Meeting Minutes 12/11/08
Date: December 11, 2008
Time: 7:00 PM
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, Roger Putnam, William Nicholson, Don Palladino, Manny Heyliger, Tom Reinhart, and Christine Bates, Committee Secretary.
Vern Jacob opened the meeting at 6:32 pm.
Public Hearings:
6:30 pm: Discussion with Rex Peterson: Affordable Accessory Dwelling Units. Rex Peterson handed out a current listing of AADU dwellings in Wellfleet. He stated there are two units that he is verifying paperwork and income on and is working with Paul Murphy, Building Inspector. He gave an overview of those units that have either withdrawn or expired. Peterson provided a new listing of rent fees and examples of how to determine if a tenant is eligible for the program. Once Peterson verifies all the paperwork, a new lease is provided to the tenant and Nancy Vail provides a tax exemption form to the owners. There was one dwelling where the owner passed away, and the new owners wanted to keep involved with AADU. He stated there is not a deed restriction placed
on the property; however, the conditions placed on the Special Permit allow the town to use enforcement. He stated the ZBA has been very supportive of the program, as well as the Building Inspector with enforcement. There is no waiting list of eligible tenants in town but there is a need for more affordable housing. He stated there cannot be two units on the same lot if there is no affordable housing. Peterson did not know if the kitchens had to be dismantled if the owners decided to not be in the program. Discussion took place regarding tenants renting the units at full price during the high season, if new leases were not given to tenants or if the tenants did not supply the proper paperwork for verification. Peterson stated he would be aware of these violations and would contact Paul Murphy for enforcement. Peterson was requested by the Board to review two individual properties and get back to the Committee Secretary with the information.
Public Hearings 7:00 pm:
Vern Jacob announced Bruce Drucker will chair the first meeting in January and William Nicholson will chair the second meeting. He announced that there is a new form available for applications which will be distributed to people in the near future. Robert Hankey stated he did not want to sit on any of the public hearings due to medical issues; however, he would make comments.
7:03 pm
06-41 Moran, 1937 St. Hwy, Rte 6, Map 29, Parcel 269K: Request for a two year extension on previously approved Special Permit to expand cottage. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger, and Tom Reinhart. The Moran’s did not appear at the hearing, but sent a letter requesting the two year extension. Tom Reinhart moved to grant the two-year extension; seconded by Bruce Drucker, passed 5-0.
7:08 pm
08-41 Morrison, 189 Bound Brook Island Rd., Map 12, Parcel unnumbered: Request for a Special Permit under WZB 5.3.1 for a private stable. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Don Palladino. Morrison stated he will be living at Bound Brook Island Rd and the only abutters are the National Seashore. He will be building a 10 x 12 stable within the setbacks required and add fencing. The request is for one horse which his wife has owned for 19 years. He stated the Park conducted their own compliance checklist on the land which included plants, a management plan, septic, etc. Vern Jacob read the letter from the National Seashore dated 11/14, 2008 stating there was no objection. Jacob read the meeting
minutes of 11/20/08 granting approval from the Board of Health. Vern Jacob moved for Findings of Fact:
1. This is an application for a private stable to keep one horse under WZB 5.3.1.
2. The property is within the National Seashore Park District.
3. The property is owned by the National Park Service.
4. The application has been approved by the National Park Service pursuant to letter of 11/14/08.
5. The stable has been approved by the Board of Health.
6. The maintenance of the stable is the responsibility of the applicant which is on National Seashore property.
Manny Heyliger moved to approve the Findings of Fact; seconded by Don Palladino; passed 5-0. Based upon the Findings of Fact, Bruce Drucker moved to grant the Special Permit to keep one horse on the premises; seconded by William Nicholson; passed 5-0.
08-33 Pelletier, 200 Lecount Hollow Rd., Map 30, Parcel 603: Application for Special Permit under WZB 6.21 to use the existing cottage as an Affordable Accessory Dwelling Unit after completing a new residential structure on the property (Cont’d from 11/13/08). The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heyliger. The applicant requested a continuation in an e-mail to Christine Bates. Attorney Ben Zehnder signed the consent form for the additional time required. Bruce Drucker moved to continue to 2/12/09, seconded by Vern Jacob; passed 5-0.
7:23 pm
08-39 Lamb, 82 Ione Rd., Map 28, Parcel 67: Application for a Special Permit under WZB 8.4.2; Section 5.1.5.1 and M.G.L. c. 40A, S6 and WZB 8.22 and M.G.L.c. 40 A S7 to alter a pre-existing nonconforming structure that is over 10 years old by adding a second floor and a 6’ x 9’ addition in place of a portion of an existing deck onto their residence (Cont’d to 11/13/08). Manny Heyliger recused himself. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Tom Reinhart and Don Palladino. Jacob read the meeting minutes of 11/13/08 into the record. Attorney Zehnder stated the Health Agent provided a letter stating the property can have three bedrooms. The revised plans included the removal of the 6’ x 9’ bump out, a
reduction in the window area, and a reduction to the height of the building to 24’ 11”. By reducing the height, it brings the height below the plain from the abutters. Kathy Lamb presented several pictures for the Board to review of the neighborhood from different angles. Letters of support from Lori Kondratowicz and Julie Jaynes, Barbara Banuk, and Richard and Gail Lyford were read into the record. A letter from Mr. Gazolla, a neighbor was read into the record where expressed his concerns with expanding dwellings which also included the Schiffrin property. Three members of the Board stated the applicant reduced the massing and one member felt it would be detrimental to the neighborhood due to the second story and the volumetric increase. Vern Jacob moved for Findings of Fact:
1. The house was constructed in 1983.
2. The house is nonconforming due to the intrusion in the front and side setbacks.
3. The lot is nonconforming because it is undersized and has inadequate frontage.
4. The structure is lawfully preexisting nonconforming since it is over 10 years old and is provided protection under the WZB Section 8.2.2.
5. There will be no increase in lot coverage.
6. There is no additional intrusion into the setbacks as the construction only involves a volumetric increase.
7. The proposed project is not more detrimental to the neighborhood then the existing nonconformity.
8. There will be no change in use.
9. The majority of the abutters approved the project.
10. The applicant has indicated the dwelling is for family use.
Vern Jacob moved the Findings of Fact; seconded by Bruce Drucker; passed 4-1. Based upon the Findings of Fact, Bruce Drucker moved to grant the Special Permit; seconded by Don Palladino; passed 4-1.
7:48 pm
08-36 Schiffrin, 174 Samoset Ave., Map 28, Parcel 89: Application for a Special Permit under WZB 6.1.5 to demolish two existing dwellings and rebuild a two family dwelling (Cont’d from11/13/08). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Roger Putnam. Duane Landreth represented the applicants and introduced the project manager and architect from Phi Home Design. He gave an overview of the project regarding the nonconformities to the lot. He stated they bought the property in 2006 and have received approval from the Conservation Commission. The lot is 15,322 square feet which was
created in 1972 as a subdivision and is also a preexisting nonconforming use because there are two dwellings on the property. The total building coverage as it exists is 13.47%. The proposed buildings will be 21% site coverage . He gave a comparison of the lots in the neighborhood. The representatives from Phi Home Design gave a history of the property and how the Schiffrin’s have been coming to this location for several years. There was discussion regarding the volumetric increase, the height of the proposed buildings, the views, and how the Schiffrin’s are trying to maintain the views for their abutters.
Jacob read an e-mail from Lezli Rowell on behalf of the Board of Health stating the property is in notcompliance regarding their septic upgrade, and a letter from William and Rasalie Ruocco objecting to the project, as well as recognizing the letter from Bill Gazzola. Jeanne Maclaughlin, from the audience, stated the house to the right is on a higher elevation so naturally it would be of a higher elevation. Members of the Board expressed their concern over the height, the size of the two dwellings, concern with the ACEC, the increase in use and the change to the neighborhood. They suggested a single dwelling structure be built within the setbacks. Attorney Landreth requested a continuation to discuss the case with the Schiffren’s. Vern Jacob
moved to continue to 2/26/09; seconded by Bruce Drucker, passed 5-0.
Roger Putnam moved to approve the 11/12/08 meeting meetings; seconded Don Palladino; passed 5-0.;
Roger Putnam moved to approve the amended 11/13/08 meeting minutes; seconded by Don Palladino, passed 5-0.
Vern Jacob Moved to adjourn at 9:00 pm; seconded by Bruce Drucker; passed 8-0.
Respectfully submitted,
Christine A. Bates
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