Minutes of Zoning Board of Appeals Public Meeting
Date: April 23, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker, William Nicholson, Robert Hankey, Manny Heyliger, Roger Putnam, Tom Reinhart, Sibel Asantugrul, Don Palladino and Christine Bates, Committee Secretary.
Regrets: Vernon Jacob
Vice Chair Drucker opened the meeting at 7:00 pm and gave an overview of the procedures of the public hearings.
Bruce Drucker moved to approve the April 9, 2009 as amended; seconded by Roger Putnam; passed 5-0.
Stan Humphries, Sr. Coastal Geologist from LEC, represented the Woods property located at 150 3rd Street. He explained that the ZBA would have to make a determination that this project did not violate the Wellfleet Zoning Bylaws. He stated there would be renourishment of sand to the beach and a drift sand fence which would also encroach on MA Audubon property. Roger Putnam moved that there is no violation to the Wellfleet Zoning Bylaws; seconded by Bruce Drucker; passed 8-0.
Public Hearings:
7:11 pm
09-01 McNulty, 31 East Commercial St., Map 15, Parcel 112: Application for a Special Permit to extend the living room nine (9) feet and construct an enclosed porch off extended living room and over existing deck. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Robert Hankey and Roger Putnam. Judy McNulty gave an overview of the project, explaining that the traffic flow within the dwelling was limited and awkward and that she would like additional space. A letter from the Argon’s, abutters, was read into the record stating they had no objection to the project. Ms. McNulty stated the porch will not be heated and
requested moving the bulkhead to another location as recommended by her builder. Bruce Drucker moved for Findings of Fact:
1. The dwelling is lawfully pre-existing nonconforming having been built in 1865 according to the Assessors records.
2. The house is nonconforming due to the intrusion on the front and back west side setbacks.
3. There will be no change in use
4. There was no objection from abutters and one abutter has written in support of the project.
5. There will be an approximate three foot intrusion of the proposed construction into the front setback. The remainder of the addition is not within the setbacks.
6. The intrusion into the setback is relatively inconsequential since it is behind the rest of the dwelling which is entirely in the front setback.
7. The proposed addition will not be substantially more detrimental to the neighborhood than the existing nonconformity.
Roger Putnam moved to approve the Findings of Fact as presented; seconded by Robert Hankey; passed 5-0. Roger Putnam moved to approve the Special Permit based on the Findings of Fact; seconded by Robert Hankey; passed 5-0.
7:25 pm
09-15 Pecoraro, Eric’s Way, Map 8, Parcel 71: Application for a Special Permit under WZB 6.21 for an Affordable Accessory Dwelling Unit. The Board consisted of Bruce Drucker, Manny Heyliger, William Nicholson, Robert Hankey and Don Palladino. Ms. Pecoraro gave an overview of the project stating it is already an existing apartment which she resides in. Anthony Pasquale, abutter, stated he supports the project. Ms. Pecoraro stated she has applied for a grant/loan to renovate the apartment and has applied for all the necessary applications for the Affordable Accessory Dwelling Unit. Bruce Drucker moved for Findings
of Fact:
1. This is an application for an Affordable Accessory Dwelling Unit.
2. The Affordable Accessory Dwelling Unit will be in the lower level and will not exceed 1200 square feet.
3. There is no objection from abutters and one abutter spoke in favor of the project.
4. The Affordable Accessory Dwelling Unit fulfills the need of the town for affordable housing.
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 thee 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 septic system is required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
10. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes.
11. ~The property owner named herein shall obtain a Certificate of Occupancy from the Building Inspector prior to the affordable accessory dwelling unit being occupied.
12. The affordable accessory dwelling unit shall not be separated by ownership from the principal dwelling unit or principal structure.
13. The 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.
Robert Hankey moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Robert Hankey moved to approve the Special Permit based on the Findings of Fact; seconded by William Nicholson; passed 5-0.
7:38 pm
05-19 WHAT, 2357 Route 6, Map 23, Parcel 212: Request for an Amendment to Special Permit 05-19 to include additional uses: Display of artwork loaned by local galleries, Artisan Fair scheduled for Saturday, May 23, 2009, and Children’s classes to be held in WHAT tent Mondays through Wednesdays from 10:00 am to 2:00 pm during summer months. The Board consisted of PersonNameBruce Drucker, Manny Heyliger, William Nicholson, Robert Hankey and Sibel Asantugrul. Jim Daglish, Managing Director of WHAT, gave an overview of the projects, stating the Artisan Fair would be held after Post Office hours on a Saturday, WHAT lobby would be a good place
for galleries to display their pieces and WHAT would not be involved with any sales, and as a non-profit, WHAT would like to offer classes for ten to fifteen children during the summer months. There was discussion regarding parking for the children’s classes and Daglish stated there will be an intern available to guide those dropping the children off. The Board agreed WHAT should make some form of money from these ventures. Bruce Drucker moved for Findings of Fact:
1. There was no objection from abutters.
2. There will be a modest increase in use.
3. The modest increase in use is acceptable and within the conditions contained within the original Special Permit;
4. Special Permit 05-19 is amended as follows:
a) The applicant may display artwork loaned by local galleries in order to promote the galleries but there will be no sales of any such artwork at the theater or on the theater property.
b) An Artisan Fair can be held in the tent as a one-time annual event on a Saturday between the hours of 12 and 6 pm.
c) The applicant is permitted to conduct classes for up to 15 children including clowns, acting and magical instructions to be held in the tent from 10:00 am to 2:00 pm during June, July and August on Mondays, Tuesdays and Wednesdays.
William Nicholson moved the Findings of Fact; seconded by Robert Hankey; passed 5-0. PersonNameBruce Drucker moved to grant the amendment to Special Permit 05-19 based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Robert Hankey moved to adjourn at 8:04 pm; seconded by William Nicholson; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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