Date: June 9, 2005
Time: 7:00 PM
Present: Trevor Pontbriand, Chair, Jeffrey Stewart, Robert Hankey, Peter Watts, William Nicholson, , Charles Amsler. Bruce Drucker, and Christine Bates, Committee Secretary
Regrets: Sibel Asantugrul,
Public Hearings:
7:00 05-20: Emily and Jacqueline Wildes Beebe, 5 Bartlett Road, Map 29, Parcel 96: Application for a Special Permit under WZB 6.1.5: Alteration to a non-conforming residential structure to construct small landing and steps outside of home office, and WZB 6.22.2 Request to hire two (2) part time people in the future for home occupation. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts, and Bruce Drucker. At the site visit, Beebe showed the Board her office area as well as the proposed parking area. She is requesting an egress to the office area from Spring Valley Road. A letter from abutter, Sylvia Apfel dated May 22, 2005 had no objection to the project. Beebe stated she spoke with each abutter, with the
exception of the condo units. Pontbriand stated the building conforms but the lot doesn’t due to size and area. With the proposed deck and steps, it would create a new nonconformity in the side setback. Hankey expressed concern with the traffic pattern on Spring Valley Road and requested Beebe to allow parking in their main driveway. Beebe stated she wants to maximize
the visibility of the business and feels there would be as many hazards backing out of her driveway as the proposed two spots on Spring Valley Road. There was discussion regarding WZB 6.22.2. The Board felt two part time people would be the equivalent of one full time person, meeting the intent of the bylaw. Although the Board saw no problems with the deck, they requested Beebe to build the steps on the side of the deck. Paul Murphy, Building Inspector, has no problem with the project. Watts suggested eliminating the split rail fence on the Bartlett Road side of the property. Pontbriand Moved for Findings of Fact:
1. No volumetric increase to the structure
2. No objection from abutters
3. Not conditioned space
4. Deck and stairs do not count as lot coverage
5. Create full time local employment
Hankey Seconded; Passed 5-0. Hankey moved to approve the Special Permit based on the Findings of Fact with conditions
1. Proposed deck not to extend more then five (5) feet towards Spring Valley Road from the existing structure.
2. Stairs will be constructed within the five foot setback to the side.
3. Split rail fence to be removed on Bartlett Road side of the dwelling.
Pontbriand moved to withdraw without prejudice the second portion of the application regarding two part time employees; seconded by Hankey, Special Permit passed 5-0.
7:22 05-18 Linda J. Connolly and Stephen J. Connolly, 210 West Road, Map 46, Site 26: Special Permit under Chapter 40A: Build a free standing deck. The Board consisted of Trevor Pontbriand, Peter Watts, Robert Hankey, Jeffrey Stewart and Charlie Amsler. A site visit was made. Mr. Connolly gave an overview of the project, stating they own the trailer but rent the site it sits on. A letter from property owners, Harry Parkington and Kathleen Parkington, dated June 6, 2005, was read into the record. They state they wish the applicant’s to withdraw without prejudice based on the fact they were unaware of the project until they received an abutters letter. Attached to the letter were the rules and regulations of the trailer park. Dawn Parkington, manager of the park, stated the rules are attached as an addendum to the lease contract. She would like their attorney to review the plans before any permission is given. Pontbriand explained to the Connolly’s they could either
withdraw without prejudice, or request a continuation for a later date in order to have a discussion with the owners of the property. Dawn Parkington stated she would welcome the discussion. Hankey moved to continue to August 25, 2005, based on the applicant’s request; seconded by Pontbriand; passed 5-0.
7:30 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 existing cottages and replace with two new cottages (Cont’d from 03/10/05). The Board received a letter from Chet Lay dated June 6, 2005 requesting a two month continuation due to lack of plans from the architect. Hankey moved to continue to August 25, 2005; seconded by Amsler, passed 7-0.
7:45 04-21 Thomas A. Edwards, 1562 State Highway, Map 30, Parcel 31: Application for a Special Permit under 8.4.2 and WZB 6.3.2 Commercial Retail Trade Business; and WZB 5.33 Commercial Bulk Storage, Open; and WZB 7.3.3 Business having frontage on Route 6 for sign area. Construct an office and equipment storage building on site for landscaping business. The Board was set with Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, Peter Watts and Bruce Drucker. A site visit was made. Mr. Edwards proposes to build a storage facility and office space on Route 6 for a landscaping business. The building will be wood framed. He will employ approximately 25 people. A letter from Carl Back was read into the record, stating there was no objection to
the project as long as the right-of-way easement was intact for his parents, Guenther and Irene Back, which crosses the front of the Edwards property. Mr. Edwards stated he recognizes the easement and will be happy to abide by it. Liz Solvey, of the audience, questioned the amount of noise the trucks would generate, particularly backing up. Joe Sharp, an abutter, questioned the storage of chemicals and proper disposal. Richard Mason, of the audience, asked about fertilizers and tank and truck washing. Edwards replied that all trucks have the back-up alarm and designed the roadway/parking area of the property to eliminate as much backing up as possible. He stated he will not keep chemicals on the property. Any salt will be stored in a concrete blocked, covered bin. The business does not store fertilizers and maintenance on all his equipment is done at service stations. He stated he will be keeping all remaining trees on the
property as a buffer, and intends on being a good neighbor. He stated the retail business would not go into effect until at least one year. No wood chipping will take place on the property. On the original plan, there is another proposed building. Edwards stated he had an engineer draw up a plan in the event he would like to make additions to the property. He is only applying for the one building located on the right side of the plan. There was discussion regarding landscaping and it was determined the plan is sufficient. The bulk storage would consist of stones, shells, mulch, and woodchips. Edwards stated he may move the storage bins to another location to allow more freedom of movement for the vehicles. Paul Murphy stated the Special Permit should go against the deed and property.
Pontbriand moved for Findings of Fact:
1. The project meets the District’s objectives
2. Contributes to the diversity of services available and local employment
3. No objections from the abutters and applicant agrees to work with abutters on any issues
4. There is adequate parking for the use
5. Access to the property is adequate for proposed use
6. Plan is considerate of the public.
Pontbriand moved to accept the Findings of Fact; seconded by Watts, passed 5-0. Hankey moved to grant a Special Permit based on the Findings of Fact with conditions:
1. There shall be no bulk storage within the setbacks
2. Bulk storage of salt shall be on an impervious surface and covered
3. Bulk storage shall be limited to landscape materials
4. The hours of operation for the business shall be 7:00 am to 8:00 pm, 7 days per week
5. All lighting fixtures shall be directed inward and downward
6. Existing vegetation on plan shall be maintained at a minimum and will not be disturbed or shall be replaced in kind.
Seconded by Pontbriand; passed 5-0.
Robert Hankey left the meeting at 8:55.
8:55 05-22 Wellfleet Harbor Actors Theater (WHAT), Route 6, Map 23, Parcel 212: Application for a Special Permit under 8.4.2 to erect a temporary 70 x 35 foot tent for theater productions for a general audience to help advance and preserve the art of theater for the education and appreciation of the public as outlined in WHAT’S Articles of Incorporation as a non-profit charitable organization, and a Special Permit under WZB 5.4.13 to allow two principal uses on one lot in the C Zoning District; and WZB 5.2 to the extent deemed necessary for a use closely resembling in its neighborhood impacts, a use listed as permitted or authorized under Special Permit in the Commercial Zoning District. Trevor Pontbriand recused himself as an abutter. The Board consisted of Jeffrey
Stewart, Acting Chair for the hearing, Peter Watts, Vice Chair for the hearing, William Nicholson, Bruce Drucker and Charlie Amsler. Jeff Zinn and Andrew Singer represented WHAT. Zinn stated this application is very similar to last year’s, except the theater would like to include a general audience as well as Children’s Theater. The proposed timeframe for the use of the tent would be 60 days, and porta-potties would be utilized. The Children’s Theater will run from July 18, 2005 to September 1, 2005 on Monday through Thursday. Zinn stated they would like the use of the tent for Fridays through Sundays to run such programs as readings, play makers and play readings. There would be no weekday matinees which would conflict with the Post Office hours of operation. A letter from Health Agent Hillary Greenberg agreed to the 60 day time period. Members of the audience supported the tent activities, and stated there were no
problems with traffic. Zinn stated he would supply staff members to monitor the parking lot after the performances to ensure noise levels and moving people out of the parking lot. An announcement will also be made at the end of the performances regarding noise and consideration to the neighborhood. The tent will be placed to the right of the Post Office. A discussion took place regarding the hours conditioned last year and the hours and days WHAT is requesting. Zinn stated he would like the 60 day period to start on July 10 and end on September 10. He also stated he would like to sell bottled water and juice, as well as pre-packaged food. The food would be sold inside of the tent. Stewart asked if they would like to sell WHAT merchandise, to which Zinn stated yes. Stewart moved for Findings of Fact:
1. No objections from abutters
2. No use is being displaced
3. The operating hours will not affect daytime activities of the Post Office
Watts moved to approve the Findings of Fact and moved to grant the Special Permit with conditions; seconded by William Nicholson, Passed 5-0.
1. WHAT will get approval from Wellfleet Police regarding all regulations
2. Prepackaged food and beverage items shall be allowed to be sold within the tent in connection with the performances.
3. Merchandise will be limited to WHAT souvenirs and sold within the tent.
4. All trash will be cleaned up after each performance.
5. Days of Operation: 7 days per week
6. Matinees on Saturdays and Sundays only, not to start before 1:00 pm.
7. Hours of operations for evening performances shall be 6:00 pm to 10:00 pm.
8. There will be no matinees on Mondays, Tuesdays, Wednesdays, Thursdays, or Fridays
9. Tent will be erected prior to July 10, 2005 after the issuance of the Special Permit and taken down 60 days later.
10. The public shall have no access to WHAT offices.
11. Lighting to be installed per regulations and inspection from appropriate officials.
12. WHAT to supply monitoring of the parking area after each performance.,
13. WHAT will comply with local noise regulations.
14. This is a temporary permit for one-year only (2005)
Watts moves to approve the Special Permit; seconded by Jeffrey Stewart, passed 5-0.
Nicholson moved to adjourn the meeting at 9:50 pm; seconded by Stewart, passed 7-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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