Date: March 24, 2005
Time: 7:00 PM
Present: Steve Rose, Chair, David Rowell, Robert Hankey, Peter Watts, William Nicholson, Trevor Pontribiand, Charles Amsler, Jeffrey Stewart and Christine Bates, Committee Secretary
Regrets: Sibel Asantugrul
Business Meeting:
There was discussion regarding the definition of what is an attachment. Some of the responses included walls, weather tight enclosure, enclosed walkway, breezeway with no heat, and mud room. Other definitions arrived at were a glass enclosure not open to weather elements, screened porch, and roof without walls. The Board reached consensus to define attachment as any structure that counts towards lot coverage.
7:15 Public Hearings:
7:15 05-10: John B. Hopkins for Robin Robinson, 252 Baker Ave, Map 15, Parcel 87: Special Permit to add second floor to dwelling. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts and William Nicholson. Due to an incorrect meeting date sent to abutters, Chair Rose Moved to continue meeting to April 14, 2005 in order for abutters to be present at meeting; Seconded by Robert Hankey, Passed 5-0.
Business Meeting Cont’d
Helen Miranda Wilson reported NSTAR will be spraying herbicides and pesticides along the power lines. She referenced Chapter 22, Section 10 regarding drinking water quality and feels we have enough information available to ask NSTAR not to use the hazardous chemicals.
7:30 James and Marianna Ennis, Kendrick Ave., Map 20, Parcel 27: Application for a Special Permit under WZB 6.11: Convert cottage colony to condominium form of ownership. The Board for this hearing is Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson. Arthur Croce, attorney, represented the applicants. An overview of the property was presented, stating there are two units on an undersized lot. A new septic system was installed. There will be no change in use or change in physical structure. There is a remote chance they would be rented out for year round use. There is nothing stated in the deed to stop year-round use since it has been in existence since 1957. The Board stated if one was to become a
year-round rental unit, they would prefer it be Unit A. Rowell stated if they are not identified as cottages, they have the right to be considered two dwellings. He noted the plan did not identify the parking area and the plan required correcting the discrepancy in identifying the buildings. Stewart stated the lot coverage is 23%. The applicant is to supply new plans identifying parking. Steve Rose Moved to continue to May 12, 2005; Seconded by Robert Hankey, Passed 5-0.
7:53 98-18: Harold J. McGinn, 2318 State Highway, Map 23, Parcels 18 and 20: Remand Hearing: Appeals as a Person Aggrieved by Decision of the Building Inspector / Wellfleet Zoning Board of Appeals regarding Uses on the Property (Cont’d from 02/10/05). The Board consisted of David Rowell, Robert Hankey, Peter Watts, William Nicholson and Trevor Pontbriand. The Board received a letter from applicant requesting a continuation. Rowell Moved to continue to April 28, 2005; Seconded by William Nicholson; Passed 5-0. Robert Hankey Motioned to request Michael Ford, original Town Counsel, attend the next hearing; Seconded by David Rowell; Passed 5-0.
8:03 04-18: Wellfleet Harbor Actors Theater, Route 6, Map 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 deem 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 02/10/05). The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson. Trevor Pontbriand recused himself as an abutter. Attorney Andy Singer and Jeffrey Zinn came to the table, stating they feel many of the questions the Board has asked have been addressed (traffic, water, reviewed by Cape Cod Commission, Planning Board, Board of Health, Fire and Police Departments, Health Department, curb cuts, crossover, etc. Zinn stated Chief Rosenthal doesn’t feel there is any problem and there aren't any known dangerous situations. Zinn stated he has no authority to change the IGA property regarding the water supply, and WHAT will be putting in a new septic system. He stated the second floor of the Post Office was properly permitted and all areas are interstructural for a theater use. The parking plan has changed from 74 parking spots to 120
spaces. The tent will be relocated outside of the reserve parking area. There are 189 seats in the year round theater, with the remaining to be allocated to the tent and additional seating in the theater, if necessary, to reach a maximum of 250 seats. Zinn stated the condominium papers have been sent to Town Counsel for review. They asked the Board for findings and grant the Special Permit.
The following letters were read for the record: Emily E. H. Beebe, Health and Conservation Agent, to Jeff Zinn dated March 3, 2005 stating the Board of Health expects to see a final septic system design. A letter from Steve Durkee dated March 10, 2005 to the Board urging the Board to approve the Special Permit; a letter from Judith Davidson dated March 21, 2005 urging the Board to approve; as well as a letter from Fred and Deborah Magee dated March 3 stating the same; and a memo from the Planning Board dated March 17, 2005, responding to ZBA’s letter of March 9th.
Zinn stated WHAT is not requesting any variances in regards to water and doesn’t feel the Board of Health needs anything from them. Rose stated he feels the ZBA needs to see approved plans from the BOH. Rowell stated the plans available now are not engineered plans and the Board requested information on the abutting wells, which has not been provided. David McNevich of Costal Engineering stated the plans are sized to scale, and is sited to comply with all required setbacks. He stated no soil tests had been done since the 80’s, and no 48 hour pump test had been done on the Public Water Supply well. Zinn stated if there are any violations on the abutter’s land regarding the well radius, it is not WHAT’S issue and should not have any impact on this application.
Rowell stated the Cape Cod Commission requires plans showing all wells in the area and WHAT has not supplied this information. Rowell also stated he had concerns on the 40,000 gallon water tank supplied by the Fire Department. Zinn stated the tank will supply WHAT’s fire protection as well as replace the Fire Department’s existing tank to supply the town’s pumpers. Rowell stated there could be a fire at WHAT and a fire elsewhere in town where there would not be enough water to supply both situations. Hankey agreed with Rowell and stated he would like to see the reserve tanks stay at the back of the property. Zinn stated the tank is larger than what the town has now and has the approval of the Fire Department.
Steve Rose suggested the Board review the application for each individual request.
1. 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. Singer stated there was no need to appeal the determination of the Building Inspector. He requested to withdraw without prejudice. Paul Murphy, Building Inspector, stated he never made a determination and felt it would be determined by the Secretary of State office. If they are organized under the laws as a charitable, non-profitable organization, it was fine with him. Zinn stated they have several documents to provide proof, including a certificate of
solicitation which designates them as a charitable organization in Massachusetts.
2. Application requests a special permit under Section 5.4.13 to allow two principal uses and two principal buildings on one lot in the C Zoning District. Rose questioned if it was two principal buildings. Zinn stated it was two principal uses, and two buildings connected by a structure. Rose read the by-laws regarding Intensity of Use. Steve Rose then read 8.4.2 bylaws regarding suitability of the proposed location. There was further discussion regarding the parking. Rowell stated he felt all parking areas should be paved. Zinn stated the new 18 parking lots would be paved. Rose stated he might like to see the reserved
parking area paved because he does not agree that the parking in the former IGA parking lot is a given. A letter from the Planning Board states the parking proposal is adequate. Zinn stated if the mailbox is moved to another location, it would increase parking to 88 spaces which would be a 3-1 ratio parking during the summer months and 2-1 ratio in the winter months. Rowell again re-emphasized his desire for paving the reserve parking areas. Nicholson stated they could paint the stripes for the additional parking and perform an annual review of the parking. Rose stated nothing had been calculated for the employees; Zinn stated they are within the by-laws as stated of 4-1. Rose asked the Board if “uses” would be a separate vote for each building. Board determined not to vote on this until some conditions had been set for other issues.
3. Applicant requests a special permit under Section 6.3.13 as a Development of Significant Impact. The applicant requests a determination from the involved Town Boards that traffic impact and financial impact studies are deemed unnecessary. Zinn stated letters were provided from the three applicable Town organizations. Rowell stated the criteria is for 4,000 square feet and 10 spaces and the proposed structure is 12,000 square feet and perhaps as many as 70 additional spaces. Rowell does not feel the traffic report is not considered an impact study and would want to look at the size and scope of the plan. Watts stated the
Police will monitor the situation and if a special police officer was needed, it would be provided. Rowell stated the letter was from Lt. George White; Zinn stated this was delegated from Chief Hight. Rowell stated he would need to know if the additional charges for a police officer were being paid for by the property owner or the Town. Rose stated that since this is a non-profit organization, and they will be taking over the second story of the Post Office once they are condominiumized, why isn’t the condo drawn to the new building and maintain a lease on the Post Office so the Town does not lose taxes estimated at $3,000. Singer stated you have to condominiumize the whole property, not just pieces and that the owner of the property has made this arrangement with WHAT. Arlene Kirsch, identifying herself as part of the Finance Committee, stated it could not possibly be $3,000 as stated by Rose.
Regarding the police issues, Watts stated we could place a condition the Police Chief invoice the owner of the property if services are required of WHAT.
The Board reviewed Page 6 of the application dated December 16, 2004 outlining the objectives. No votes took place regarding this review.
Singer suggested the Board address “draft” findings and poll each Board member. Rowell stated he would not be polled and was not ready for findings. Singer suggested utilizing the application as a guide for potential findings (Section 1, Page 6). Jeffrey Stewart suggested setting up a process to include the Cape Cod Commission Findings by breaking them down into categories, identifying the Commission Conditions and reference the approved plans by the Commission. He stated it was vital that the Cape Cod Commission see all approved, stamped plans, and be aware of any revisions made since their review.
Steve Rose suggested before addressing the findings, the audience have an opportunity to express their thoughts. Joan Walt suggested the Board move forward as this is a regional benefit to the community; and Mr. Hautanen, abutter, is concerned about the parking, noise factors, and safety (he stated there is substantial noise after the performances when the audience is leaving the parking lot).
The findings of the Cape Cod Commission, starting at Section 9, Page 5, dated November 4, 2004, were reviewed:
General:
G1: Rose stated he has not seen any development or educational opportunities for the children of Wellfleet, therefore, he does not agree with G1. Zinn responded that they have had children’s theater for the last three years. This winter they held a series at Willie’s gym and offered a workshop at that location. Seminars will be held at the Council of Aging at the end of the month. They have also presented “quirky circus” this season. Zinn feels G1 is accurate and will only get better once they have their own space. Arlene Kirsch stated the series held at Willies was a benefit where six charities received money. Stewart recommended making a general statement, then proceeding with findings.
Rose again questioned the amount of seating. Watts recommended identifying 250 seats as the maximum; Rose stated there could be a total of 500 seats available (theater and tent combined). Zinn responded there are 189 seats in the main theater and the tent could seat 100; but they have committed to 250 seats. The courtyard area has no seating. He stated 500 people could go through the property in one day if there were a matinee and a show at night, but only 250 at each performance time. Rowell concerned there could be an overflow with the 250 seats and it would become an enforcement issue. He suggests 189 in the theater and limit seating in the tent to 61 seats. Zinn stated the box office could supply ticket sales data once a year for every show they have for
audit. Helen Miranda Wilson asked the Building Inspector if there is a code to limit the number of people allowed in a room. Paul Murphy, BI, stated the maximum occupancy is calculated by egress components. Fred Magee of the audience stated he feels the theater has a mechanism to keep track of number of people.
Another audience member stated she works as a volunteer coordinator for WHAT and gave a description of an incidence where more people came to an event than they could handle and they turned people away. Stewart stated the Commission accepted 250 people, and the tent, which is seasonal, is planned for 75 to 90 people.
G2. (Hardship exemption). Board doesn’t feel it applies.
G3. (identified as a professional non-profit theater). Board doesn’t feel it applies.
Transportation:
T1. (traffic study) Will come back to address
T2. (crash analysis) Not applicable
T3. (generate new daily and peak hour traffic at egress) This would be a finding, and a condition placed that we will review one year after opening. Parking would be reviewed in one year as well
T4. (Lighting) Finding
T5. (Impact on adjacent roadways) Finding with conditions to include working with MA Highway Dept. to possibly include pavement markings, moving stop lines, additional signage. Watts has concerns about construction and traffic at the Post Office. Could condition regarding start and stop time of builders.
T6. (acceptable sight distances at all site driveways). Finding with conditions (see T5)
T7. (driveway width) Finding
T8. (Trip generation data sources) Finding
T9. (requires all DRI’s to reduce expected daily trips by 25%). Concern regarding potential bus stop. Zinn stated he will have control of the parking lot and enforcement.
T10. (allows for reduction in estimated trip generation) Finding
T11. (Parking) – need to address
T12. Adequate level of service at new driveways and access points onto regional roadway system. Finding with additional conditions
T13. (requires mitigation of all development impacts on regional roadways) Finding with additional conditions.
The Board agreed to devote one full meeting to WHAT, and to address WHAT every two weeks at the end of the meeting, if needed. Andy Singer stated he would be willing to put together the findings and conditions, as presented in the Cape Cod Commission report, for the Board to refer to, of which the Board agreed to. Singer asked if the Board would like it presented as each individual request 4 separate decisions per the application for Special Permits), or to craft one decision so everything is tied together. The Board responded they would like one decision.
Rose asked where is the well on the IGA lot and what kind of control it has on WHAT’s property. Rowell stated he didn’t believe the Board of Health was able to identify where the well is located as they have not been given the information. Andy Singer stated they would get with DEP to determine where the well is located and get with the Board of Health.
Rose Moved to continue to May 12, 2005 for 8:00 pm and an exclusive WHAT meeting on May 26, 2005 starting at 7:00 pm, and if necessary, June 23, 2005 at 8:00 pm; Seconded by Rowell; Passed
5-0.
William Nicholson asked if Maude Arnold’s property was addressed and Zinn stated it was. An easement was not requested within the 10 year period. Stewart referenced G5 which states that all Wellfleet Boards will come back to the ZBA for which we make the decision last. Singer stated there is no action required by any other Board. Rose stated he has been in contact with the Board of Health and they may make conditions on plans submitted to them. Zinn stated Emily Beebe told him because there are no variances required, there is nothing for the Board of Health to rule on. Rose stated they do not have a final plan, therefore, there is no response. Zinn stated Richard Willecke agreed it would not be necessary to submit an engineered septic system plan until
after they got the septic system. Zinn stated he would get a letter from Willecke.
Steve Rose Moved to adjourn the meeting at 10:25; Seconded by Peter Watts; 8-0.
Respectfully submitted,
Christine Bates
Committee Secretary
| 
