Minutes of Zoning Board of Appeals Public Meeting
Date: October 21, 2010
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Chair Vern Jacob, Bruce Drucker, Robert Hankey, William Nicholson, Manny Heyliger, Roger Putnam, Tom Reinhart, Don Palladino, Sibel Asantugrul and Christine Bates, Committee Secretary
Chair Vernon Jacob opened the meeting at 7:00 pm and stated the meeting was being recorded.
Public Hearings:
7:05 pm
09-07 Rispoli Ventures, LLC, 15 Lecount Hollow Rd., Map 30k, Parcel 22: Revisit traffic issues. Attorney Zehnder represented the applicant and stated he had requested coming before the board to discuss the traffic issues after the summer season. He stated the owners have been working with their clients, sales people, providers of products, etc. As suggested by the Police Chief, signage to the parking lots as well as pedestrian crossings
were put in place. The Board doesn’t feel there needs to be any further study. Chair Jacob thanked Selectman Jerry Houk for getting the town together in assisting. Attorney Zehnder stated the building is small and they are putting together plans to enclose the decking area and expand decking in back. This will require Conservation Commission and ZBA review. The ZBA thanked the owners for opening the restaurant/bakery in Wellfleet.
7:13 pm
10-21 Hollis, 20 Weatherly Ave., Map 20, Parcel 19.1: Amendment to previously approved Affordable Accessory Dwelling Unit to comply with setbacks and add windows with screens on deck. The Board consisted of Vern Jacob, William Nicholson, Manny Heyliger, Robert Hankey and Roger Putnam. Maria Hollis presented plans showing the reised lot coverage and relocation of the decking. She stated she was not aware she needed permission to add glass windows. Bruce Drucker 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
8) The lot coverage under the new plan is 6.56 versus 5.89 %.
9) The ZBA has incorporated the new plans and has accepted them.
Robert Hankey moved the Findings of Fact; seconded by Manny Heyliger; 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.
Roger Putnam moved to grant the amendment to the Special Permit; seconded by Manny Heyliger; passed 5-0.
7:02 pm
10-26 Rockman, Off Old Pier Rd., Map 22, Parcel 39: Application for a Special Permit under 6.1.5.1.b to add two bedrooms, replacing two existing decks and WZB 6.14.3 Floodplain Exemption. At the request of the applicant to continue, Bruce Drucker moved to continue to November 4, 2010; seconded by Roger Putnam; passed 5-0.
7:24 pm
10-30 Townsend, 350 State Hwy, Map 47, Parcel 107: Application for Affordable Accessory
Dwelling Unit under WZB 6.21. (Cont’d from 9/16/10). The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, William Nicholson and Roger Putnam. James Quirk, Attorney for Jerry Parent, seller of the property, stated his client has authorized him to represent him. A purchase and sales agreement was given to Ms. Bates for inclusion in the permanent file. Theresa Townsend stated that she currently has a primary residence with an affordable accessory dwelling which is listed to be sold and this new property will then become her primary residence. No building permit has been requested for the main residence at 350 State Highway. .
Attorneys Bruce Bierhans and Michael Marnik stated they represent the Great Fields Association. They provided the Board with several exhibits, including past meeting minutes of 1985 for the Wellfleet Planning Board and the ZBA, correspondence, and several references to the current by-laws. It was emphasized there was an intent to have a green buffer zone from Route 6 to the Great Fields development. Other concerns included the issue with ownership of the property and no one can have two primary residences. It was pointed out this is R2 and the plans do not include a 100 foot setback from Route 6. Since 1985, the town way has not changed and is not used; therefore, there is a question if this can be used as frontage. He referenced other cases in court regarding
abandoned roads. Bierhans stated the question was asked if the green space was addressed at the Planning Board meeting at which the ANR was signed in April 2010
Attorney Quirk stated the land court documents included the town way in the plans which would exclude it and the parcel in question from the development. He stated the Findings of Fact did not include the parcel or the town way in the development. He also stated this is a valid road because it has not been legally removed.
Paul O’Neil stated he that since there are two land certificate numbers on the lot, the parcel is not included in the development and he supports the project. Ron Caputo stated the parcel should abide to the covenants of the association because it states the developer has the right to expand; although the covenant states only one house per lot. Kevin Carroll stated this parcel is not part of the covenants. Michael Ford showed the preliminary plan and referenced Chief O’Hara stating there was to be a 200 foot green buffer. An e-mail from Jada Carol was read into the record objecting to the project. An email from Michael Ford was read into the record also objecting to the project. David Sands stated he is upset with having the green belt removed.
Attorney Quirk provided a copy of a land court document showing that the road was acknowledged in 1926. There were statements made by the audience questioning the Townsend commercial business which is at another location on Route 6. Abutter Felix stated it is a state requirement there be a buffer. Chair Jacob closed comments from the audience at 8:00 pm.
The Board discussed the need to have time to read the paperwork provided, the requirement for a building permit for the primary residence, the necessity of land court to determine the issues between parties, and ownership of the property. Building Inspector Paul Murphy stated the town has, in the past and current, allowed an applicant to chose the frontage if there are two roads. He read the bylaw definition of “street”.
Attorney Bierhans stated his research shows the plan has not been filed. Further discussion took place among the Board, questioning who had paid taxes on the parcel, the setback issues, the current bylaws and other legal problems not relative to the ZBA. Attorney Bierhans stated he feels this would be detrimental to the neighborhood. Attorney Quirk stated that if the ZBA refused to grant the Special Permit for an Affordable Housing Unit, Ms. Townsend could go ahead with building a dwelling on the property and the abutters would lose the green belt anyway.
Bruce Drucker stated any future paperwork would have to be submitted one week prior to the next hearing.
Attorney Quirk requested a continuation to November 18, 2010. Roger Putnam moved to continue to November 18, 2010; seconded by Bruce Drucker; passed 5-0.
7:03 pm
10-15 Needel, 1523 Baker Ave., Map 14, Parcel189: Application for Affordable Accessory Dwelling Unit (Cont’d from 05/13/10). A letter was read into the record from the applicant requesting the application be withdrawn without prejudice. Robert Hankey moved to approve the withdrawal; seconded by Roger Hankey; passed 7-0. Bruce Drucker had recused himself.
Other Business
Mick Lynch’s application for membership on the ZBA will be heard by the Selectmen at their next meeting.
Chair Jacob would like to send a letter to the Historical Review Board, copies to the Board of Selectmen and the Town Administrator, requesting them to send paperwork to Paul Murphy identifying historical buildings. Vern Jacob will work with Christine Bates to prepare the letter.
Tom Reinhart volunteered to represent the ZBA on the Housing Partnership committee. It was determined a member could participate on this committee because it is not a decision making board.
Roger Putnam moved to approve the amended August 26, 2010 meeting minutes; seconded by Bruce Drucker; passed 5-0.
Roger Putnam moved to approve the amended September 16, 2010 meeting minutes; seconded by Bruce Drucker, passed 5-0.
The Board will recognize Don Palladino and Mick Lynch at a diner on November 5, 2010.
Robert Hankey move to adjourn at 9:15; seconded by Bruce Drucker; passed 5-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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