Minutes of Zoning Board of Appeals Public Meeting
Date: May 8, 2008
Time: 7:00 PM
Attendees: Trevor Pontbriand, Roger Putnam, Manny Heyliger, William Nicholson Robert Hankey, Don Palladino, Vern Jacob and Christine Bates, Committee Secretary
Regrets: Bruce Drucker
Chair Pontbriand called the meeting to order at 7:05 p.m. and gave an overview of the hearing process.
Public Hearings:
08-15 Philip and Ann Morton, 25 Vanessa’s Way, Map 29, Parcel 243: Application for an Affordable Accessory Dwelling Unit. The Board consisted of Trevor Pontbriand, William Nicholson, Robert Hankey, Vern Jacob and Manny Heyliger. Philip Morton gave an overview of the project explaining the accessory dwelling unit will be above the garage. He stated he has approval from the Board of Health and the Conservation Commission. He removed a bedroom from the main dwelling and will create a bedroom in the accessory dwelling unit in order to meet Board of Health requirements. His brother and abutter, Bruce Morton, stated he felt the project was a good idea. Trevor read a letter from abutters, Gene and Barbara Cormier dated May 8, 2008 approving the plan. The height of the
roof will be 21 feet high. Trevor Pontbriand moved for Findings of Fact:
1. The existing property is nonconforming due to area.
2. The existing structure is nonconforming due to intrusions into the setbacks.
3. The affordable access dwelling unit will be constructed as a second story addition over and within the footprint of the existing garage.
4. The proposed affordable accessory dwelling will be 480 square feet.
5. There will be no increase or change in the nonconforming nature of the property.
6. The applicant has the approval of the Board of Health and Conservation Commission.
Trevor Pontbriand moved to the Findings of Fact as written; seconded by William Nicholson; passed 5-0.
Trevor Pontbriand moved to approve the 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 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.
Seconded by Robert Hankey; passed 5-0.
Other Business
Coastal Engineering did not attend the meeting as requested to explain Chapter 91 Waterwaysw License as it applies to the Zoning Bylaws so the requested paperwork was not signed. They will be invited to attend the May 22, 2008 meeting.
The Board discussed the selection of an independent counsel for the ZBA. A list was given to Dale Donovan and Robert Hankey will go to the Board of Selectmen’s meeting on 05/13/08 representing the ZBA. All pertinent information, paperwork, copy of bylaws, etc. will be given to the lawyer as quickly as possible. The Board determined they would like a meeting with the lawyer prior to the hiring.
Robert Hankey requested the Board review an e-mail from Peter Hall regarding the 1440 Chequessett Neck Rd property regarding the previous Special Permit.
Roger Putnam moved to adjourn at 7:45 pm; seconded by Don Palladino; passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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