Minutes of Zoning Board of Appeals Public Meeting
Date: July 22, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, William Nicholson, Robert Hankey, Manny Heyliger, Roger Putnam and Christine Bates, Committee Secretary
Regrets: Sibel Asantugrul, Tom Reinhart, Don Palladino and Bruce Drucker
.
Chair Vernon opened the meeting at 7:00 pm. He stated the meeting was being taped and the Board would convene in Executive Session regarding litigation after the public hearings.
7:02 pm
10-16 Lee, 95 Rockwell Ave., Map 24, Parcel 159: Application for a Special Permit under WZB 8.4.2 pursuant to WZB 6.1.5.1 and 6.24.2 with the addition of dormers and a roof deck (Cont’d from 07/8/10). The Board consisted of Vern Jacob, Manny Heyliger, William Nicholson, Robert Hankey with Roger Putnam replacing Sibel Asantugrul. Roger Putnam made a statement that he attended the last meeting and made a site visit. Attorney Ben Zehnder represented the applicant. Architect Peter Coneen gave an overview of the changes to the plan which included lowering the roofline 1 ½ foot a reconfiguration of the deck and stairs and a slight change to the windows on the dormer. A letter was read into the record from the National Seashore dated 7/22/10, stating they disagreed with
the computations but still had no objection to the project. Attorney Zehnder stated they were not going to change the calculations because it doesn’t have any bearing on the project and the dwelling has always had a loft area. Zehnder stated the National Seashore keeps their own records and the numbers provided are what the Lee’s feel are correct. Zehnder stated Attorney Bliss and his client have no further objections to the project. There was discussion regarding Wellfleet Bylaw 8.4.2.3 and what action, if any, the Board should take regarding views of abutters. Attorney Zehnder stated it is up to the applicant to prove view considerations. The Board agreed each case will be looked at independently. Roger Putnam moved for Findings of Fact
1. The lot located in the National Seashore.
2. The dwelling was constructed in 1939 and is pre-existing, nonconforming; nonconforming lot size, with intrusion in the front and side setbacks.
3. The National Seashore does not object to the project.
4. The computations for the structure were provided.
5. One abutter originally objected but no longer objects due to the revisions.
6. The project has been altered to lower the roofline for consideration of the abutter’s view.
7. The applicant has demonstrated compliance with Wellfleet ZBL 6.24.3 and 8.4.2.
8. The National Seashore disputes the calculations provided.
9. There will be no change in use.
10. There will be no increase in use.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Roger Putnam moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.
Roger Putnam moved to grant the National Seashore Park Special Permit; seconded by Manny Heyliger; passed 5-0.
7:30 pm
10-21 Hollis, 20 Weatherly Ave., Map 20, Parcel 19.1: Application for Affordable Accessory Dwelling Unit. The board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey and Roger Putnam. Mr. and Mrs. Hollis gave an overview of the affordable accessory dwelling unit, stating they had received approval from the town that the resident complies with the financial regulations. Mr. Hollis provided a site plan which identified their property from the trailer park as a single parcel (b). Roger Putnam moved for Findings of Fact:
1. The project is located in Residential 1 and eligible for affordable housing.
2. The house was constructed in 1985 according to the Assessors office.
3. This is a conforming parcel.
4. There are no objections from abutters and no objection from the Board of Health.
5. The dwelling is approved for five bedrooms according to the Board of Health.
6. The applicant plans to convert the second floor to affordable housing which includes external entrances and exits.
7. There is no increase in the volume of the structure.
Roger Putnam moved the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Roger Putnam moved to grant the Special Permit; seconded by Hankey; passed 5-0 with the following conditions:
1. The Special Permit conditions that follow requires 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.
Business:
Chair Jacob announced the Zoning Board was going into Executive Session for the purpose of discussing litigation. Roger Putnam moved to go into Executive Session at 7:40 pm; seconded by Manny Heyliger.
POLL: Vern Jacob, yes; William Nicholson, yes; Robert Hankey, yes; Manny Heyliger, yes; and Roger Putnam, yes.
Chair Jacob stated the Public Hearings would not reconvene after the Executive Session. Roger Putnam moved to adjourn the public hearing at 7:44 pm; seconded by Robert Hankey, passed
5-0.
POLL: Vern Jacob, yes; William Nicholson, yes; Robert Hankey, yes; Manny Heyliger, yes; and Roger Putnam, yes.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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