Date: September 1, 2005
Time: 7:00 PM
Present: Jeffrey Stewart, Acting Chair, Peter Watts, Robert Hankey, William Nicholson, Sibel Asanturgul, Bruce Drucker, Vern Jacob, and Christine Bates, Committee Secretary.
Regrets: Trevor Pontbriand and Charles Amsler
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 07/21/05) The Board for the case is Jeffrey Stewart, Peter Watts, Robert Hankey, William Nicholson and Sibel Asantugrul.
Stewart reported that since the last meeting on July 21, 2005, Attorney Andrew Singer, Peter Watts and himself pulled together local findings, combining them with Cape Cod Commission findings. There were two working sessions between Watts and Stewart. On August 31, a meeting was held to review findings and conditions. Stewart stated he wanted to review what input the ZBA has received from other Boards to date, discuss the drawing status, and go through findings and conditions at this meeting.
Watts expressed his gratitude to Stewart for his diligent work on the case.
Stewart stated there are no outstanding issues with the Planning Board. Stewart read a letter from Ed Brown, professional engineer from MS Transportation Inc., dated 8/16/05 into the record with regards to the MHD Access Permit. An Access Permit will not be granted without an affirmative decision from the ZBA; therefore, Brown was requesting the Board to approve the Decision with the MHD Access Permit as a contingency.
The following drawings dated 05/26/05 are acceptable as is: T-1, and EP-1
Drawing SP-1 was revised on 09/01/05 denoting the following changes:
22’ 8” interconnection widened
Walkway straightened on Northside
Dumpster location identified
Radius identified on driveway (gaining 3 feet)
75 Parking spaces identified (excluding reserve area)
Mailbox being moved per Gerry Parent
The septic drawings will be reviewed by the Board of Health.
Drawing DP-1 will be changed to mimic SP-1. Drawings are due to the ZBA and BOH on 9/9/05.
Stewart reiterated he plans to confer with Cape Cod Commission (Martha Heavenor) on the ZBA decision. Alan Platt stated it was not necessary to go to CCC; however, Stewart stated this was his plan from the beginning. Arlene Kirsch, identifying herself as no longer employed by WHAT, expressed her concern Stewart was going to the CCC.
Stewart brought the meeting back to reviewing drawings.
The Condo Site – Phase I – no changes. There was discussion regarding the drawing identifying the potential Phase 3. Drucker pointed out the ZBA would not want to stamp their approval on this drawing because the application does not include Phase 3. Singer stated notes would be put on revised drawings stating No ZBA approval for Phase III. Gerry Parent expressed his desire to keep Phase III in the drawing because it is noted in the Master Deed.
SD-1 will be revised to be consistent with other plans.
LL-1 Landscape will be revised and noted as 2LL-1.
A1-1, A1-2, A1-3, A1-4, A1-5, A2-1, A2-2, A2-3, and A2-4 will have no changes.
The Site Lighting plan is to be revised.
Stewart requested to review the findings:
Transportation: Singer stated the seating numbers might change and wants flexibility in regards to the number of seats in the theater. They want flexibility for wheelchair patrons as well as have removable seats in the front rows. He stressed there will never be more than 250 people on the premises at one time. Watts asked if this would change the water flow or traffic flow. The Board asked Paul Murphy, the Building Inspector, about Building Codes and State Codes regarding the change in seating and approving plans which are flexible. Murphy responded changes can happen and the seating is limited to 250 seats.
Items 5 – 9 of the transportation section are ok.
After a break, the meeting reconvened at 8:15 pm. Singer stated the information provided to him from the Board of Health needed to be reviewed and will be discussed at the Board of Health meeting on September 14, 2005.
Community Character / Heritage Preservation - items 1 -4 are ok.
The landscaping issue was discussed at length. Zinn stated WHAT could not afford to put in all the landscaping at one time due to the cost. He asked for an extended time period to have the planting done. Construction of landscaping will begin within a reasonable time after construction
is complete and will be complete after three (3) years of the Certificate of Occupancy and begin with Areas E and G.
Abutter Hautanen stated he was fine with the fencing as planned at 8 foot high. If he wanted any additional trees planted, it would be his responsibility to plant them on his property.
Lighting issues: Watts questioned if there would be additional ground tracking lights installed due to the ground level changes. A new lighting plan will be submitted.
There will be no changes to the Natural Resources/Open Space findings.
Noise: Items 1 – 4 are ok. Zinn stated the air conditioning unit will be insulated and on a pad away from the main area.
Economic Development: Watts suggested there be a discount to residents of the town. Items 1 – 5 were ok.
All the conditions at this point in time are acceptable. The ZBA will await final approval from the Board of Health.
Nicholson moved to continue the WHAT hearing to September 22; seconded by Hankey; passed 7-0. Stewart stated he would talk with the CCC before September 22, 2005.
Drucker moved to adjourn at 9:05; seconded by Jacob; passed 7-0.
Respectfully submitted
Christine A. Bates
Committee Secretary
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