Approved
Zoning Board of Appeals
Meeting Minutes
December 19, 2013, 7:00 pm
Wellfleet Senior Center
Attendees: Vern Jacob, Bruce Drucker , William Nicholson, Many Heyliger, Roger Putnam, Sharon Inger, Don Palladino, Sibel Asantugrul, and Mick Lynch
Regrets: Mick Lynch and Sibel Asantugrul
Meeting called to order at 7:00 pm.
13-32 Hope Schwartz-Leeper and Zak Fagiano (Wellfleet Sea Salt Co.) 35 Designer’s Rd., Map 3, Parcel 11: Allow more than one principal use on a lot in District C2 (produce sea salt in covered evaporators) (Cont’d from 12/05/13). The Board consisted of Vern Jacob, Bruce Drucker , Manny Heyliger, William Nicholson and Roger Putnam. Attorney Bruce Bierhans represented the applicants and thanked Committee Secretary, Christine Bates, for her assistance in preparing for the hearing. He stated in the early 1800’s and 1900’s there was a Wellfleet Salt Works. He stated the acceptance of this business would work for this town and it is a passive industry. According to the Surveyor, the lots were never merged and the salt business will be located on Lot 3 over the
garage. Zak Fagiano stated water is pumped into covered barrels, transported by truck to the site, and the water is then pumped into the evaporators which has a pond liner. After the water evaporates, the salt is put in covered buckets, and transported back to their home where it is then packaged for sale. They required a license from the state and a business license from the town. The minerals and salt are tested. They stated they are not required to have Board of Health approval. They hope to employ one to two full time employees as the business grows. A letter of support from the Wellfleet Chamber of Commerce was read into the record. An e-mail from William Brown raised concerns regarding traffic, noise and hours of operation. George Chevalier opposed the project due to supposed high level of sodium in his water. Mr. and Mrs. Costephens expressed concern about salt leaching into ground. Zak
Fagiano stated is the operation uses a bilge pump with a reinforced hose and all fittings are internal. One inch of water is placed in the evaporators. The water is taken from Lt. Island or they can use pump boats. The access will be from Route 6, there will be no noise or odors, and hours of operation will be in the daylight. Paul Pilcher stated the town has been looking for businesses that are green and the Citizens Economic Development supports the business. Suzanne Lawlor stated she supports the project. Judith Styles, Citizens Economic Development Committee, is excited young people want to open a business that is eco friendly. Zak Fagiano responded to questions of the Board which included that there will be between one and three trips to the site per week, there is a 250 gallon barrel and two 50 gallon barrels, the liner will be replaced in approximately 10 years and it takes approximately one week during the summer to produce the
salt. Bruce Bierhans stated if the lot were sold, the purchaser would honor the lease. Roger Putnam moved for Findings of Fact:
1. This is an application for more than one principal use on the subject lot under WZBL 5.4.13.
2. The existing principal use on the lot is the Bay Sails Marine boat yard
3. The lot is located in the Commercial 2 District the stated objective of which is “[t]o provide for small and moderate-scale business development for local and transient service, low-intensity light industrial and enhanced service trade use.”
4. The applicants propose to establish a business on the lot to evaporate salt water for the production of sea salt in covered evaporators for retail sale.
5. The proposed use is allowed as of right in the Commercial 2 District as “Marine Aquaculture” under Wellfleet zoning bylaw 5.3.3
6. The proposed use conforms with the objectives of the Commercial 2 District
7. The applicants have received Board of Health approval.
8. The use contributes to the diversity of business & product available in the Town, will provide for employment within the Town, will not create any substantial noise, pollution, traffic issues or congestion, and the 2nd principal use on the lot complies in all other respects with WZBL 8.4.2.
9. There was an objection from an abutter.
10. The application is supported by the Citizens Economic Development Committee, the Wellfleet Chamber of Commerce, and by various abutters & citizens.
11. 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 the Findings; seconded by Roger Putnam; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Roger Putnam; passed 5-0.
7:37 pm
13-27 Jeffrey W. Glaze, 90 Beach St. , Map 35, Parcel 31: Application for a Special Permit under WZB 6.1.5 to enclose three sections of existing deck to increase habitable area and building new deck on front of dwelling (Cont’d from 11/07/13). Roger Putnam recused himself. The Board consisted of Vern Jacob, Bruce Drucker , Manny Heyliger, William Nicholson and Don Palladino. Jeff Glaze stated this is an upside down house & he want to expand the living area on the second floor. There was a conflict between the lot coverage calculations which were originally submitted with the application and the calculations in the revised site plan. The board requires accurate numbers. Vern Jacob moved to continue to 1/19/14; seconded by Bruce Drucker; passed 5-0.
7:55 pm
13-33 Laurie Frottier, 249 Gross Hill Rd. , Map 9, Parcel 7: Application for Affordable Accessory Dwelling Unit under WZB 6.21. The Board consisted of Vern Jacob, Bruce Drucker , Manny Heyliger, William Nicholson and Roger Putnam. Alan Cabral, Designer and Laurie Frottier came to the table and Ms. Frottier felt that in order to keep her home, an affordable accessory dwelling unit was the answer. One bedroom in the main house will be taken out of the main house in order for there to be one bedroom in the AADU. There will be no change in the footprint or elevations. There will be a total of 735 sq feet livable space in the AADU. Roger Putnam moved for Findings of Fact:
1. This is an application under WZBL 6.21 to convert part of an existing garage to an affordable accessory dwelling unit.
2. The livable floor area of the proposed affordable accessory dwelling unit is 735 ft.².
3. There currently exists on the property a principal dwelling, a garage and a shed.
4. According to the Wellfleet Department of Health the septic system is for a maximum of three bedrooms.
5. There are three bedrooms in the principal residence and there will be one bedroom in the affordable accessory dwelling unit. One of the bedrooms in the principal residence will have to be eliminated or the existing septic system will have to be upgraded to accommodate four bedrooms as provided for in paragraph 5 of the Standard Conditions below.
6. No abutters have objected to the application.
7. 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. Roger Putnam moved to grant the special permit based on the Findings of Fact; seconded by Manny Heyliger; 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; it shall be appropriate for the total number of bedrooms on the property; and shall be reviewed and approved by the Health Agent prior to the issuance of a certificate of occupancy for the affordable accessory dwelling unit.
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.
Meeting Minutes
Roger Putnam moved to approve the amended November 21, 2013 meeting minutes; seconded by William Nicholson; passed 5-0.
Roger Putnam moved to approve the amended December 5, 2013 meeting minutes; seconded by Sharon Inger; passed 5-0.
Vern thanked the members of the Board for their service in 2013.
Sharon Inger moved to adjourn at 8:10 pm; seconded by Bruce Drucker ; passed 7-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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