Archive for the ‘1. Seashore Zoning Amendments of 2008’ Category

Attorney General Approves 2008 Seashore Zoning Amendments

Friday, February 20th, 2009

In an Opinion issued February 20, 2009, Massachusetts Attorney General Martha Coakley approved Wellfleet’s 2008 National Seashore District zoning amendments.  Approval of zoning bylaws is required by state law.

The Attorney General said that Wellfleet’s regulation of  “Maximum Site Coverage in the National Seashore Park” is not inconsistent with state zoning law.  Specifically, it does not directly regulate interior area of a dwelling, which is prohibited.  Regulation of the bulk of buildings and of lot coverage is permitted.

The Attorney General also rejected a challenge to the posting of the text of the zoning amendments prior to the Planning Board’s hearing, because the full text of the new rules were published in the Board’s hearing notice.

Read the full text of the Opinion here:  A.G. Approval Opinion Feb 20 2009.

Wellfleet Voters Adopt Seashore Zoning Bylaws at STM

Tuesday, October 28th, 2008

Wellfleet voters overwhelmingly approved Zoning Bylaw amendments for the Seashore District at a Special Town Meeting on October 27, 2008.  More than two-thirds of the voters who filled the Elementary School gymnasium voted for Article 4, which establishes a sliding scale for buildings’ “site coverage”, and for Article 5, which introduces expansion flexibility by a Seashore District Special Permit to be issued by the Zoning Board of Appeal.

Article 4 was drafted and presented by “Gooz” Draz, a member of the WNSHA Executive Committee and the Planning Board.  (See Draz’ slide show explaining Articles 4 and 5.)  It was supported by Peter Watts, also on the Executive Committee, who described Seashore homeowners’ views expressed in a petition and survey.  Article 5 was presented by Selectmen Dale Donovan, who led public support for the two related Articles.

The Planning Board’s proposed Town-wide “lot coverage” and Residential Site Plan Review - Special Permit amendments, Articles 6, 7, and 8, were presented by Chairman Dennis O’Connell (see slide show) and later withdrawn without being voted on, for further work by the Board in view of approval of Articles 4 and 5.

Read Articles 4 and 5 (prior to two clarifying amendments made from the floor at STM) here.

The Zoning Bylaw amendments will be sent to the Massachusetts Attorney General for review under state zoning law.

CCNS Superintendent George E. Price, Jr., had informed the Selectmen on October 24, 2008, that he would recommend approval of the zoning amendments in Articles 4 and 5 to the U.S. Secretary of the Interior, stating that “They represent the best reflection of needed changes to address building scale and mass and retain community character as envisioned in the park legislation and the federal zoning standards regulation for the National Seashore.”  Federal law creating the Seashore suspends eminent domain for residential properties in a town with approved zoning rules.

See also “Wellfleet Voters Approve Restricting Size of Homes in Seashore“, M. Miller, WickedLocal:Wellfleet, Oct. 28, 2008; “Building Restrictions on Seashore Land Approved“, M.A. Bragg, CapeCodTimes.com, Oct. 28, 2008.

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Editor’s Comment:  WNSHA is extremely grateful to Gooz Draz, Selectman Dale Donovan, and Town Planner Rex Peterson for their expert and unflagging work on these zoning bylaw amendments.

Selectmen Endorse Art. 4 & 5, Recommend More Work on Art. 6,7 & 8

Saturday, October 25th, 2008

The Wellfleet Board of Selectmen voted 4-0 on October 21, 2008, to endorse Zoning Bylaw amendments proposed as Articles 4 & 5 on the Special Town Meeting Warrant and to recommend further work on proposed Articles 6, 7, and 8.  They concluded that Art. 4 & 5 better solved the problem of excessively large houses in the Seashore, while Art. 6, 7, and 8 did not.  See “Selectmen Endorse Petitioned Articles, Not Planning Board’s“, by Elspeth Pierson, WickedLocal:Wellfleet, October 23, 2008.

Does It Pass the ‘Blasch’ Test?

Wednesday, October 22nd, 2008

Which Proposed Zoning Amendments Would Prevent a ‘Blasch’-Sized House of 5,600 sq. ft. from Being Built at 1440 Chequessett Neck Road?

 

 

Warrant Article

 

 

Preventive Effect on Blasch-Sized House

 

Art. 4 & 5 (Maximum Site Coverage; Seashore District Special Permit)

 

 

Yes – Maximum “Dwelling Space Area”  is 2,800 sq. ft.

 

Art. 6 (Maximum Building Coverage)

 

 

Not really – A 5,400 sq. ft. two-story house would be allowed – compared to ~5,600 sq. ft. two-story house now being built by Blasch, LLC.

 

 

Art. 7 & 8 (Residential Site Plan Approval)

 

Uncertain – Depends on Planning Board’s opinions (1) (a) whether the house is “integrated into existing terrain”, “take[s] into account the height, scale and bulk of other buildings in the neighborhood”, “to the extent practicable, preserve[s] … natural and/or historical features”, etc,

(b) unless these standards are “changed or modified upon agreement of the Planning Board during the review process”;

and (2) on Planning Board’s findings whether “the benefits of the proposal to the town will outweigh any adverse effects on the Town”.

 

 

Art. 6, 7 & 8 (Maximum Building Coverage plus Residential Site Plan Review)

 

 

Uncertain – see above.

Download this page as MS Word document.

WNSHA Executive Committee Letter to Homeowners on Zoning Amendments

Wednesday, October 15th, 2008

Dear Fellow Seashore Homeowner:

We are writing to inform you of important Zoning Bylaw Amendments that will be considered at a Special Town Meeting on October 27, 2008.  Some of these Amendments, if approved by Wellfleet voters, can preserve the Seashore from “megamansion” development and protect the scenic qualities of the Seashore and the Town.

You probably know by now that Wellfleet’s existing Zoning Bylaws have been ineffective in preventing “teardowns” of existing structures and construction of extremely large, out-of-scale “megamansions”.  And you also probably know that the National Park Service does not have the funds for acquiring non-compliant properties by eminent domain.

While we are committed as homeowners to protecting our ownership rights, we also feel strong responsibilities to preserve the Seashore as the gift of Nature it has been for us and as it should continue to be for our children and future homeowners.

Therefore we are enclosing information on the two sets of Zoning Bylaw Amendments, as well as a brief questionnaire soliciting homeowners’ views to be presented to voters at the Special Town Meeting.  This information, plus more information about zoning and other issues and about WNSHA, may be found on our website, wnsha.org.

On September 23, 2008, WNSHA’s Executive Committee unanimously agreed that the Zoning Bylaw Amendments proposed by citizens’ petition and the Board of Selectmen (Articles 4 and 5) best preserve and protect the qualities of the Seashore and the Town, and that they contain fair, workable, and well thought-out standards and procedures.

If you were unable to attend WNSHA’s Annual Meeting this summer and renew your membership then, we urge you to do so using the membership form on the ‘Contact Us / Join Us’ page on the website.  Please be sure to send us your email address, to wnsha@comcast.net, for future communications.

Sincerely,

WNSHA Executive Committee

QUESTIONS & ANSWERS ON ZONING BYLAW AMENDMENTS

Wednesday, October 15th, 2008

1.    What’s the problem?  How serious is it?

Under current Wellfleet Zoning Bylaws, extremely large “megamansions” can be built that will permanently change the scenic quality of the Seashore and the Town.  Current Bylaws would permit 100 houses, each one larger than Wellfleet Town Hall, to be built within the Seashore, including on scenic and visible dunes and shorelines.

2.    Why do we have this problem?

Wellfleet’s current Zoning Bylaws do not adequately control the size, mass, or scale of structures in the Seashore.  Buildings can be torn down and replaced by large “trophy homes”.

3.    What can be done about this?

There are two sets of proposed Zoning Bylaw Amendments on the Oct. 27, 2008, Special Town Meeting Warrant.  Approval requires approval by 2/3 of voters at the STM.

The first set of Amendments (Articles 4 and 5 on the STM Warrant) were proposed by a group of Seashore Park residents and Welllfleet citizens via petition and the Board of Selectmen respectively.  Article 4 would establish a sliding scale for dwellings in the National Seashore Park District based on lot size.  A homeowner could build up to these sizes “by right”.  The sliding scale is based on a study of the size of currently existing houses on similarly sized lots, and provides for expansion allowances consistent with balancing reasonable private and public interests.  Article 5 provides for homeowners to possibly exceed the sliding scale (up to a max. 2,800 sq. ft. home or 3,600 sq. ft. of total Site Coverage), and/or on the smallest lots to create a new nonconformity for better flexibility with a Special Permit issued by the Zoning Board of Appeals.

The second set of Amendments (Articles 6, 7 and 8) were proposed by the Planning Board.  Article 6 would establish a maximum building coverage (or “footprint” size) in the National Seashore Park District, and a different one for the R1 and R2 Districts based on the size of the lot.  Article 7 provides for a Residential Site Plan Review – Special Permit for homes that exceed certain thresholds of Site Coverage based on the size of their lot (i.e, 2,000 sq. ft. & 3,000 sq. ft. of Site Coverage in the NSP and R1 & R2 districts respectively). Article 8 designates the Planning Board as the Special Permit Granting Authority for the Residential Site Plan Review established in Article 6.

4.    Where can I read the full text of the proposed ZBL Amendments?

The Zoning Bylaw Amendments and the complete Warrant, including the zoning articles, are online at http://wnsha.org on the ‘Welcome’ page under ‘Upcoming Events’ and on the Town of Wellfleet’s site http://www.wellfleet.org under ‘Wellfleet Bulletins & Public Notices’.

5.    What effect will the Amendments have on my Certificate of Suspension of Condemnation from the CCNS?

The CCNS has said it will recommend approval of the petitioned and Selectmen’s Amendments (Articles 4 and 5) to the U.S. Department of the Interior, so that Wellfleet’s amended ZBL will satisfy Federal Regulations and Wellfleet homeowners’ Certificates of Suspension of Condemnation will remain valid.

6.    Which set of proposed Amendments is preferable?

The WNSHA Executive Committee voted on Sept. 28 to support the petitioned and Selectmen’s Articles 4 and 5 as fair, workable, and serving to preserve the qualities of the Seashore and the Town.  These Articles have also been supported by the CCNS, the Cape Cod Commission, the Association for the Preservation of Cape Cod, and the Friends of the CCNS.

Articles 4 and 5 would allow homeowners to expand their houses “by right”, i.e., simply by getting a Building Permit while adhering to the Site Coverage table for one’s lot size. For example, a lot just under 2 acres (84,000 sq. ft.) could have 3,100 sq. ft. of Maximum Site Coverage (defined as the total floor area of living space and attached garages and detached structures, plus covered porches or decks 36” high in excess of 750 sq. ft., but excluding attic, cellar, and nonresidential basement space and Sheds).  Larger or nonconforming expansions could be allowed by a National Seashore Park Special Permit issued by the Zoning Board of Appeals.

Articles 6, 7 and 8 would not be as effective in preserving the Seashore and would be more burdensome for most homeowners.  They would still permit construction of a house as big as Wellfleet’s Town Hall (5,000 sq. ft.) at the “Billboard House”/Blasch, LLC site on Griffin Island, as well as at 84 other locations in the Seashore.  They would require the 172 homeowners with lots of 20,000 sq. ft. (just under ½ acre) or larger to go through Residential Site Plan Approval – Special Permit proceedings with the Planning Board to do an expansion resulting in Site Coverage of 2,000 sq. ft. or more.

7.    What can I do?

First, familiarize yourself with the proposed Zoning Articles.

Second, vote at the STM if you are a Wellfleet voter.

Third, whether or not you are a Wellfleet voter, send us your opinions on our questionnaire and return it to WNSHA, P.O. Box 1100, Wellfleet, MA 02667 by Wednesday, October 22, 2008, or email it by the same date to wnsha@comcast.net.

HOMEOWNERS’ QUESTIONNAIRE ON ZONING AMENDMENT PROPOSALS

Wednesday, October 15th, 2008

Download Homeowners’ Questionnaire on Zoning Amendment Proposals here.  <<

Final results of this October, 2008, survey (from 32 total responses):

1.         Are you concerned about large-scale “megamansions” being built in the Seashore?

                        Yes     20

                        No        0

 

2.         Do you favor amended zoning to preserve the quality and values of the National Seashore and the Town of Wellfleet?

                        Yes      28

                        No         3

 

3.         Do you favor proposed Articles 4 and 5 (by citizens’ petition and Board of Selectmen):  Article 4 proposes to establish a sliding scale for dwellings in the National Seashore Park District based on the lot size.  Article 5 would allow homeowners to exceed the sliding scale (up to a max. 2,800 sq. ft. home or 3,600 sq. ft. of total Site Coverage) or to create a new nonconformity with a Special Permit issued by the Zoning Board of Appeals.

                        Yes      28

                        No         4

 

4.         Do you favor proposed Articles 6, 7, and 8 (by the Planning Board):  Article 6 would establish maximum building coverage in the National Seashore Park District and the R1 and R2 Districts based on the size of the lot. Article 7 provides for a Residential Site Plan Review – Special Permit for homes that exceed certain thresholds of Maximum Site Coverage based on the size of their lot. (E.g., 2,000 sq. ft. of Site Coverage for lots over 20,000 sq. ft.) Article 8 designates the Planning Board as the Special Permit Granting Authority for the Residential Site Plan Review established in Article 6.

                        Yes        8

                        No        21

 

18 survey mailings were returned as undeliverable.

 

Comments:  ________________________________________________________________

Name:  ____________________________________________________

Address:  __________________________________________________

                 __________________________________________________

Email:     ___________________________

Telephone: (_____)_______-____________

Wellfleet home location/address: _______________________________________________

Cape Cod Times editorial: “Greed, Special Interests Threaten National Park”

Wednesday, October 15th, 2008

On October 5, 2008, an editorial urging zoning reform in Wellfleet appeared in The Cape Cod Times:

“To the unknowing, the Cape Cod National Seashore is nothing less than an ornate bridal veil that gently protects golden strands of beach, curling surf and bejeweled ponds and hills.

To the unknowing.

In fact, the National Seashore is an ageing patchwork quilt of public and private property, fraying at the seams, threatened by gaudy development.

And if Wellfleet and Truro voters, in particular, don’t move quickly to permanently protect the park from trophy houses and even commercial development, their inaction could change the very character of our National Seashore. …”

Read the full editorial.