Minutes of Zoning Board of Appeals Public Meeting
Date: August 18, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Vern Jacob, Bruce Drucker, Roger Putnam, William Nicholson, Manny Heyliger, Roger Putnam, Tom Reinhart and Christine Bates, Committee Secretary.
Regrets: Mick Lynch
Vice Chair Bruce Drucker opened the meeting at 7:00 p.m. and stated the meeting was being recorded.
Public Hearings:
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 07/21/11). The Board consisted of Bruce Drucker, Manny Heyliger, William Nicholson, Roger Putnam, and Tom Reinhart replacing Mick Lynch. Tom Reinhart stated he made a site visit on his own. Attorney Ben Zehnder stated the applicant has changed the proposal at the Board’s request and redesigned the dwelling, bringing it forward four feet with the addition in the back of the house.
An application was presented to the Conservation Commission due to intrusion into the 100’ buffer zone. Zehnder stated the Conservation Commission requires a number from the State and the commission was supportive of the project. The fruit stand will remain for selling cranberries and two sheds as well as a concrete pad will be removed and revegetated d. There will be a total of four bedrooms on the property. The bog will be turned into a certified organic cranberry bog.
The Board pointed out that pursuant to its rules only one application per filing is allowed.~
Roger Putnam moved for Findings of Fact:
A. Special Permit Under WZB 6.1.5.1 To Alter Pre-Existing Nonconforming single Family Residence:
1. The principal dwelling on the lot is a lawfully pre-existing, nonconforming structure having been built in 1952 according to the Assessor’s Office.
2. The existing non-conformities regarding the structure include intrusion into the front setback and the side setback
3. There will be no change in use.
4. There was no objection from the abutters.
5. According to the Wellfleet Department of Health the septic system is for a maximum of four bedrooms.
6. There will be three bedrooms in the principal residence and there will be one bedroom in the affordable accessory dwelling unit.
7. There will be additional intrusions of 4 feet into the front setback and the existing intrusion into the side setback will be reduced by approximately 8 feet.
8. The project has not yet received approval from the Conservation Commission
9. The alteration will not be more substantially detrimental to the neighborhood than the existing non-conforming structure.
10. 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 the Findings of Fact; seconded by Manny Heyliger;
passed 5-0.
Bruce Drucker moved to grant the Special Permit under WZB 6.1.5.1 to alter pre-existing nonconforming single family residence based upon the foregoing findings of fact and subject to the condition that the project receives approval from the Conservation Commission and Board of Health prior to the issuance of a building permit.
B. Special Permit Under WZB 6.21 For An Affordable Accessory Dwelling Unit:
Roger Putnam moved for Findings of Fact for the Special Permit under WZB 6.21 For An Affordable Accessory Dwelling Unit:
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 will be 1078 ft.².
3. According to the Wellfleet Department of Health the septic system is for a maximum of four bedrooms.
4. There will be three bedrooms in the principal residence and there will be one bedroom in the affordable accessory dwelling unit.
5. There was no objection from the abutters.
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.
Roger Putnam moved the Findings of Fact for the Affordable Accessory Dwelling Unit; seconded by William Nicholson; passed 5-0. Bruce Drucker moved to grant the Special Permit under WZB 6.21 for an Affordable Accessory Dwelling Unit; seconded by Roger Putnam; 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.
Roger Putnam moved to adjourn at 7:30 pm; seconded by Bruce Drucker; passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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