Minutes of Zoning Board of Appeals Public Meeting
Date: March 22, 2007
Time: 7:00 PM
Place: Wellfleet Senior Center
Attendees: Trevor Pontbriand, Jeffrey Stewart, Vern Jacob, William Nicholson, Roger Putnam, Robert Hankey, and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker and Charlie Amsler
Chair Pontbriand called the meeting to order at 7:00 pm. Chair Pontbriand gave an overview of the hearing process.
Public Hearings:
7:00 pm 07-26 Audrey Danforth, 5 Holbrook Ave., Map 21, Parcel 105: Application for a Special Permit under WZB 6.21: Affordable Accessory Dwelling Unit (Cont’d from 01/11/07 to 03/22/07). The applicant requested the Board continue this hearing indefinitely. Hankey moved to approve the continuation; seconded by Putnam. Stewart stated he was concerned with applicants who repeatedly continue their cases, and suggested the applicant come back with a date certain, and to make a motion to have abutters notified when the case comes up again; to which Pontbriand agreed. Hankey withdrew his motion; Roger withdrew his second. Vern Jacob suggested the applicant withdraw without prejudice at this point and resubmit when she is ready. Roger moved the application
be withdrawn without prejudice; no second. After further discussion, Hankey moved to continue to September 13, 2007, seconded by Jeffrey Stewart; passed 6-0. Stewart moved to have the abutters be notified of the new hearing; seconded by Hankey; passed 6-0.
7:15 pm 94-08 Samuel Baker, Route 6 and Cove Road, Map 23, Parcel 211: Amendment to Special Permit under WZB 5.3.2 to change name of grantee on Special Permit. Ashley Fawkes-Sylver represented Mr. Baker. William Nicholson recused himself. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Vern Jacob and Roger Putnam. Fawkes-Sylver read a letter from Mr. Baker giving an overview of what he plans to do with the restaurant establishment. The business will be called “Sam Cooks”. Bob Costa, from the audience, stated he supports the petition. Pontbriand stated he did not feel the Board needed to review the findings of fact from the original Special Permit. Pontbrand moved to amend the original Special Permit to
change the permittee to Samuel Baker; seconded by Stewart; passed 5-0.
7:20 pm 06-44 David and Claudia Ferber, 935 Route 6, Map 36, Parcel 190-C: Amendment to approved Special Permit to relocate door and window. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Vern Jacob, replacing Bruce Drucker. The only change is the location of a door and window from the previously approved Special Permit. Building Inspector Paul Murphy stated there is a slight change due to the landing and egress. Stewart moved to approve the amendment to relocate the door and window based on materials provided; seconded by Trevor Pontbriand; passed 5-0.
7:30 pm 07-11 Theresa Townsend, 25 Blue Heron rd., Map 42, Parcel 114: Application for a Special Permit under WZB 6.21 for an Affordable Accessory Dwelling Unit. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, William Nicholson, Vern Jacob, and Robert Hankey. Theresa Townsend represented herself. A site visit was made. Hankey questioned if there is a wetland on the property and Theresa stated it is considered a lowland. The upstairs over a newly constructed garage will be the affordable accessory unit. The building can be built by right. Pontbriand moved for Findings of Fact:
1. The Affordable Accessory Dwelling Unit will be constructed above a new detached garage.
2. The Affordable Accessory Dwelling Unit will be approximately 1,040 square feet.
3. The newly constructed garage will comply with all setbacks.
4. The owners will occupy the primary unit.
Trevor Pontbriand moved the Findings of Fact; seconded by Vern Jacob; passed 5-0. Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0, 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.
6. The septic systems are required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
7. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes.
8. 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.
07:45 pm 07-06 Jay Horowitz for Roger Cacchiotti, 180 Commercial St., Map 21, Parcel 91: Application for a Special Permit under WZB 6.1.5.1(b) to reconstruct kitchen wing with a new story addition (Cont’d from 01/25/07). Jay Horowitz represented the applicant. The Board for this hearing consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Roger Putnam replacing Charlie Amsler with the approval of the applicant’s agent. The meeting minutes of 01/25/07 were read into the record. The Building Inspector stated the applicant did not have to go to the Historical Review Board. The applicant provided new design plans. The project received approval from the Board of Health. Jay Horowitz reviewed the project
again. The Board discussed the attributes of the plan. Pontbriand moved for Findings of Fact:
1. The existing property is non-conforming due to area and frontage.
2. The existing structure is non-conforming due to front and side setback intrusions and lot coverage..
3. The proposal will increase the lot coverage from 24.3% to 26.5%.
4. The proposed structure will not extend any further into the setback than the existing building.
5. There will no increase in height to the structure.
6. There will be no change or increase in use.
7. There was no objection from abutters.
Trevor Pontbriand moved to approve the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Trevor Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
Other Business
Jay Horowitz suggested the ZBA review their directive of having applicants go before other regulatory boards prior to coming to the ZBA. Trevor Pontbriand told him the Board addressed this issue at its last meeting, and a vote was taken to review each case individually. Horowitz also suggested changing the directions on the application procedure to include building elevations on every application.
Robert Hankey moved to approve the meeting minutes of January 25, 2007; seconded by Roger Putnam; passed 5-0.
Robert Hankey moved to approve the meeting minutes of February 8, 2007; seconded by Roger Putnam; passed 6-0.
Paul Murphy, Building Inspector, reported that two people had discussed the purchase of the Captain Higgins Restaurant with him. They asked if the building could be demolished and rebuilt. Murphy told them there can be no increase in or addition to a nonconforming restaurant as they are not allowed in the Central District. It was Paul’s thought that if the Zoning Board of Appeals were to make a Finding of Fact that there would be no intensification of use, and no change making it more nonconforming, that they would be allowed to demolish and rebuild. Murphy will author a letter and copy the ZBA.
Jeffrey Stewart wanted clarification regarding the applicants not going before other Boards before us. Trevor Pontbriand explained that all cases were individual and needed to be reviewed separately to take into consideration the costs to the applicant. Discussion took place regarding the pros and cons of the vote taken on 03/08/07, including costs to the applicants, conditions set by other Boards, and the Building Inspector and Health/Conservation Agent giving guidance to the applicants. Robert Hankey stated Town Counsel did not recommend informal hearings. Jeffrey Stewart stated he feels the applicants should go before the Board of Health and Conservation Commission prior to coming to the ZBA to keep the process intact. Pontbriand stated applicants can discuss their applications with the
Building Inspector, Health/Conservation Agent or ask members of the Board for advice. Robert Hankey suggested a new regulation/bylaw be made to identify the order applicants should take to avoid confusion.
Roger Putnam moved to approve the dateYear2007Day8Month3March 8, 2007 meeting minutes; seconded by Robert Hankey; passed 6-0.
Trevor Pontbriand moved to adjourn at 8:40 pm; seconded by Robert Hankey; passed 6-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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