Wellfleet Planning Board
Minutes of Meeting of January 19, 2005
Town Hall Hearing Room
7:00 p.m.
Present: R. Dennis O'Connell, Chair; Lisa Brown, Harriet Miller, Gerald Parent, Ben Gitlow; Rex Peterson, Assistant Town Administrator
Excused: Mark Berry, Alfred Pickard
Chair O’Connell called the meeting to order at 7 p.m.
By-Law Revisions
Rex Peterson said that the Board needed to make a motion to forward the proposed By-law changes to the Board of Selectmen, who will refer it back to the Planning Board for a public hearing that is scheduled for February 16 at 7 p.m. The revisions have been proofread, sent to town counsel and Lauren McKeon of the Cape Cod National Seashore. O’Connell asked that the press be notified of the public hearing. O’Connell also asked about the elimination of the use of strike-outs, boldface and underlining to indicate changes in the document. Peterson said, and the Board agreed, that it was easier to read without them. Lisa Brown moved that PB forward the changes to the Board of Selectmen. Ben Gitlow seconded the motion. Brown said she would not be at the Feb.16 hearing because she will be out of the
country between February 13 and March 4.
The Board voted in favor of the referral to the BOS 5-0.
Other Business
Rex Peterson announced that the Wastewater Task Force would be at the BOS meeting Tuesday, January 25.
O’Connell corrected his e-mail address on the January 2005 membership list.
Ben Gitlow asked that any revisions for Article 9 of the Charter be submitted by February 18.
Minutes
Lisa Brown suggested amending the minutes on shed requirements to include a more specific definition of “interior” of a lot. O’Connell felt that PB could think about the language a bit longer. Lisa Brown moved to approve the January 5, 2004 minutes with other amendments; Harriet Miller seconded; the Board approved the amended minutes 5-0.
Mail
Chair O’Connell read two letters from the ZBA to homeowners regarding their shed applications. The ZBA sent the copies to the Planning Board because the ZBA recommended that the homeowners withdraw their applications for variances until the Zoning By-law changes on accessory buildings/sheds become effective. ZBA was willing to go forward with the variance requests, however, if the homeowners did not want to wait.
W.H.A.T. Update
Gerald Parent recused himself and left the meeting. Chair O’Connell reminded Jeff Zinn that this was still not the official referral from the ZBA for dual use, Development of Significant Impact and condominium conversion. Zinn wished to review the materials he had submitted simultaneously to ZBA and PB prior to tonight’s meeting.
Zinn pointed out a new location for the summer tent on the replacement page DP-1 of the large scale plans. It is now sited on the reserve parking area which is not yet needed. This location for the tent was more desirable during construction of the theater. Lisa Brown suggested that signs to dissuade people from parking on the way in might be needed if the tent is located out front. Zinn felt people would more likely use the IGA parking area which has an accessible path to the theater/post office lot. Brown asked what alternate plan was considered if parking became an issue. Zinn said that the tent can be located nearer to the IGA lot if the reserve parking area becomes needed. Ben Gitlow wanted to know if ZBA needed to consider amendment to the site plans if the tent gets relocated. He also asked
about lot coverage when the theater is completed. The tent, however, is not included in lot coverage because it is a non-permanent structure.
Zinn said that the condo documents addressed lot coverage in Phase III. There are three phases presented in the Master Deed of the Wellfleet Cultural and Commerce Condominium: Phase I already exists, Phase II includes the theater footprint, and Phase III allows for one more building not indicated in the proposal under consideration. That building’s use is not specified according to Zinn, but he imagined it would be commercial use. The condo owners would have to go through the whole process with ZBA, Cape Cod Commission and PB again to develop Phase III plans.
Ben Gitlow questioned the adequacy of the 1,000 gpd well. Zinn assured him that it was worked out conservatively to accommodate 250 seating capacity at 3 gallons per seat, per day. If and when water became an issue in Phase III development, the tent might have to be eliminated.
Gitlow asked about use of the theater for films. Zinn said that in the agreement with the seller, the owner of New Art Cinema in Provincetown, there is a restriction being placed on film screenings. They will be allowed 25 days per year for movies, but can not become a full-fledged cinema.
Lisa Brown went over the six-item list of ZBA concerns with Zinn. The only one that had not been addressed was a question of an easement that former owner Charles Amsler said existed with an abutter. Zinn said there was no record found for this.
To resolve a question of the scaling of the drawings, Zinn called his architect John Freeman on his phone and put him on conference mode. Freeman explained that the drawings change when they’re printed; therefore, the general notes say “Do not scale drawings.” The plans are design documents, not construction plans.
O’Connell said the biggest issue he had was the safety of pedestrians who might be crossing over the entrance road to get to the IGA parking lot. Zinn explained that there is an existing brick walkway that will be made more pedestrian friendly with better lighting and signage.
O’Connell questioned the right of the theater to use the IGA parking area. Zinn admitted there is no formal agreement. However, there is an overlap in the ownership of the two properties. If the IGA lot ever becomes off limits, that’s when the reserve parking area which now exists only as “paper parking” would become an actual lot.
O’Connell touched upon the subject of aesthetics and the design of the building. Zinn said that the building has a blank façade since there are no windows in a theater.
Ben Gitlow questioned Zinn about signage. Zinn said one main sign already exists and that future signs have to conform to the by-laws and go through the Building Inspector.
Ben Gitlow asked Zinn what ZBA relief (variances) were requested. Zinn said no variances were being sought.
Adjournment
Brown moved; Gitlow seconded; the Board unanimously voted to adjourn 6-0. The Board adjourned at 8:18 p.m.
Respectfully submitted,
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Mary Rogers, Committee Secretary R. Dennis O’Connell, Chair
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