Minutes of Zoning Board of Appeals Public Meeting
Date: February 3, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Robert Hankey, Manny Heyliger, Mick Lynch , William Nicholson, Roger Putnam, Tom Reinhart, Sibel Asantrugul, and Christine Bates, Committee Secretary.
Regrets: Bruce Drucker
Chair Jacob opened the meeting at 7:00 p.m. and stated that the meeting was being recorded.
Public Hearings:
7:02 pm
10-34 Shantz, 100 Old Chequessett Neck Rd., Map 14, Parcel 49: Application for an Affordable Accessory Dwelling under WZB 6.21 (Cont’d from 01/06/11). Vern Jacob stated he had read the meeting minutes from the past two hearings and made a site visit. He also stated he has employed Mr. Brundage to do work on his property. The Board consisted of Vern Jacob, replacing Bruce Drucker, Robert Hankey, William Nicholson, Roger Putnam and Tom Reinhart. Chair Jacob read the December 2, 2010 and January 6, 2011 meeting minutes into the record. Attorney Zehnder gave an overview of the proposed dwelling, the changes the applicant had made at the request of the Board, and the reasons the applicant would like to keep the same design and size. Melisa
Shantz gave an overview of the process she has gone through, including her discussions with then Building Inspector Paul Murphy who recommended a one story design. She stated her reasons for wanting an affordable accessory dwelling unit.
Chair Jacob read an e-mail from the Jenkins stating their support, as well as Susan Massina also giving her support. Chair Jacob requested people in the audience to make very brief statements, either in support or in objection. 48 people expressed their support for the project with 3 people still concerned regarding the size. (list of people in file)
Attorney Zehnder reiterated this application meets the bylaws and does not change the character of the neighborhood.
Chair Jacob closed the discussion with the audience and applicant for the Board’s comments. Members were still concerned with the size of the proposed dwelling and publically stated they were in favor of Affordable Accessory Dwelling Units. One member of the Board stated he is 100% in favor of the project and felt the applicant met all the requirements. Another member stated his support. Lot coverage would be 8.6%.
Chair Jacob adjourned the meeting at 8:00 pm to allow the applicants and Attorney Zehnder have a conference. The meeting reconvened at 8:07 pm.
Roger Putnam moved for Findings of Fact; seconded by Robert Hankey, passed 5-0.
1. This is an application under WZB 6.21 for a Special Permit to construct a 1,152 square foot Affordable Accessory Dwelling Unit.
2. The Board made a site visit to the property.
3. The applicant has resited the proposed structure on the lost as requested by the Board and the applicant redesigned the structure as requested by the Board.
4. There presently exists on the property a prime dwelling and two accessory buildings.
5. The applicant removed two of the five bedrooms in the principal dwelling so that there will be three bedrooms in the principal dwelling and two bedrooms in the Affordable Accessory Dwelling Unit.
6. The project has been approved by the Board of Health with the condition that there be only a total of five bedrooms on the lot.
7. The lot coverage of the project is 8.6^ which includes the principal dwelling, two accessory buildings and the proposed Affordable Accessory dwelling Unit.
8. After considering the District Objectives for the zoning district as provided for in WZB 3.2 and the relevant criteria set forth in WZB 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Roger Putnam moved to approve the Findings of Fact; seconded by Robert Hankey; passed 4-1.
Roger Putnam moved to approve granting the Special Permit with conditions; seconded by Robert Hankey; passed 4-1.
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 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.
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.
Chair Jacob moved to adjourn the meeting at 8:15; seconded by Robert Hankey; passed 5-0.
Respectfully submitted,
Christine Bates, Committee Secretary
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