Date: June 10, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, Peter Watts, William Nicholson, Trevor Pontbriand, David Rowell, Jeffrey Stewart, Robert Hankey, Charlie Amsler, Sibel Asantugrul and Christine Bates, Committee Secretary
Steve Rose, Chair, called the meeting to order at 7:30 pm.
Public Hearings:
7:30 #04-08, Rodolphe G. Bessette (Mobil Station): 2683 State Highway, Map 15, Lot 129: Special Permit to convert three-bay repair shop into full convenience store (Cont’d from May 13, 2004). Jerry Bessette represented himself. The Board consisted of Peter Watts, William Nicholson, Sibel Asantugrul, Charles Amsler, and Trevor Pontbriand. Meeting minutes of May 13, 2004 were read. The Board received a letter from the Fire department dated May 24 stating there was no potential hazard with the two storage trailers. Jerry stated the shed will be removed on the back of the building. The main sign will be reduced from 90 square feet to 67.5 square feet. Trash will be placed on the cement slab on the backside of the building. The stars on the plan
depict lighting locations, with no additional lighting to be added. David Rowell asked for a clearer definition of the Remediation Compound to which Jerry stated it is an electric furnace in the event of electrical loss. Jerry stated the store will be open for 24 hours each day. Steve Rose asked for findings of fact:
1. The site plan presented covered everything the Board requested.
2. Signage is approved.
3. There is adequate parking for patrons.
4. The site has conforming setbacks for the frontage, lot area, and district.
5. There is a change in use.
6. A convenience store is less hazardous to the area.
7. The reduction in signage will make property more conforming.
8. Will offer more employment to local community.
Peter Watts Moved to accept the Findings of Fact; Seconded by Trevor Pontbriand, Passed 5-0.
Peter Watts Moved to approve the grant the Special Permit with the following conditions:
1. Trash will be confined in an enclosed dumpster.
2. No more than two storage trailers will be allowed on the property.
Seconded by Trevor Pontbriand, Passed 5-0.
7:48 #094-16: Amy Wolf, 65 Old Wharf Road, Map 36, Lot 198: Request for a Special Permit under Wellfleet Zoning Bylaw 6.21: Create an affordable accessory dwelling unit in second floor apartment. Amy Wolf represented herself. The Board consisted of David Rowell, Robert Hankey, Peter Watts, William Nicholson, and Steve Rose. Amy stated the house is a two story home. The second floor was added in 1990. There are two sources of egress which consist of a door off the kitchen and a stairway which leads directly to the front door of the house. The fire alarms are hardwired, but require battery backup. Paul Murphy, Inspector of Buildings, made a site visit and stated an occupancy permit will not be granted unless approval from all necessary departments
and codes are up to standards. It was determined the house is 1,200 square feet according to the plans provided. Steve rose asked for Findings of Fact:
1. The affordable accessory dwelling unit is located within the principal dwelling.
2. The unit is one thousand two hundred square feet of Livable Floor Area.
3. The Affordable accessory dwelling unit within this principal dwelling is pre-existing nonconforming and shall not increase the nonconforming nature of the structure.
4. Owner of residential property will occupy as a primary residence the principal dwelling.
5. Septic system meets current Title 5 standards and was reviewed and approved by the Health Agent.
6. The Health Agent has inspect the premises for compliance with public safety and public health codes and the Inspector of Buildings will inspect prior to issuing Occupancy Permit.
7. No affordable accessory dwelling unit shall be separated by ownership from the principal dwelling unit or principal structure. Any lot containing an affordable accessory dwelling unit shall be subject to a recorded restriction and shall restrict the lot owner’s ability to convey interest in the affordable accessory dwelling unit, except leasehold estates, for the term of the restriction.
Peter Watts Moved to accept the findings of fact; Seconded by Robert Hankey, Passed 5-0. Peter Watts Moved to approve the Special Permit with the following conditions:
The Special Permit conditions that follow shall be deemed an
affordable housing deed restriction in a form satisfactory to the Zoning Board of Appeals in accordance with section 6.21.2 of the Wellfleet Zoning Bylaws. Failure to comply with any of these provisions shall be considered a violation of Special Permit requirements. Failure to comply with any of the provisions may result in fines established in Section 8.3 of the Wellfleet Zoning Bylaws and in enforcement requirement removal of the unit.
1. All occupants of the affordable accessory dwelling unit described herein shall upon initial application and annually thereafter on the first of September, submit to the Town or its agent necessary documentation to confirm their eligibility for the selling unit. Specifically, all dwelling units must be rented to those meeting the guidelines for allow or moderate-income family. For the purposes of this section, low income families shall have an income less than eighty (80) percent of the Town of Wellfleet median family income, and moderate income families shall have an income between eighty (80) and one hundred twenty (120) percent of the Town of Wellflee4t median
family income, as determined by the United States Department of Housing and Urban Development (HUD) Published Income Guidelines, and as may from time to time be amended.
2. Maximum rents for the affordable accessory dwelling unit described herein shall be established in accordance with HUD published Fair Market Rental Guidelines. Property owners are required to submit to the Town or its agent information on the rents to be charged. Each year thereafter on the first of September, they shall submit information on annual rents charged to the Town or its agent. Forms for this purpose shall be provided. Rents may be adjusted annually in accordance with amendments to the Fair Maket Rental Guidelines.
3. The property owner named herein shall complete and submit to the Inspector of Buildings an application for a Building Permit to allow a change in use.
4. The property owner named herein shall obtain a Certificate of Occupancy from the Inspector of Buildings prior to the affordable accessory dwelling unit being occupied.
Seconded by Robert Hankey, Passed 5-0.
A question was asked by an audience member how the owners could be released from the Affordable Housing program. The response was they would have to go to the Assistant Town Administrator.
8:15 CASE #04-17: Wellfleet Harbor Actors Theater, 2357 State Highway (Route 6), Map 23, Parcel 212: Applicant appeals a determination that the proposed non-profit children’s theater use is not a permitted public or semi-public institution of a philanthropic or charitable purpose and Application for a Special Permit under WZB 5.4.13 to allow two principal uses on one lot in the C Zoning District; principal use is to help advance and preserve the art of theater for the education and appreciation of the public and for scholarship as outlined in our Articles of Incorporation as a non-profit charitable organization, and WZB 5.2 for a use closely resembling in its neighborhood impacts a use listed as a permitted or authorized under Special Permit in the Commercial Zoning District.
WHAT is requesting to erect a 70 x 35 foot tent for a Children’s Theater. The members of the Board for this hearing consisted of Steven Rose, Chair; William Nicholson, Peter Watts, David Rowell and Robert Hankey.
Trevor Pontbriand recused himself as an abutter. Jeff Zinn represented the WHAT. Mr. Zinn supplied the Board with a Traffic Impact and Access Study dated December 2002. A proposed well location plan prepared by Coastal Engineering Company, Inc. was also handed out. Zinn stated there will be two productions per year. He stated the theater has been located at Baker’s Field and is a break even venture. He stated they had limitations with the tent, needing to tear down the stage, etc. after each act and having to set up again for the next show. They purchased a tent this year. Zinn explained that in his discussion with Acting Building Inspector Victor Staley, he would need to get a building permit to erect the tent on a temporary basis. Paul
Murphy, the new Inspector of Buildings, informed WHAT they would have to come before the ZBA based on the usage of the property and the length of time the tent would be erected. There is an existing foundation on the property where the tent is to be erected. E-Z Doze It has been contracted to remove the foundation and do excavation work. WHAT had brochures made and rehearsals are taking place for a July 5, 2004 opening. Zinn expressed his concern on the deadline and asked if the Board could expedite the process.
Steve Rose, Chair, stated he had a concern that the application was not filled out by the property owner. Zinn stated there is a purchase / sale agreement with Jerry Parent for the property next to the Post Office. The closing is scheduled to take place on July 15, 2004. The Board requested the owner, Jerry Parent send a letter with his endorsement of the tent being placed on his property.
There was extensive discussion regarding the use of the WHAT offices located on the second floor of the Post Office. The Board was interested in the existing condition of the property based on the history. Questions raised were in regards to water, elevator, are auditions taking place in the building, the understanding that the offices were to be used solely for office staff and not the public, etc. Zinn responded that he met all town compliances when he got the permit to occupy the office area. Auditions are on a schedule and not open to the public. Robert Costa, from the audience, questioned the Board why it was necessary to have to come before the Board at all. Steve Rose explained that the tent was being utilized on Town land at Bakers Field in the past and this request is for use on
commercial property. Robert Costa then questioned the Board why issues on the building are being brought up when there was a tent on the property before for a circus. The Board responded that the circus was in town for three days, not six months. Robert Costa
reiterated the tent is a temporary structure. At this point, Jeffrey Stewart asked the Chair to bring the meeting back to the table for Board discussion.
Jeff Zinn stated the tent will be up for the months of July, August and September. Sibel Asantugrul stated she feels it is important for the Board to understand the property. Paul Murphy stated he felt the intended use would impact the property and involve police, fire, Board of Health, etc. Zinn stated he felt the Board was losing sight of the fact this is for a Children’s Theater. Peter Watts stated he had a concern with the timing of the application being so close for their need to open. Robert Hankey agreed that the filing of the application was putting a great deal of pressure on the Board and perhaps WHAT should consider going back to Bakers Field. Jeff Zinn stated he felt he had followed the procedures, but due to the changes in the Building Inspectors and different answers he received,
the filing is late. Sibel asked for further discussion on use of property. Robert Costa again questioned the Board why there are issues when this is for a tent. He doesn’t feel it will be an impact on the neighborhood nor on the ground water since Porta-johns would be installed.
Peter Watts stated he had a concern regarding the number of cars entering and exiting the parking areas, especially those taking a left out of the parking lot. Zinn stated he had no plans for police at the present time, and when people are leaving it will be past the peak hours of traffic on Route 6. Jeff stated the performances run from 7:30 to 9:00 pm. He stated the tent will hold approximately 75 – 90 people. The traffic study given to the Board is for 250 people which implied there will be no impact to traffic.
David Rowell stated the property already has two uses (US Post Office as well as offices on the second floor). Zinn stated the well in the building is in compliance and that public water is being developed. He will have two porta-johns on the property based on number of people attending the performances.
Again, the issue of traffic safety and parking took place. William Nicholson asked about the access between the former IGA building and the Post Office. He stated he has a concern with the potential of drivers not seeing young people in the lot, exiting at several different areas, and asked if the access between the Post Office and IGA could be blocked to keep the cars in one area. Robert Costa stated he doesn’t feel there is any issue with the parking and that you can’t control the safety of people based on other’s driving skills. Robert Hankey stated he felt Bakers Field offers a safer environment for children. Zinn did not agree with that statement, stating cars parked at Mayo Beach as well as the Harbor parking lot.
Steve Rose concerned about the use of the upstairs of the building, not seeing egresses, wondering if the offices are used strictly for theater business and not auditions and rehearsals. Zinn responded by stating the offices are used for the theater and auditions are part of the employment process. The current offices will also be used for some storage of materials. The new building will have an elevator available for handicap access.
Sibel asked if there will be a tent in use for upcoming years along with the new building. Zinn stated they had not made that decision and would have to get a permit to erect the tent every year. Robert Costa, of the audience, asked why these questions were not being directed to the Building Inspector. Paul Murphy answered it is up to the ZBA to make the decision and the questions were relevant. Zinn stated due to the history of the theater group in Wellfleet and the number of years they have been holding performances, they do not feel there is any danger to patrons. Parents normally accompany their children and the shows are not geared towards teenagers. In regards to auditions, they are scheduled appointments so several people are not in the office area at one time. Paul Murphy,
Inspector of Buildings, stated if auditions are being held, there is a change in use from business use to public gathering based on the bylaws. Arlene Kirsch from the audience and an employee of the WHAT, stated signs located at Route 6 will be used for directing people to the productions and not advertising. Regarding the auditions, there are never more than three or four people at an audition at a time. Patrons have been in contact with WHAT and are anxious for the children’s program to get started. Steve Rose reiterated that he wants to make sure the Board is doing the right thing by not rushing to a decision on this case based on WHAT’s timeframe. Jeff Zinn stated just because the property has a history, it should not affect the current application. He complied with all the Inspector of Buildings (Rick Asmann) requirements two years ago.
David Rowell stated he would like to review paperwork from the past. He feels it is very important to see everything that affects the property today. Steve Rose stated if there is any noncompliance, the Board could decide not to grant the permit. Robert Hankey asked could the Inspector of Buildings do the noncompliance inspection as a condition. Jeffrey Stewart felt there is pressure to make a decision and the Board has not had an opportunity to review the lot plan and traffic impact study handed out at the meeting. Stewart then presented a list of concerns he has such as lighting, food concession, hours of operations, safety of patrons, access/paths to tent and area, landscaping, seating, highway cuts, and what the size and design of the signs would be. Jeff Zinn responded there is existing
electrical hookup available from the office area on the second floor for lighting. The excavation work will make the area safer.
Sibel asked if the performers will change into costumes behind the stage in the tent and the response was yes. William Nicholson asked if a fence could be installed to protect children from going towards Route 6. Zinn responded yes. Zinn stated a hardship would happen if the permit was not granted at this meeting. People would be out of a job and he would have to cancel shows. Zinn stated they previously had a food concession at Bakers Field, but would not have one at this site because the program is only one and one half hours long. Trevor Pontbriand, an abutter, stated the Board should take their time deliberating their decision and not be pressured. Steve Rose asked the Board what they needed in order to make a decision. David Rowell stated again he would like an opportunity to
review the history of the property and look at delineated parking. He is reluctant to make a decision in the event anything goes wrong on the property. Sibel stated her concern regarding the health and safety of the children and that other departments of the Town need to be involved such as the police, fire department, building department and health department. More discussion between Robert Costa and the Board took place in that this is only for a temporary tent and the issues the Board is bringing up will be reviewed when the application for the permanent building comes up. Jeff Zinn stated they will go to the proper Town departments for guidance regarding the safety issues.
David Rowell motioned to continue the case to June 24 to give the Board more time to consider this case. No members of the Board seconded the motion. Charles Amsler requested to see the paperwork regarding the purchase / sale agreement, and suggested Jeff Zinn read restrictions placed on the property. Robert Costa stated he felt it improper for Mr. Amsler to speak based on property history. Steve Rose stated he had checked with various Town officials and Mr. Amsler had the right to speak.
Peter Watts Moved for Findings of Fact; Seconded by William Nicholson.
1. No objections from abutters
2. No use is being displaced
3. The operating hours will not affect daytime activities
4. The removal of the foundation will increase the safety of the property.
Steve Rose motioned for further discussion. Charles Amsler stated he did not believe power could be run from the building to the tent nor could the parking lot be utilized due to Federal regulations the Post Office might impose. Jeff Zinn stated they have their own transformer and the Post Office leases land from Jerry Parent. Discussion was then closed.
Peter Watts Moved to approve the Findings of Fact; Seconded by Steve Rose;
Passed 3-2.
Peter Watts Moved to grant a Special Permit with the following conditions:
1. WHAT get approval from Wellfleet Police regarding all regulations
2. A fence will be installed from the Post Office Building to the south plot line to ensure safety for the children.
3. There will be no food or merchandise concessions. Hours of operation will be from 6 pm to 10 pm Monday through Saturday, restricted to the children’s program. The tent will be erected after the issuance of the Special Permit and taken down on September 30, 2004. Usage is restricted to the children’s program.
5. The public will have no public access to the WHAT offices.
6. Lighting to be installed per regulations and inspection from appropriate officials.
Seconded by William Nicholson; Passed 4-1.
10:30 #04-18 Wellfleet Harbor Actors Theater, 2357 State Highway, (Route 6), Map 23, Parcel 212: Application for a Special Permit under WZB 5.4.13 to allow two principal uses on one lot in the C Zoning District; WZB 6.3.12 as a Development of Significant Impact, and WZB 5.2 for a use closely resembling in its neighborhood impacts a use listed as a permitted or authorized under Special Permit in the Commercial Zoning District, and WZB 6.11 to allow the conversion of the property to the condominium form of ownership. Applicant also applied on an Appeal that a determination the proposed non-profit theater use is not a permitted public or semi-public institution of a philanthropic or charitable purpose. The Board consisted of Steve Rose, Robert Hankey, Peter Watts, David Rowell and William Nicholson. Steve
Rose Moved to continue this case indefinitely as a result of the referral of the project to the Cape Cod Commission as a Development of Regional Impact (DRI); Seconded by Robert Hankey; Passed 5-0. Notification of a scheduled hearing will be sent to abutters.
Business Meeting:
Robert Hankey Moved to accept Meeting Minutes of April 8, 2004; Seconded by Peter Watts, Passed 9-0.
Robert Hankey Moved to accept Meeting Minutes of April 22, 2004; Seconded by Peter Watts, Passed 5-0.
Robert Hankey Moved to accept Meeting Minutes of May 13, 2004; Seconded by Peter Watts, Passed 5-0.
Steve Rose Moved to adjourn the meeting at 10:45 pm; Seconded by David
Rowell; Passed 9-0.
Respectfully submitted
___________________________________ _________________________
Christine A. Bates, Committee Sec’y Steve Rose, Chair
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