d from 10/27/05). An e-mail was received from Kenney on 7/10/06 requesting his case be continued to October 12, 2006. Trevor Pontbriand moved to continue to 10/12/06; seconded by Jeffrey Stuart; passed 7-0.
7:05 06-26 Pickard, Lloyd and Alison, 40 Kerouach Rd, Map 13, Parcel 51: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Bruce Drucker. Lloyd Pickard represented himself. He stated the building is already in place and the interior needs to be finished. The square footage is approximately 936 sq. ft. Trevor moved for Findings of Facts:
1. The affordable accessory dwelling unit is attached to the garage.
2. The unit is approximately 936 square feet.
3. The unit is newly constructed and complies with all applicable provisions, including setback requirements.
4. The owner will occupy the unit and rent the house.
5. The affordable accessory dwelling unit will not be separated by ownership from the principal dwelling unit.
Trevor Pontbriand moved the findings of fact; 2nd by Robert; 5-0. Trevor Ponbriand moved to approve the Special Permit with the following conditions:
1) The septic system shall meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
2) The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes.
3) 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 requiring removal of the unit.
4) 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.
5) 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 mendments to the HUD Fair Market Rental Guidelines.
6) 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.
7) The property owner named herein shall obtain a Certificate of Occupancy from the Building Inspector prior to the affordable accessory dwelling unit being occupied.
Seconded by Bruce Drucker ; passed 5-0.
7:20 06-27 Rozza, Jacqueline, 20 Fresh Brook Lane, Map 42, Parcel 1A: Application for a Special Permit under 6.1.1: Remove small deck and construct 16’ x 16’ deck . The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson and Charlie Amsler. Rozza represented herself along with Peter Grosso, the builder. The applicant wants to expand the decking. Grosso doesn’t feel she will encroach on any neighbors. A letter dated 7/20/06 from Ann Kutka objected to the project. Linda Hurd, an abutter, also objected. Ms. Rozza presented a letter from Richard Ganser, Jr., President of the Association stating it was discussed at the September 2003 Association meeting and the project was
verbally approved by a majority of the members. Paul Murphy states it is in the MA. General Laws that any alterations require 100% approval from members of the association. Pontbriand recommended Rozza go back and check the association documents or get permission from members. Rozza stated she is the only year round resident in the condo. She requested a continuation to October 12, 2006. Trevor Pontbriand moved to continue to October 12, 2006; seconded by Robert Hankey; passed 5-0.
7:30 06-28 Amsler, Charles, 2520-A Route 6, Map 23, Parcel 34: Appeal from Person Aggrieved or alternatively application for a Special Permit under WZB 5.4.13 for more than one use on property (hot dog cart). The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Bruce Drucker. Amsler gave background on getting food permit, training course on food preparation, etc. He received a permit from the Selectmen in May; and received a letter from Building Inspector, Paul Murphy, dated June 19, 2006 for cease and desist. Paul Murphy states this is a 2nd use on the property. Discussion took place regarding what definition this application should come under. Pontbriand stated
he feels the hot dogs would be a principal use based on the bylaws. This could closely resemble a roadside stand or we could look at this as two uses on the property. Hankey asked how this would affect the former Special Permit. Amsler stated he felt the previous approval was for several uses for the proposed new building and property. Pontbriand stated there would be a single building along with the affordable housing. At the time the permit was granted, we did not know what kind of business would be going in and each one of the tenants/owners would have to come to the ZBA. Amsler stated the hot dog cart is seasonal and there will be ample parking in the future. There will be coolers as well as the grill/steamer. Amsler stated he must use bottled water per the Board of Health. The unit has been inspected by the Board of Health, Building Inspector and Fire Dept. Stewart concerned with what else would be sold besides hot
dogs. Stewart states it closely resembles a roadside stand. Agent Greenberg stated he could not have any seating (picnic tables). Pontbriand moved for Findings of Fact:
1. The hot dog cart closely resembles in its neighborhood a temporary roadside stand as defined in section 2.1.
2. There were no objections from abutters.
Robert Hankey moved the Findings of Fact; 2nd by Bruce Drucker, passed 5-0. Trevor Pontbriand moved to approve a Special Permit based on Findings of Fact; seconded by Robert Hankey; passed 5-0.
Business / Other
Paul Murphy read bylaw 6.1.1. He asked the Board’s opinion if a cottage colony is already conforming regarding number of units, setbacks are fine and the land area sufficient, would someone have to come before the ZBA if they wanted to alter the cottage. Pontbriand doesn’t feel they would have to come before the ZBA as long as they are within the building codes. Until such time it becomes nonconforming, they can do things by right.
8:30 pm Trevor Pontbriand requested an Executive Session to discuss litigation issues and invite Building Inspector, Paul Murphy to be a part of the session. Vote: Jeffrey Stewart, yes; Robert Hankey, yes; William Nicholson, yes; Bruce Drucker, yes, Vern Jacob, yes; Charlie Amsler, yes.
8:45 pm Regular Business Meeting resumed.
· Paul Murphy reported he has new office hours Tue thru Fri 7:00 – 5:00, off Monday.
· Pontbriand, Jacob, Hankey and Stewart will attend the Non-residents taxpayer meeting scheduled for 7/31/06;7:30 senior center Robert Hankey moved to Adjourn at 8:50; Jeffrey Stewart seconded; passed 7-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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