Date: June 2, 2005
Time: 7:00 PM
Present: Trevor Pontbriand, Acting Chair, Jeffrey Stewart, Acting Vice Chair, Robert Hankey, Peter Watts, William Nicholson, Sibel Asanturgul, Charles Amsler, Bruce Drucker and Christine Bates, Committee Secretary.
Jeffrey Stewart, Acting Chair for the Wellfleet Harbor Actors Theater, reviewed the meeting process. Trevor Pontbriand, recused himself as an abutter to the case.
Public Hearings:
7:00 #05-19 Wellfleet Harbor Actors Theater, 2357 State Highway, Map 23, Parcel 212: Application for a Special Permit under the provisions of 1) Sections 5.4.13 and 8.4.2 of the Wellfleet Zoning By-Law to allow two principal uses and two principal buildings on one lot in the Commercial Zoning District; 2) to the extent deemed necessary, Sections 5.2, 5.3 and 8.4.2 of the Wellfleet Zoning By-Law to allow and use closely resembling in its neighborhood impacts a use listed as permitted or authorized under Special Permit in the Commercial Zoning District; 3) Section 6.3.13 of the Wellfleet Zoning By-Law for a Development of Significant Impact; and 4) Section 6.11 of the Wellfleet Zoning By-Law to convert the Property to the condominium form of ownership. The Board
for the case is Jeffrey Stewart, Peter Watts, Robert Hankey, William Nicholson and Sibel Asantugrul. Building Inspector, Paul Murphy, was invited to sit at the table as well.
Andrew Singer, Attorney, and Jeff Zinn represented WHAT. Stewart stated letters had been sent from the ZBA to the Planning Board and Board of Health regarding the application. Stewart met with the Chief of Police and received an updated letter from them for the file. Chief Alan Hight stated he would supply an updated letter as well.
Singer stated Zinn and McNevitch of Coastal Engineering met with Agent Hillary Greenberg of the Board of Health. She told them she would not issue a letter until DEP issues a number. She explained to them the procedure would be to issue a decision and put a condition that any and all comments must be obtained before anything is finalized. The applicant proposed the ZBA make findings and issue the Special Permit with the express condition that it is contingent on the findings of the BOH. Watts pointed out the Cape Cod Commission states they have to have all the Boards approval (bylaw under 6.11, obtaining the advice and approval from all of them. Stewart stated the ZBA is in full dialog with all the other Boards and will wait until all findings are made from them before
sending anything to the Cape Cod Commission or issuing a Special Permit. Zinn expressed his concern about the length of time it may take DEP to do their process, and the length of time it may take with the Wellfleet Board of Health. Stewart reiterated the ZBA will not issue a Special Permit conditioned on a decision from the Board of Health..
The Board reviewed drawing SP1, identifying the parking areas, tent location, water tank locations, and easement for the Zone 1 well. Singer noted there are more than enough parking spots with the existing parking and 14 additional spots with the reserve area. He talked briefly about Phase III (under condo language) and stated Phase III is not part of this application, but it must be identified in the condo plans. He stated they have filed an application with MA Highway to do some revisions to improve the safety access (striping of lines, stop signs, etc.). Singer stated an easement with the Chapel will be set up with the Registry of Deeds. The burial area is well marked and located 100 feet up the hill.
A discussion took place regarding the number of performances, number of matinees and hours of operation. Stewart questioned if workshops would be held during the weekday during the Post Office hours. Zinn replied there are generally between 15 and 25 people at workshops ad he didn’t feel it would impact parking at the Post Office during the daytime hours. Singer stated it could be conditioned that a special area be identified for WHAT parking so as not to impact the Post Office. He also suggested adding a condition that the parking be monitored after one year.
Mr. Parent (owner of the property) was asked by Stewart if there is anything that protects the patrons of the Post Office. He responded that they would be protected for the duration of the lease, which will expire when the building is constructed and new negotiations will take place with them.
Transportation
#2: Zinn gave an overview of the seating arrangements (250 maximum) and stated tickets are managed through the box office and would be regulated.
#3: Provisions of parking with regulated parking areas and reserve parking areas.
#4. Pathway – Watts expressed concern about vehicles crossing designated parking areas in the adjacent parking lot and the safety issues involved. Zinn stated he could control the cut on the property line by placing cones as a barrier. Chief Rosenthal told Zinn there have been no accidents in the IGA parking lot. Singer stated a condition could be placed to monitor the adjacent parking lot after one year. Stewart suggested there be a discussion with the police department. The traffic study shows the people will leave in different directions. Hankey expressed his concern for pedestrian safety. Gerry Parent stated there are more accidents in the Post Office parking lot than the IGA. Since performances will be getting out after 10:00
pm, there should be no problem with traffic at that hour on Route 6. Bob Costa stated if new curb cuts were made, it would create new dangers. Joan Wall suggested putting signs or paint in the designated areas for parking.
#5. Bicycle Path – applicant agreed to provide easement along front of property for future bicycle/pedestrian path if Town and State build such a path. Applicant would pay for the path.
#6. Redesign and re-mark site entrance to improve site distances. Applicant met with MA Highway to discuss access to Route 6. He stated new stripes will be added and additional signs for the south bound lane will be added. Zinn stated the Cape Cod Commission wanted the improvements and that WHAT would not get the occupancy permit without doing the work.
#7. Trip reduction plan – Singer read the findings and conditions of the Cape Cod Commission.
Water Resources: referred to the Board of Health. Hankey asked why they were removing the 10,000 tank currently on the property. Gerry Parent stated a new 40,000 gallon tank will be installed in the front of the property for the convenience of the Wellfleet Fire Department. Nicholson asked for an explanation of the proposed storm water run off. Zinn stated it is already in place and is adequate. It gets inspected and cleaned out on a regular basis.
Community Character/Heritage Preservation
#1. Building design, location on property and landscape plan. Architect reviewed the plans. Watts asked if a model was presented to the Town. Zinn stated there is a model available on the computer and a 3-D model was made available to the public. Regarding the landscaping, no parking is in a visible location. Most of the land will stay the same with scrub pine. They would prefer to keep it natural. The only landscaping planned is for the court yard. Hankey suggested trees be planted at the back of the property. Zinn stated there is a fence already in place and there will be noise control. Abutter Hautanen stated the fence is poorly maintained. Parent, owner of the fence, stated there was winter damage and it will be maintained at the
condo expense. He also stated he would place Cyprus trees in the area. Asantugrul questioned if the Fire Department had access to all sides of the building. Parent stated they have reviewed the plans and the 40,000 gallon tank of water is available. He also stated the building has fire suppression. Stewart asked if they would object to plantings to protect neighbor’s privacy. Zinn stated they have sent out a letter to all the abutters for an open discussion. Stewart would like to see some trees in the front of the building (Route 6). The Board will revisit the conditions on landscaping.
Signage – Zinn stated he will apply for permits. He stated the main sign will be approximately 100 square feet with minimal signage for the buildings. Zinn stated there will be graphics / images on signs, in keeping with the community standards and will conform to set backs.
Exterior lighting – All lights will be shielded. Some lights will illuminate the building per the Cape Cod Commission conditions. Emergency lights may be installed. Gerry Parent stated there are 6 or 7 down lights at the Post Office now and suggests the ZBA condition any future lights be the same as those on the Post Office. Some lights will be left on for security purposes, but there will be no substantial amount of light in the back. Zinn concerned about security and requested the ZBA to come back to the issue.
Natural Resources/Open Space – the Cape Cod Commission placed restrictive covenants on the open space requirements.
Hazardous Materials – Zinn stated there is a pre and post construction protocol to prevent any spillage. A program to recycle fluorescent lights will be in place. Zinn stated they use conventional materials for the stage, such as latex paint which is kept in a storage area Cape Cod Commission was comfortable with plan.
Noise – Discussion took place regarding the hours outside construction could take place. It was estimated it would be from 7:00 am to 7:00 pm. Paul Murphy will work with the contractors regarding the number of days. It was suggested the contractors meet with the abutters. Parent suggested the contractors meet with the tenants, not the abutters. The air conditioner and generator will be located on the south side of the building. Parent suggested the contractors utilize the proposed tent site as the staging area to keep trucks, etc. from the current parking lot.
Economic Development – Asantugrul asked who supported WHAT. Zinn stated they have 60+ letters of support, with the majority from Wellfleet summer homeowners, as well as support from the year-round homeowners. A member of the audience stated the theater will bring in people in the off season to the area. The Board felt items 2 and 3 (increasing cultural offerings and expanding opportunities to local performing artists) was a subject non-applicable to them.
Stewart stated he would appreciate a definition of “buildings thereon” which is used frequently in the Master Deed paperwork. He stated he received a letter from Building Inspector, Paul Murphy, regarding a discussion Murphy had with Town Counsel. It stated it would be ok to issue the Special Permit with the condition it will only be for the theater, and no future buildings or phases.
Drucker suggested making a finding that the ZBA has no ruling at this time on Phase III. Any future action on the ownership part of Phase III would have to come before a future Board.
The Board reviewed bylaw 5.3.4 (Institutional Uses under Historic, Philanthropic or Charitable Nature). Singer stated use proposed is allowed in this District; therefore, no relief under this by-law is needed. The Board will take this under advisement.
Stewart stated the Board has reviewed the Cape Cod Commission paperwork, the application, and referred the application to the appropriate Boards in Town. He and Watts would like to work on the findings of fact and conditions and address the items at the next meeting. He informed the WHAT applicants that the ZBA will take the application as far as they can and wait for input from the Board of Health and Planning Board. Stewart moved to continue to July 21, 2005 which will be an inclusive WHAT meeting; seconded by Watts; passed 7-0.
Stewart moved to adjourn at 9:50 pm; seconded by Hankey, passed 7-0.
Respectfully submitted
Christine A. Bates
Committee Secretary
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