Wellfleet Planning Board
Minutes of Meeting of March 16, 2005
Town Hall Hearing Room
7:00 p.m.
Present: R. Dennis O'Connell, Chair; Mark Berry, Lisa Brown, Ben Gitlow, Harriet Miller, Gerald Parent; Rex Peterson, Assistant Town Administrator
Absent: Alfred Pickard
Chair O’Connell called the meeting to order at 7:05 p.m. Mark Berry recused himself because he was the applicant in the first item of business.
Condo Conversion of Green Haven Cottages, Rte. 6 (Map 42, Parcel 72)
Mark S. Berry, the owner of the Green Haven Cottages, presented his plans for a condominium conversion. He said that a modified site plan would be forthcoming in order to show the kitchen removal in Unit 8 and the bedroom changes in Units 6 & 7. The total bedroom count for the property will remain at 15 even if they get shifted around. He has provided two parking spaces for each unit. Planning Board had more questions about delineating parking spaces in relationship to the zone of contribution for the public water supply system. The well and septic system need to be included on the plans. PB also had concerns of what it would mean to designate all outside areas other than decks as common areas. Parent suggested that common area/exclusive area was an issue the applicant should further consider. Berry
said that all condo owners would have the use of the roads on the property. He also indicated that the electric system had been upgraded throughout and now had underground power lines.
Parent said that Town Counsel would go over the condominium documents and that the Board of Health would handle well and septic issues. However, he felt that PB should receive a completed copy of the plans for its files.
Ben Gitlow made a motion to respond to ZBA that the condo conversion meets the zoning by-laws and to request a copy of the revised application with the changes to Unit 8, the septic and well in the plans as approved by the Zoning Board of Appeals. Brown seconded the motion.
The motion to send the Planning Board response to ZBA carried 5-0.
Mark Berry returned to the table and other business was taken up before the W.H.A.T. presentation was considered.
Other Business
Community Preservation Act – Recommendation for Town Warrant
Gitlow had a question on the combination of committee members to serve on the CPA. O’Connell said a member of Planning Board will be needed on the CPA. Harriet Miller made a motion to recommend the CPA Warrant Article as submitted. Lisa Brown seconded the motion.
The Board voted to recommend the CPA item for the Warrant 6-0.
Revised Shed By-law
Rex Peterson said that it had been brought to his attention that the revised garden shed by-law covered all districts in town, not just residential. PB did not think this was a problem.
Lower Cape Planning & Development Roundtable – March 28
Assistant Town Administrator Peterson announced that two representatives from the Planning Board and ZBA were needed for the Roundtable being formed for joint zoning and planning issues in the Lower Cape towns and the National Seashore. Parent and Brown volunteered to serve. O’Connell will attend the initial meeting March 28 at 2 p.m. at the Wellfleet Library.
Charter Review
Ben Gitlow suggested wording that Planning Board prepare a Comprehensive Plan if it is well budgeted. After some further discussion of term of office, appointed members, and ZBA Special Permit procedures, PB agreed to defer the vote on comments to the Charter Review Committee for another meeting.
Minutes
O’Connell moved to approve the February 16, 2005 minutes as amended; Parent seconded; the Board approved the amended minutes 4-0-2 (Brown and Berry abstaining).
W.H.A.T. Referral from ZBA
Parent recused himself and joined the audience. Jeff Zinn and his attorney Andrew Singer came forward. Also present to answer questions were W.H.A.T. architects, John Freeman and Tom Carlton; Coastal Engineering representative David Michniewicz; William Scully from MASS Transportation; and W.H.A.T. staff member Arlene Kirsch.
The Platt Anderson Freeman Associated Architects’ site plan under consideration was dated 3/14/05. Chair O’Connell stated that this was not an official public hearing, but a referral from the ZBA. Jeff Zinn proceeded to update the Board on the status of the W.H.A.T. project. A change in the site plan had been initiated by an offer from the Wellfleet Fire Department for a 40,000 gallon water storage tank to be located near the Rte. 6 entrance to the property. This would allow W.H.A.T. to eliminate two 10,000 gal. water storage tanks located in the rear, south-west corner, enabling them to add 18 parking spaces to the lot. The 40,000 gal. tank would serve the theater sprinkler system. According to Zinn, it also simplifies placement of the tent by offering a solution to the reserve parking area.
Planning Board reviewed with Zinn and his associates questions raised by the ZBA in regards to parking issues. First PB established that the 250 seat figure for calculating parking spaces was the accurate number. Lisa Brown said that in the case of restaurants, spaces are designated for employees. Those spaces, in the case of theaters, are not specified in the Zoning By-laws.
The second ZBA concern was to differentiate between daytime and night time use of the property. Zinn said that the Cape Cod Commission mandated that no simultaneous use of the post office and theater performances be allowed.
The next item on the ZBA issues was the ratio of required parking spaces to the number of seats. Based on the 250 seat capacity, the 4:1 ratio of parking is 63 spaces. Zinn said with the additional 18 spaces, there will be 74 available parking spaces, which satisfies the 4:1 ratio.
Regarding the parking situation if the proposed Flex Route bus service goes into effect, Assistant Town Administrator Rex Peterson said there was no agreement with the Town yet. Attorney Andrew Singer said that a regional parking lot cannot be designated on private property; Flex Route parking is not built into the W.H.A.T. plans. William Scully said that while the Wellfleet Cultural and Commerce Condominium, owners of the property, will not allow a regional parking lot, there could be a bus stop at the Post Office. The study of bus service to the Lower Cape is on-going, Scully remarked.
The last concern listed by the ZBA was for a definition standard for W.H.A.T. which relates directly to the parking ratio. Brown stated that if ZBA regards the proposal as a theater according to Zoning By-law 6.3.4, the 4:1 parking ratio is adequate. She added that she personally saw this falling under the theater definition. If, on the other hand, the ZBA regards the project under the provisions of Zoning By-law 6.3.13.a, “Other Uses,” W.H.A.T. should put the “paper” parking back into the plan for future development if needed. Architect John Freeman said that with the 74 spaces and 10 additional paper parking spaces the ratio would come out 3:1.
In addition to the parking issues raised by ZBA, Planning Board considered a few more questions. Harriet Miller asked about the sign depicted in a previous plan; Zinn said it was gone. O’Connell commended the crosswalk clearly indicated in the 3/14/05 site plan. Gitlow asked about the possibility of a common, straight-line driveway with the abutting property. From the floor, Gerald Parent explained that the condo owners did not want to give up the buildibility of that portion of the property. Attorney Singer said that present configuration of the driveway serves as a safety feature to slow down drivers entering and exiting the property. Berry asked if paper parking could be added north of the proposed tent location. Zinn said that area was being kept in reserve for parking in the Phase 3
development of the property.
Planning Board will send ZBA a memo regarding the parking issues. Brown summed up the reply to ZBA as follows: If it is considered a theater, the 4:1 parking is adequate; if it is considered an “Other Use,” the paper parking lot should be put back into the plans. Planning Board considered it prudent that W.H.A.T. indicate the reserve “paper” parking on their site plan.
Adjournment
O’Connell moved; Berry seconded; the Board unanimously voted to adjourn 5-0. The Board adjourned at 9:05 p.m.
Respectfully submitted,
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Mary Rogers, Committee Secretary R. Dennis O’Connell, Chair
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