 |
Date: December 16, 2004
Time: 7:00 PM
Location: Town Hall Meeting Room
Present: Steve Rose, Chair, David Rowell, Vice Chair, Peter Watts, Robert Hankey, William Nicholson, Trevor Pontbriand, Charles Amsler, Jeffrey Stewart and Sibel Asantugrul. Christine Bates, Committee Secretary
Public Hearings:
7:00 04-18: Wellfleet Harbor Actors Theater, Route 6, Map 23, Parcel 212: Applicant appeals a determination that the proposed non-profit theater use is not a permitted public or semi-public institution of a philanthropic or charitable purpose; Applicant requests a Special Permit under WZB 5.4.13 to allow two principal uses and two principal buildings on one lot in the C zoning district; a Special Permit under WZB 6.3.13 as a Development of Significant Impact to determine that traffic
impact and financial impact studies are deemed unnecessary; Special Permit under WZB 5.2 for a use closely resembling in its neighborhood impacts a use listed as a permitted or authorized use under special permit in the Commercial Zoning District; and Special Permit under WZB 6.11 to allow the conversion of the property to the condominium form of ownership. (Cont’d from 10/14/04). Members of the Board for this hearing are Steve Rose, David Rowell, Peter Watts, William Nicholson and
Robert Hankey. The following people represented WHAT :
Andrew Singer, Attorney, Tom Carlton, John Freeman, David McNevish, William Sculley and Jeff Zinn. Andrew Singer gave an overview of the project, stating the Cape Cod Commission issued and approved a hardship for the theater. There was discussion regarding the well and septic, of which Singer stated is being reviewed by DEP. The water will be monitored and controlled. If more is used than what is the stated limit, a new septic system will be added. There will be an information center at the theater regarding transportation. Police will be utilized as deemed necessary by Chief Rosenthal for traffic. Singer stated the Master Deed and Declaration of Trust were written in proper form, the traffic
study presented was accepted by CCC, two new storage well water tanks will be installed for the sprinkler system, heating will be propane gas with an oil fueled generator. Building will be within all setbacks and heights with lot coverage within limits. Performances will start and end at different times for the theater and the tent to avoid parking and traffic issues. A letter from property owner, Gerald Parent, was read into the record granting permission for the theater and any needs it may have. Singer stated there is an oral agreement for the easement of the well with Howard May approving the easement. A formal letter will be forthcoming. Steve Rose asked Singer how the Board could be assured the plans presented to the ZBA are the same as what was presented to the Cape Cod Commission. Singer stated any changes made to any plans will go back to the Commission for their approval. An extensive discussion took place
regarding traffic and the various egresses to the site. Bill Sculley stated 90% of the traffic will be taking a right hand turn out of the theater (heading north). Hankey has a concern with traffic turning toward Wellfleet Center (or taking a left) going through the former IGA parking lot. Rose stated he has been asked about the parking situation from abutters and their concerns regarding safety. Rose feels the opening between parking lots should be blocked off. Rowell questioned the parking analysis provided; a letter from Parent stated there are 63 parking spots available during the day and the theater will only need 54 spots for the productions (based on 4 people per car). The Board questioned if 54 spots would be adequate with two shows going at the same time. Zinn responded they could build the overflow parking area as depicted on the plan, but the Cape Cod Commission states the less asphalt the better. There is no
formal agreement with the abutters for use of their parking lot. The tent will be located in the setbacks and would require a permit.
The Board requested the following additional materials:
· A scaled plan showing the site, building plans, etc. (13 copies for ZBA and 8 copies for the Planning Board.
· A plan showing existing conditions in the Post Office Building (complete floor plans of both the first and second floors) for the condominium conversion.
· Requested the temporary tent be placed outside of the setbacks (include water easement as well).
· Rose questioned if a new egress could be made with the abutter to form only one egress of which Sculley did not know if that were possible. It was determined a discussion would take place with Chief Rosenthal.
Amsler stated there is a 40 foot right-of-way arrangement with Maude Arnold, an abutter and will produce a document. Members of the audience spoke of their support. Rose stated the condominium documents will be forwarded to Town Council and Singer stated there will be some changes. Rose stated the Board would require finalized paperwork. Stewart noted Section 9, Page 6 of the Cape Cod Commission Decision left several conditions up to WHAT regarding transportation issues. Based on the additional information the Board has requested by January 13, 2005, Rowell Moved to continue the hearing to January 27, 2005; Seconded by Robert Hankey;
Passed 5-0.
8:35 04-46: Ward and Marylou Theilman, 1100 Browns Neck Road, Map 7, Parcel 72: Special Permit under WZB 6.1.5: extend kitchen out 8 x 10 which would place small portion in setback (Cont’d from 10/28/04). Members of the Board for the hearing were Steve Rose, David Rowell, Peter Watts, William Nicholson, and Trevor Pontbriand.The Board received a request from the Theilman’s to continue the hearing. David Rowell Moved to continue to January 27, 2005; Seconded by Robert Hankey, Passed 5-0.
8:40 04-56: Todd E. LeBart and Hugh L. Dunbar, Jr., Cahoon’s Hollow Road, Map 17, Parcel 8: Application for a Special Permit under WZB 6.1.5.1.b and 8.4.2: Demolish two cottages and replace with two new cottages. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and William Nicholson. Chet Lay, Architect and Todd LeBart presented an overview of the project. A letter received December 16, 2004 from Michael B. Murray of the National Park Service was read into the record with their opposition to the project. A letter from Building Inspector, Paul Murphy, dated May 3, 2004, was read into the record where he stated it is
his opinion that the parcel is not a cottage colony as defined in the bylaws but a parcel of land with two dwellings thereon; and knows of no restrictions that limit the use of the dwellings to seasonal only. Discussion took place regarding the reclassification of the parcel with the Park. Jack McCormick, Attorney
for abutter Shirley Jones, stated his concerns about non-conformity of the property and the hardship it will create for his client in the possibility of losing views. Chet Lay stated the proposed plans will lessen the non-conformities by moving the dwelling more out of the setbacks. Discussion took place regarding alternative buildings such as a townhouse design. Kevin Cody, abutter, stated his concerns regarding height of the proposed buildings as well as the potential for how many people will reside in the buildings during the summer season. He stated he has no opposition if they were to repair the current buildings and keep the same footprint. Rose stated he is concerned about the number of decks in the proposed plans and that the proposed plan appears it could be more of an intrusion on neighbors. Robert Hankey Moved to continue the hearing to
February 10, 2005 to allow the applicant to have a discussion with the park, as well as provide plans which identify elevations with full site plans of existing buildings and proposed buildings; Seconded by David Rowell; Passed 5-0.
Sibel Asantugrul Moved to adjourn meeting at 9:30 pm; Seconded by Trevor Pontbriand; Passed 9-0.
Respectfully submitted,
Christine Bates
Committee Secretary
| |
