Date: July 21, 2005
Time: 7:00 PM
Present: Jeffrey Stewart, Acting Chair, Peter Watts, William Nicholson, Sibel Asanturgul, Charles Amsler, Bruce Drucker and Christine Bates, Committee Secretary. Vern Jacob sat at the table as well.
Regrets: Trevor Pontbriand and Robert Hankey
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 (Cont’d
from 06/02/05) The Board for the case is Jeffrey Stewart, Peter Watts, William Nicholson and Sibel Asantugrul. Attorney Singer agreed to four sitting on the Board with the absence of Robert Hankey. Attorney Singer and Jeff Zinn sat at the table.
Acting Chair Stewart stated the next dedicated WHAT meeting is scheduled for September 1, 2005. A meeting between himself, Peter Watts, Attorney Singer and Jeff Zinn will take place prior to the scheduled hearing for draft Findings of Facts and Conditions, along with a possible workshop meeting, if needed. Singer agreed to the upcoming meetings and stated if DEP and the Board of Health issues are resolved by September 1, he was hoping for a vote on September 1. Stewart stated the topics for discussion for this hearing are landscaping, parking, traffic, lighting, noise, and “other items”.
Landscaping: Zinn stated the original plan was to keep the landscaping as natural as possible. Frank Corbin, landscaper, will put together a comprehensive plan for new native plantings. Discussions have taken place with abutters located by the main parking lot and WHAT regarding placing fencing along the property line with a maintenance plan for plantings. Stewart stated the new comprehensive landscaping plan would be utilized in the working session as well as be placed
in the file as a revised landscaping plan. Abutter Hautanen is fine with the fencing and asked that it be maintained.
Parking: Discussion took place regarding changing the parking spaces located on the north west side of the driveway (abutter located at 2393 State Highway – former IGA bldg.). Five (5) parallel spaces would replace those depicted on the landscape diagram dated 7/18/05 (LL1 SK). This would be a total of 74 spaces which meets the requirements. Discussion took place about not building the reserved lot at this point in time. Asphalt would be removed from the entrance way by the IGA parking lot and replaced with landscaping, such as a tree to discourage people from parking to the right of the egress. The opening would be enlarged to 16 feet to allow two vehicles to pass through. Stewart asked if Phase III was presented to the Cape Cod Commission, of which Singer
stated no, WHAT would have to go before them again with any changes to the property.
Gerry Parent will request a letter from the owner of the IGA parking lot stating WHAT has permission to utilize the lot for overflow parking. Singer stated if there were a problem, the reserve area could be opened up.
Traffic: Singer stated improvements will be made on Route 6. The 90 degree turn in the driveway will be softened at the entrance area. Stewart suggested widening the entire driveway, but Singer stated it may create safety issues. Amsler questioned why the driveway could not be moved north and straightened out all together. Singer stated WHAT has no legal right to do so, that MA Highway has minimum footage requirements between egresses. Stewart read the letter from Chief Rosenthal dated July 15, 2005. The yellow concrete poles will be removed along the driveway. Singer stated they would look where the drainage easements are located and utilize pervious pavement for water runoff where needed for any additional paving.
Lighting: Zinn stated no lighting will be added to the southwest corner of the parking lot. Nicholson stated he would like to see enhanced lighting at the crosswalks. Zinn replied there are lights and he plans to straighten out the pathway. Parent stated if a new light was located where the mailbox will be relocated, it would be safer for the employees. A timer could be placed on any additional lighting in the parking lot (set for 10 to 20 minutes after the show). David Nevitch stated no lights will spill over into the abutter’s property.
Noise: During the construction phase, rules and regulations will be followed by the building company(ies). Hours of operation will be discussed and the contractors will meet with the abutters, providing a supervisor’s phone number. There will be no outdoor performances. Zinn does not anticipate generating loud noises.
Other: Watts asked what would happen if WHAT fails financially. He felt the Special Permit should be with WHAT, not the property. Gerry Parent stated he feels the Special Permit should go with the property and be on record with the Registry of Deeds. He stated if another group came in for the same use (theater), the same conditions would apply. Singer stated potential buyers would be concerned about a purchase going against a name instead of the property. He stated the Cape Cod Commission would have the authority to determine if this was non-profit or profit and based on use. Singer felt the Cape Cod Commission and the ZBA can enforce findings and conditions and set high standards for the property.
Stewart stated there will be a working session to develop a formal draft for findings and conditions. Asantugrul moved to continue the case to September 1, 2005; seconded by Drucker; passed 5-0.
Nicholson moved to adjourn the meeting at 8:25 pm; seconded by Drucker, passed 7-0.
Respectfully submitted
Christine A. Bates
Committee Secretary
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