HomeMy Public PortalAboutZoning Board of Appeals -- 2003-07-29 Minutes TOWN OF BREWSTER
PUBLIC MEETING
MINUTES OF ZONING BOARD OF APPEALS
Tuesday, July 29, 2003
7:00 P.M.
Brewster Town Offices
The Board convened at 7:15 P.M. for the purpose of hearing public comment on
the proposed rules, regulations, and application fee for the administration of the
"Affordable Accessory Apartments" bylaw, Chap. 179-42.1 of the Code of the
Town of Brewster (adopted 11/02).
Present were Board members Freeman, Harrison, Jackson, MacGregor,
McInerney, and Stewart. Representing the Brewster Housing Advisory
Committee were Elizabeth Taylor and Elbert Ulshoeffer. Representing the
Council on Aging was Olga Sherry.
Discussion began with the 4-page "Special Permit Process Guideline for Property
Owners." Mr. Stewart asked if there were one or two meetings with the
applicant. Mr. Ulshoeffer explained that there were two, with the first meeting
required and the second optional. The "pre-application meeting" tells the
applicant how to proceed.
Mr. MacGregor wondered how reasonable the 15-year commitment was,
considering the duties and obligations imposed on the owner, especially paying
utilities. Mr. Ulshoeffer said the state law on determing income qualifications
includes utilities.
Mr. Stewart asked how the "'Barnstable -- Registry Fee Schedule," enclosed in
the materials handed out, applied to the affordable accessory apartment process.
He also asked what the re-certification fee for the tenant (Para. 9) would be.
Someone suggested that the application fee for a special permit be reduced to
$25.00 from the normal special permit fee of $200.00, as a further incentive to
applicants. The Housing Authority apparently determines the fee.
Salient points regarding the guidelines and process were mentioned. The
process is not optional. A home inspection is advisable before completing the
special permit application. The Town and Board should avoid intimidating the
applicant and should help him at every step of the way.
Ms. Sherry wanted to know how many potential applicants there might be for
affordable apartments. There were no credible estimates.
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Mr. Ulshoeffer displayed the leaflet that had been sent out, advertising the
program.
Someone suggested transposing steps 1 and 3, i.e., meeting with the housing
advisory committee first and then having a home inspection.
Mr. MacGregor asked if 15 years was too long a commitment for a landlord to
make to the program.
Discussion turned to how an affordable apartment tenant is determined to be
"income unqualified" and how enforcement of tenant compliance with lease
requirements is insured. The Housing Authority has a central role in both of
these matters.
It was agreed that the word "unit" should be inserted after the word "dwelling"
in the next-to-last paragraph on page 1. The Guidelines were approved by the
Board.
There seemed to be no dissent to the statement that, according to the bylaw, if
an affordable apartment doesn't fit into the existing building, it can't be added.
Attention turned to the required forms and supporting documents. Elevation and
floor plans were mentioned and the $100 application fee noted.
The Board approved changes in the wording of the general application form,
relating to required documents for the special permit and/or variance.
The Board discussed the "Special Permit Decision and Notice." It was suggested
that the "SAMPLE" section at the bottom of the first page be removed as
superfluous. "Boilerplate" (?) paragraphs should be added. Mr. Freeman noted
that "Ruling and Conditions," p. 3, respects the bylaw.
No. 5, p. 2, on housing authority inspection was deleted. No. 2, p. 2, should
refer to the Brewster Board of Health instead of the Brewster Housing Authority.
Under #3 in the "Special Permit Process Guideline . . .," add "Affidavit of
Program Participation" to the list of items included in the "Special Permit packet."
In the section on "Ruling and Conditions," p. 3, it was noted that "commercial" is
not included in the phrase, "owner-occupied residential dwelling." It was
suggested that the phrase, " . . . or be the owner of a commercial unit or its
agent," be added after "dwelling."
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In No. 4, p. 3, regarding income level and monthly rent, the question "How does
the housing authority determine the value of metered utilities?" was raised.
Mr. Ulshoeffer suggested that #10, p. 4, "no transfer of a special permit without
Board approval," should not be in this document. It was even suggested that
most of the "Ruling and Conditions" paragraphs are not necessary and that a
singular reference to the "Regulatory Agreement and Declaration of Restrictive
Covenants" should be made instead.
In the covenant section, replace "comprehensive permit" with "special permit."
The Board sent back the covenant and the decision to the Affordable Accessory
Apartment Committee.
The Board of Health and other forms in the documents distributed are for
information purposes.
The Board adjourned at 9:15 P.M.
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