Minutes of Zoning Board of Appeals Public Meeting
Date: April 8, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, William Nicholson, Sibel Asantugrul, Manny Heyliger, Tom Reinhart, Don Palladino, Roger Putnam and Christine Bates, Committee Secretary
.
Regrets: Robert Hankey
Chair Jacob opened the public hearings at 7:04 pm. .
Public Hearings:
7:02 pm
10-10 Willis, 90 Howes Rd., Map 29, Parcel 270, Application for an Affordable Accessory Dwelling Unit (Cont’d from 03/11/10). The Board consisted of Vern Jacob, Bruce Drucker, Sibel Asantugrul, William Nicholson and Tom Reinhart. A letter from Health Agent Hillary Greenberg-Lemos was read into the record stating the water quality, septic system for four bedrooms and manure management plan are in compliance with the Board of Health. Vern Jacob moved for Findings of Fact:
1. This is an application for affordable accessory dwelling unit pursuant to Wellfleet Zoning Bylaw section 6.21.
2. The affordable dwelling unit will be located in the basement level of the dwelling.
3. The affordable dwelling unit is 696 square feet of livable floor area.
4. The dwelling unit in the basement is currently being used as an apartment.
5. There will be no increase in use from the present use.
6. There was objection from one abutter.
7. 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.
William Nicholson moved the Findings of Fact; seconded by Bruce Drucker; passed 5-0. The Special Permit conditions that follow shall be deemed an affordable unit based upon the findings of fact and subject to 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. The for 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 the rent to be 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.
Bruce Drucker moved to approve the Affordable Accessory Dwelling Unit; seconded by William Nicholson; passed 5-0.
7:15 pm
10-14 Bressler, 60I Designers Road, Map 23.1, Parcel 7-1-K: Application for a Special Permit under WZB 5.4.11 and 6.1 to enlarge existing cottage and add screened-in porch. Manny Heyliger recused himself. The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Sibel Asantugrul and Don Palladino. Olga Kahn represented the applicant and gave an overview of the project, stating this is the last cottage to be renovated. All members of the condo association approved the project and two requested completion of the outdoor construction be completed by mid June. There was discussion regarding the setbacks. The Board generally
felt the addition is in keeping with the neighborhood. The ZBA does not have any authority to mandate when the construction takes place. Vern Jacob moved for Findings of Fact:
1. The dwelling is part of a cottage colony and is a lawfully pre-existing, nonconforming structure having been built in 1950 according to the Assessor’s Office.
2. The proposed expansion is in the rear of the structure and will not be generally visible from the street.
3. There will be no change in use.
4. There will be no increase in use.
5. There are no objections from abutters and several have written and spoken in favor of the project.
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.
7. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
William Nicholson moved the Findings of Fact; seconded by Don Palladino; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Don Palladino; passed 5-0.
7:32 pm
10-09 Perot, 36 Indian Neck Rd., Map 28, Parcel 45: Application for a Special Permit under WZB 5.1.5: Demolish and Reconstruct dwelling (Cont’d from 03/25/10) The Board consisted of Bruce Drucker, William Nicholson, Roger Putnam, Tom Reinhart and Don Palladino, who will replace Robert Hankey.. Palladino stated he made a site visit and read the meeting minutes. Sibel Asantugrul recused herself. Attorney Ben Zehnder represented the applicant, stating the Conservation Commission approved the project unanimously at their April 7, 2010 meeting. A revised project description and new site plan was submitted,
identifying a 20’ long fence be built for screening the water tanks. The Conservation Commission approved the fence but recommended natural plantings. Zehnder pointed out that the proposed design will be well screened by the vegetation on the property, and will not block neighbor’s views. He stated the visual aspect will be smaller than the two abutting neighbors. The February 18, 2010 letter from abutter Juster was reread into the record at the request of Tom Reinhart. The Board discussed volumetric increase, vegetation disturbance, comparison of size of dwellings in the neighborhood, privacy issues of the neighbor, what is considered substantially more detrimental to the neighborhood, and increase of intrusion into the setbacks. Attorney Zehnder provided photographs of abutter’s property from the water view identifying many as two stories. After further discussion, the majority of the Board stated they would like to see
plans for a one story dwelling. Attorney Zehnder requested a continuation. Bruce Drucker moved to continue to May 13, 2010; seconded by Roger Putnam; passed 5-0.
Other Business
Roger Putnam stated that he was asked by a member of the Planning Board to vote a certain way on a hearing.
Due to the potential traffic impact in the high season at Rispoli Ventures, LLC, located at 15 Lecount Hollow, Chair Jacob asked Attorney Zehnder if he thought the ZBA could have a discussion about extending the timeframe for Condition #1 of Special Permit 09-07 which states “The ZBA reserves the right to request a traffic impact study prior to April 2010 and if necessary, impose additional conditions”. Since the restaurant/bakery was not open in the summer of 2009 and the current volume of business at the bakery is substantial, the public has expressed concerns with traffic and pedestrian safety. Attorney Zehnder recommended the Board take a vote to have the applicants come back before the Board. Bruce Drucker moved to reopen case 09-07 pursuant to the February 24, 2009 decision, and
request Rispoli Ventures LLC conduct a traffic impact study and request they or their attorney come before the Board on May 13, 2010; seconded Vern Jacob; passed 8-0.
The Board also asked Building Inspector Paul Murphy if there were enforcement issues with Andrew Parent, Case 09-18 regarding the landscaping plan as well as the number of sheds allowed on the property. Paul Murphy stated Parent started landscaping last year and has planted the proposed trees for the plan. Parent has not planted the proposed grass above the rock wall, but will do so once the weather is conducive. There has not been any permission to erect an additional shed to use as a demonstration shed
Roger Putnam motioned to adjourn at 8:45 pm; seconded by Bruce Drucker; passed 8-0.
Respectfully submitted,
Christine A. Bates, Committee Secretary
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