Minutes of Zoning Board of Appeals Public Meeting
Date: June 25, 2009
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Bruce Drucker, William Nicholson, Robert Hankey, Manny Heylinger, Roger Putnam, Donald Palladino and Mary Rogers, Committee Secretary.
Regrets: Tom Reinhart, Sibel Asantrugul
Chair Jacob opened the meeting at 7:00 p.m.
Roger Putnam nominated Vern Jacob as Chair, Bruce Drucker as Vice- chair, and Robert Hankey as clerk; seconded by Drucker; passed 7-0.
Putnam moved to approve the minutes of May 14, 2009, May 28, 2009 and June 11, 2009; seconded by Hankey; passed 7-0.
Vern Jacob announced a change in ZBA procedure: after material has been submitted to the secretary, the Board will look at it for completeness before presenting it to the Town Clerk. Don Palladino will work on the process with the secretary to improve the forms. Ben Zehnder discussed use of a checklist cover sheet and the possibility of the Building Inspector’s involvement in the review-for-completeness process. Zehnder also suggested getting the new requirements on the Town website.
Public Hearings:
7:02 p.m.
09-19 Matt Long, 25 Western Ave., Map 36, Parcel 152: Application for an Affordable Accessory Dwelling Unit under WZB 6.21, construct two car garage with affordable accessory housing unit on second floor.
Mr. Long came forward to present his plan. Putnam asked about the setbacks for the structure. This led to a discussion of designated front of property. The Board consisted of: Robert Hankey, Bruce Drucker, Manny Heylinger, Vern Jacob and Roger Putnam. Chair Vern Jacob moved for Findings of Fact:
This is an application for an Affordable Accessory Dwelling Unit under Wellfleet Zoning Bylaw 6.21.
1. The existing dwelling on the property is nonconforming to inadequate lot size
2. The Affordable Accessory Dwelling Unit will be constructed as a second story over a garage to be constructed by the applicant.
3. The proposed affordable accessory dwelling will be approximately 480 square feet of livable floor area.
4. There will be no increase or change in the nonconforming nature of the property.
5. There are no objections from abutters.
Heylinger moved the Finding of Fact; seconded by Putnam passed 5-0. Drucker moved to approve Application for the Affordable Accessory Dwelling Unit based on the Findings of Fact; seconded by 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 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.
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 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 than 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.
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 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.
4. 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.
5. The septic system is required to meet current Title 5 standards and shall be reviewed and approved by the Health Agent.
6. The Inspector of Buildings and Health Agent shall inspect the premises for compliance with public safety and public health codes.
7. The property owner named herein shall obtain a Certificate of Occupancy from the Building Inspector prior to the affordable accessory dwelling unit being occupied.
8. The affordable accessory dwelling unit shall not be separated by ownership from the principal dwelling unit or principal structure.
9. 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.
7:30 p.m.
09-18 Parent, 1446 State Highway, Map 30, Parcel 6, Application for a Special Permit pursuant to G.L.c.40A and WZB 5.2, 5.3.2, 5.4.2, 5.4.13 and 8.4.2 for use of one 12’ x 16’ accessory building for bicycle rentals and sales and a second 12’ x 16’ accessory building for rental and sales of kayaks and surf boards (Cont. from 5/28/09). The Board consisted of Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson and Manny Heylinger. Hankey recused himself and was replaced by Don Palladino
Ben Zehnder and Andrew Parent came forward to explain the plans for parking spaces, plantings, retaining wall, foot & bicycle path to LeCount Hollow Rd. and proposed sheds for bicycle and kayak & surfboard sales and rental. Roger Putnam asked about surface hardening of the area behind the buildings. Vern Jacob read a letter of support for the applicant from William W. Millett. Don Palladino asked if the revised plans dated 6/24/09 are the final plans. Heylinger commended Parent on the improvements in this plan. Nicholson said he was satisfied with the proposed plan. Drucker also expressed a favorable opinion of the work. Jacob asked about total common parking spaces and the number of bicycles for rent. Lissa Ayala from the Eastham bike shop, Little Capistrano,
explained typical parking patterns at her business location. Further discussion of adequate parking spaces followed. Palladino moved for Findings of Fact:
1. This is an application for the use of two sheds on the property, one shed to be used for bicycle rentals and sales and the other shed to be used for the rental and sales of kayaks and surfboards.
2. The proposed uses are permitted under Wellfleet Zoning By-Law 5.3.2 as a retail trade.
3. The proposed uses will provide products and services for Wellfleet’s tourists and will provide seasonal employment opportunities.
4. The applicant has submitted a landscaping plan revised 6/24/09.
5. The applicant has hardened the surface area behind the existing structures.
6. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Palladino moved the Finding of Fact; seconded by Heylinger; passed 5-0. Drucker moved to approve the Special Permit based on the Findings of Fact subject to the condition that the applicant will landscape the parking and related areas as shown on the landscaping plan revised 6/24/09; seconded by Heylinger; passed 5-0.
Drucker moved to adjourn at 8:04 p.m.; seconded by Putnam; passed 7-0.
Respectfully submitted,
Mary Rogers, Committee Secretary
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