Date: July 14, 2005
Time: 7:00 PM
Present: Trevor Pontbriand, Chair, Jeffrey Stewart, Peter Watts, William Nicholson, Charles Amsler, Bruce Drucker, and Christine Bates, Committee Secretary. Also sitting at the table was Vern Jacob.
Regrets: Robert Hankey and Sibel Asantugrul
Public Hearings:
7:00 #05-27 Outer Cape Health Services, 3130 State Highway, Map 13, Parcel 67: Application for a Special Permit under 5.3.4 to expand the uses by adding two office trailers. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Peter Watts, Bruce Drucker and Charlie Amsler. Emily Beebe and Henry Tuttle, Executive Director of Outer Cape Health Services came to the table. Ms. Beebe explained the existing facilities are not adequate due to the growth in population the center is serving. There is an increased need for medical services in the area. The trailers will be utilized for administrative functions, which will allow for increased clinical space in the building. The public will not be utilizing the trailers. There will be no
plumbing in the trailers. The clinic is looking for alternative locations for the future. Ms. Beebe stated the current location might be cost prohibitive to develop due to the wetlands on the west portion of the property and the steep grade at the rear of the property. There is a public water facility in place at the current site. The temporary trailers will be located outside of the wetland and outside of
Zone 1. Mr. Tuttle stated medicine has changed over the years and new services need to be brought to the clinic such as a pharmacy, ability to handle referrals, etc. Dr. Barbara Prasack, an employee at Outer Cape Health Services, stated the work environment is very crowded with up to four people in a room to perform paperwork. The height of the trailers will be approximately 10 feet tall, will be heated by electric heat, and no abutters can view the trailers. The Building Inspector feels this is an expansion of use for the health field. Gary Delius, Treasurer, stated this is only an interim step in getting a new center to accommodate their needs. Marjory Sayre, whose mother gave property to the clinic, stated the clinic has not upheld the original agreement in that they are not
open 24 hours per day, and they sold some of the property. She also stated she feels parking will be an issue. Ms. Beebe presented a copy of the Board of Health letter stating the septic system has to pass a Title V inspection; the trailers are not hooked up to the water source and/or sewage disposal system, the trailers are used only for office space and storage, and the current facility is housing no more than 6 doctors. Pontbriand moved for Findings of Fact:
1. The expanded use is allowed within the district.
2. The trailers will not be utilized for patient’s care or treatment.
3. The current facility is taxed for space and running at full capacity.
4. The trailers will not diminish the existing parking capacity of the facility.
5. The trailers will not hinder the access for the Fire Department, Rescue Squad and Ambulance.
6. The trailers will serve no additional function other than an administrative area for employees.
Pontbriand moved to approve the Special Permit based on the Findings of Fact with the following conditions:
1. Title 5 septic system passes inspection.
2. Trailers are not to be hooked up to water and sewage.
3. The trailers are to be used for office space and storage only.
4. The Special Permit will lapse at the end of 36 months.
5. Each trailer to be no larger than 400 square feet.
6. The clinic is to add three (3) additional parking spaces.
Drucker seconded the motion; passed 5-0.
7:32 #05-17 Jeff Carlson/Bennett & O’Reilly (Zina Miller property), 24 Crowell Road, Map 28, Parcel 145: Application for a Special Permit under WZB 5.4 and 6.15: Demolish existing non-conforming building and rebuild new dwelling on existing foundation on non-conforming lot (Cont’d from 05/19/05). The Board consisted of Trevor Pontbriand, Jeffrey Stewart, William Nicholson, with Charlie Amsler replacing Robert Hankey from the original Board and Peter Watts replacing Sibel Asantugrul (with the approval of the applicant). Matt Farrell of Bennett & O’Reilly represented the applicant. Meeting minutes of 5/19/05 were read into the record. Farrell stated the proposed living space volume is smaller than the existing dwelling, but
decking will increase the overall size. The cellar will be used for utilities and storage (no habitable space). The Board of Health approved three bedrooms. The height of the house is based on the pre-existing grades and pre-existing house. The soil is being tested regularly (2 times per year) and is in a natural attenuation state at this point in time. Two wells were replaced for abutters. one across the street and the neighbor to the right (although there is not proof that the spill created issues). The plume is located toward the south in the middle of the road and is shrinking according to tests. Pontbriand moved for Findings of Fact:
1. There is no objection from abutters
2. The new structure will utilize the existing footprint and foundation.
3. There will be a 2’6” increase in the height of the building.
4. There will be a minor volumetric increase.
5. Board of Health approval of 8/10/04 received with conditions.
6. There will be no increase in use.
Pontbriand moved to approve the Special Permit based on Findings of Fact with conditions:
1. All conditions are to be followed as outlined in the August 10, 2004 Board of Health approval.
Stewart seconded the motion, passed 5-0.
7:59 #05-04 Lucienne R. L. Pinto and Gregory Pinto, Appeal from a Person Aggrieved: Appeal against the Building Inspector regarding failure to stop violations on 85 Old Paine Hollow Road (Townsend property), Cont’d from 05/12/05. At the request of the applicant’s Attorney, Duane Landreth, the applicant requested a continuation based on the absence of two previous sitting Board members (Hankey and Asantugrul). Watts moved to continue to August 11, 2005; seconded by Pontbriand; passed 5-0.
05-09: 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 (Cont’d from 06/23/05). The Board for the hearing was Trevor Pontbriand, Jeffrey Stewart, Peter Watts, William
Nicholson with Charlie Amsler replacing Robert Hankey (with approval from applicant). Richard Marr, Attorney, represented the applicant. Meeting minutes of 06/23/05 were read into the record. The only outstanding issue for this hearing was review of the Master Deed and By-Laws of the Bay Breeze Cottages Condominium Association from Town Counsel with applicant supplying revised documents. Pontbriand moved for Findings of Fact:
1. The proposed use of the premises does not substantially change the then existing use of the premises.
2. The proposed condominium documents (Master Deed and By-laws) explicitly define the proposed use.
3. The condominium documents are written with proper management authority to insure maintenance and repair of public health and safety aspects of real property being converted.
4. The ZBA obtained the advice of the Board of Health and the Planning Board.
Stewart moved to grant a Special Permit based on the Findings of Fact with conditions:
1. Each such special permit shall provide that the condominium documents may not be changed so as to alter the three findings required by the preceding sentence without first obtaining a special permit from the Board of Appeals permitting such alteration.
Seconded by Pontbriand; passed 5-0.
Stewart moved to adjourn the meeting at 8:15 pm, seconded by Watts; passed 6-0.
Other Business:
Stewart moved to approve the Meeting Minutes of May 26, 2005 with amendments, seconded by Pontbriand, passed 6-0.
Pontbriand moved to approve the Meeting Minutes of June 2, 2005 with amendments, seconded by Watts, passed 6-0.
Pontbriand moved to approve the Meeting Minutes of June 9, 2005 with amendments, seconded by Drucker, passed 6-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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