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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. i 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." 2 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. 3