Minutes of Zoning Board of Appeals Public Meeting
Date: October 25, 2007
Time: 7:00 pm
Attendees: Trevor Pontbriand, Roger Putnam, Vern Jacob, Manny Heyliger, William Nicholson, Robert Hankey and Christine Bates, Committee Secretary
Regrets: Don Palladino and Bruce Drucker
Chair Pontbriand called the meeting to order at 7:00 pm and gave an overview of the hearing process.
Public Hearings:
7:03 pm: 05-33 Danforth, 5 Holbrook Ave., Map 21, Parcel 105: Request for two year extension to case 05-33 to enlarge side porch to allow room for a stairway to second floor. The applicant no longer requires the extension and the request is withdrawn.
7:04 pm: 07-31 Blaustein, 70 Sandpiper Hill Rd., Map 22, Parcel 4: Application for a Special Permit under WZB 6.1.1: Construct 10’ by 12’ shed within setbacks (Cont’d from 10/11/07). The Board for this hearing consisted of Trevor Pontbriand, Manny Heyliger, Vern Jacob, Roger Putnam replacing Bruce Drucker and William Nicholson replacing Don Palladino. Pontbriand read the meeting minutes of 10/11/07. Mr. Blaustein stated they need to shed for bikes, wheelbarrows, and other yard equipment. He has pushed the shed location back an additional four feet. The shed would be constructed using materials to match the house. They removed a shed that was previously there due to termite damage. He presented a second option for an 8’ x 14’ shed which would be placed further back on the property. He stated all his abutters are supportive. Pontbriand questioned if the application should have been filed under section 6.1.5.1 (b), as section 6.1.1 does not appear applicable, to which the
Board agreed. Pontbriand further questioned if the benefits of 6.1.5.1 (b) extend to accessory structures. The Board was unsure, and agreed to refer the question to Town Counsel for clarification. Pontbriand stated Mr. Blaustein did not have to be at the continued hearing and the Board would either grant the Special Permit or withdraw it on his behalf, based on Town Counsel’s advice. Pontbriand moved to continue to December 13, 2007; seconded by Roger Putnam; passed 5-0.
7:22 pm 07-34 Pickard representing Ambrose, owner, 35 Nauset Rd., Map 28, Parcel 85: Request for a Special Permit under WZB 6.1.5 to construct second story. Manny Heyliger recused himself. The board for this hearing was Trevor Pontbriand, William Nicholson, Robert Hankey, Roger Putnam, and Vern Jacob. Alfred Pickard gave an overview, stating the house was built in 1950 on a small lot. The area behind the house has the septic system so expansion cannot happen there. The expansion will not go over the porch, so the addition will be approximately 800 sq. ft. A letter from Michael Fitzgerald, abutter, supported the project. This will not be a teardown and will stay within the footprint. The exterior wall structure is cinder blocks and will be covered
with shingles. There was discussion regarding the location of the dwelling, the amount of the dwelling within the setback, and the volumetric increase within the setback. There is a filing with the Conservation Commission because of the wetlands. Pontbriand moved for Findings of Fact:
1. The lot is pre-existing non-conforming, due to area and frontage.
2. The structure is pre-existing, having been built in 1950.
3. The existing structure is non-conforming due to intrusions into the front and north side setbacks.
4. There were no objections from abutters.
5. There will be no change to or increase in the footprint.
6. The existing structure is located 3 feet from the north property line and 8 feet from the east property line.
7. There will be significant volumetric increase within the setbacks.
8. There is no increase in use.
Pontbriand moved the Findings of Fact; seconded by Roger Putnam; passed 5-0. Putnam moved to grant a Special Permit, based on the Findings of Fact; seconded by Robert Hankey; passed 4-1.
7:47 pm 07-33 Pickard, 5 Freeman Ave., Map 14, Parcel 90.1: Request for a Special Permit under WZB 6.21 for Affordable Accessory dwelling Unit. The Board for this hearing was Trevor Pontbriand, William Nicholson, Manny Heyliger, William Nicholson, Roger Putnam, and Vern Jacob. Pickard gave an overview of the access routes to the property and described the proposed accessory unit in the basement. The septic is new. Abutter Carnduff expressed concern with safety on Freeman Avenue due to the steep driveway, commented on a fence that has not been replaced or repaired and the deterioration to the roads, which he feels the Pickard’s should be responsible for. He questioned if it is appropriate to use a paper road for a driveway, which he states was done. Pickard
stated the main portion of the dwelling will be used as a rental. Pontbriand moved for Findings of Fact:
1. The affordable accessory dwelling unit will be located within the walkout basement of the referenced property.
2. The affordable accessory dwelling unit is approximately 900 sq. ft.
3. The existing property and structure are conforming.
Roger Putnam moved the Findings of Fact; seconded Trevor Pontbriand; passed 5-0.
Pontbriand moved to approve the Special Permit with the following conditions:
1. Owners of residential property may occupy as a primary residence either the principal or accessory dwelling.
2. Septic systems are required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
3. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with the public safety and public health codes.
4. 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.
5. 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.
6. 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.
7. 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 amendments to the HUD Fair Market Rental Guidelines.
8. 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
9. 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 Roger Putnam; passed 5-0.
8:11 pm 07-35 Arthur F. Pierce and Jeanne W. Pierce as Trustees of the Pierce Family Realty Trust, u/d/t dated December 13, 2004, Document Number 991884: 925 Chequesset Neck Rd., Map 19, Parcel 100, Lot 31, Land Court Plan 10669, Sheet 2: Application for a Special Permit under WZB 6.1.5; Expand second floor habitable space.
The Board for this hearing consisted of Trevor Pontbriand, Robert Hankey, William Nicholson, Manny Heyliger, and Vern Jacob. Attorney Joseph Mullin represented the applicant and gave an overview of the project. The property is preexisting, nonconforming. The expansion has received approval from the Board of Health and the Conservation Commission. The volumetric increase is 337 sq. ft. and is not visible to the neighbors. Nothing is going higher than the existing elevation. The existing footprint remains the same. Trevor Pontbriand moved for Findings of Fact:
1. There will be no change or increase in use.
2. The existing lot is non-conforming due to area.
3. The existing structure is non-conforming due to intrusions into the front and south side setbacks.
4. There will be no change to or increase in the footprint.
5. There will be a volumetric increase within the setbacks.
6. There were no objections from abutters.
Pontbriand moved the Findings of Fact as written; seconded by Nicholson; passed 5-0. Robert Hankey moved to grant the Special Permit based on the Findings of Fact; seconded by Pontbriand; passed 5-0.
8:22 pm 07-36 Mason and Elwell, 75 Cassick Valley Rd., #1, Map 30, Parcel 25: Application for a Special Permit under WZB 6.1.1 to enlarge front step and add overhead roof. The Board for this hearing consisted of Trevor Pontbriand, William Nicholson, Manny Heyliger, Roger Putnam and Vern Jacob. Mason gave an overview of the project and stated there was an error on the drawing identifying the roof size, which should be 4’ by 11’ and asked the board to revise the plan submitted. Pontbriand moved for
Findings of Fact:
1. The property is a pre-existing, non-conforming cottage colony under a condominium form of ownership.
2. The application is in reference to unit #1.
3. There will be a minor extension of the intrusion into the north rear setback.
4. There will be no increase in dwelling space or habitable volume.
5. There was no objection from abutters.
6. There is no change or increase in use.
Roger Putnam moved the Findings of Fact as presented; seconded by William Nicholson; passed 5-0. Pontbriand moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
Trevor Pontbriand moved to adjourn the meeting at 8:31 pm; seconded by Roger Putnam, passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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