Minutes of Zoning Board of Appeals Public Meeting
Date: July 21, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Bruce Drucker, Roger Putnam, William Nicholson, Mick Lynch, Manny Heyliger, and Christine Bates, Committee Secretary.
Regrets: Tom Reinhart and Robert Hankey
Chair Jacob opened the meeting at 7:00 p.m. and stated the meeting was being recorded.
Public Hearings:
7:00 pm
Public Hearings:
11-06 Keegan, 935 Chequessett Neck Road, Map 19, Parcel 99, Application to Amend Special Permit to add additional floor to previously approved first floor addition. (Cont’d from 06/16/11). The Board consisted of Bruce Drucker, Manny Heyliger, Roger Putnam, Mick Lynch and William Nicholson. The applicant requested to withdraw without prejudice. Bruce Drucker moved to allow the applicant to withdraw without prejudice; seconded by Roger Putnam; passed 5-0.
7:03 pm
11-17 Benevento, 124 State Highway Route 6, Map 47, Parcel 24: Application for a Special Permit under WZB 6.1.5.1 to alter pre-existing nonconforming single family residence and WZB 6.21 for an affordable accessory dwelling unit (Cont’d from 07/07/11). The Board consisted of Bruce Drucker, Manny Heyliger, William Nicholson, Roger Putnam, and Mick Lynch. Attorney Ben Zehnder requested a continuation to 08/18/11. Bruce Drucker moved to continue to 08/18/11; seconded by Manny Heyliger; passed 5-0.
7:04 pm
11-18 Lou Anne Johnson, 35 Tecumseh Road, Map 28, Parcel 167: Application for an Affordable Accessory Dwelling Unit under Wellfleet Zoning Bylaw 6 (Cont’d from 07/07/11). The Board consisted of Vern Jacob, Bruce Drucker, William Nicholson, Manny Heyliger and Roger Putnam. Ms. Johnson provided the requested information which included kitchen plans and habitable square footage of the affordable unit. Chair Jacob read a letter from Building Inspector Sibel Asantugrul stating the habitable square footage of the dwelling is 1,049 square feet. Vern Jacob moved for Findings of Fact:
1. This is an application under WZBL 6.21 to convert an accessory building to an affordable accessory dwelling unit.
2. The livable floor area of the proposed affordable accessory dwelling unit has been determined by the building inspector to be 1049 ft.².
3. According to the Wellfleet Department of Health the septic system is for a maximum of three bedrooms.
4. There are two bedrooms in the principal residence and there will be one bedroom in the affordable accessory dwelling unit.
5. Some abutters have objected to the application and others have supported the application.
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.
Manny Heyliger moved to approve the Findings of Fact; seconded by Vern Jacob; passed 5-0.
Vern Jacob moved to grant the special permit based on the Findings of Fact; seconded by Bruce Drucker; passed 5-0 subject to the following conditions:
STANDARD CONDITIONS FOR AFFORDABLE ACCESSORY DWELLING UNITS IN ACCORDANCE WITH SECTION 6.21 OF THE WELLFLEET ZONING BY-LAW
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.
7:15 pm
11-19 Thelma Blakeley, 1457 State Hwy, Map 30, Parcel 156, Application for a Special Permit under WZB 6.1.5 to remove existing deck and replace it with screened-in porch. Mick Lynch recused himself. The Board consisted of Vern Jacob, Bruce Drucker, Roger Putnam, Manny Heyliger and William Nicholson. Mick Lynch and Thelma Blakeley gave an overview of the project, stating the roofline will be in continuance of the adjoining roof, with an elevation of 20” below the main dwelling roofline. There will be a reduction in the nonconformity of the setback. He stated there are two sheds on the property. Vern Jacob moved for Finding of
Facts:
1. This is an application under Wellfleet zoning bylaw 6.1.5 to replace an existing deck with a covered screened in porch
2. The dwelling is entitled to treatment as a lawfully pre-existing nonconforming structure having been in existence for least 10 years as provided for in Wellfleet Zoning Bylaw 8.2.2
3. The existing non-conformities regarding the structure include intrusion into the rear setback and the side setback
4. There will be no change in use.
5. There was no objection from the abutters.
6. The dwelling will have 15.5% building lot coverage upon completion of the alteration.
7. The use conforms with the objectives of the District in which it is located
8. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
9. 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
Roger Putnam moved to approve the Findings of Fact; seconded by Manny Heyliger; passed 5-0. Bruce Drucker moved to approve the Special Permit based on the Findings of Fact; seconded by Roger Putnam, passed 5-0.
Other Business
Roger Putnam moved to approve the 6/16/11 and 07/07/11 meeting minutes as amended; seconded by Bruce Drucker; passed 6-0.
Roger Putnam nominated Vern Jacob as Chair, Bruce Drucker as Vice Chair, William Nicholson as 2nd Vice chair, Robert Hankey as Clerk; and Manny Heyliger as Assistant Clerk, and approved by acclimation.
Roger Putnam moved to adjourn at 7:45; seconded by Manny Heyliger, passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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