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Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: December 1, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees:Bruce Drucker, William Nicholson, Roger Putnam, Tom Reinhart, Mick Lynch, Sharon Inger and Christine Bates, Committee Secretary.
Regrets: Vern Jacob, Manny Heyliger and Robert Hankey
Vice Chair Bruce Drucker opened the meeting at 7:00 p.m. and stated the meeting was being recorded. He gave an overview of the agenda and the business meeting.
Public Hearings:
7:04 pm
11-24 Daniella Schutzengel, 1532 State Hwy, Map 30, Parcel 30:~ Application for a Special Permit under WZB 5.3.2 and 8.4.2 for the operation of an animal hospital
The Board consisted of Bruce Drucker, William Nicholson, Tom Reinhart, Roger Putnam and Sharon Inger. Attorney Ben Zehnder represented the applicant and gave an overview of the project, stating there will be no changes to the structure other than a doorway and landing which will provide access to her mobile van used for surgical procedures for animals. A letter from Health Agent Greenberg-Lemos was read into the record stating any necessary changes to the septic system will be complete prior to the opening of the veterinarian hospital. The oak trees will remain on the property. The applicant was asked if there would be a crematory and she stated no. Roger Putnam moved for Findings of Fact:
1 Under WZBL 5.3 an animal hospital is an authorized use pursuant to a special permit in the Commercial District where the property is located
2. The proposed use conforms with the objectives of the Commercial District as stated in WZBL 3.2
3. The proposed use will contribute to the diversity of year round services available in and around Wellfleet.
4. There are various other commercial uses in the vicinity of the property, including a dental office, retail establishment, restaurants, a general store, a barber, an attorney, a realtor, a garden center, and an automobile repair shop.
5. The property fronts Route 6 to which it has direct access which is more than adequate access for the proposed use.
6 The proposed use will involve the full-time and part-time employment of residents
7. The proposed use will not add to congestion in the neighborhood.
8 There was no objection from the abutters.
9. The proposed use of an existing building will not affect views, scenic or otherwise.
10. After considering the District Objectives for the zoning district as provided for in WZBL 3.2 and the relevant criteria set forth in WZBL 8.4.2, the Board finds that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.
Roger Putnam moved the Findings; seconded by Nick Nicholson; passed 5-0. Bruce Drucker moved to grant the Special Permit based on the Findings; seconded by Roger Putnam; passed 5-0.
7:00 pm
11-25 Cumberland Farms, Inc., 2586 State Hwy, Map 23, Parcel 39: Application for a Special Permit under WZB 5.3.2 for Retail / Business, Filling Station and Liquor Store, WZB 5.4.13 more than one principal use and/or principal building on a lot, and WZB 6.6.3.15 minimum curb radio.~ Attorney Jamie Veara requested a continuation to December 15, 2011. William Nicholson moved to continue to December 15, 2011; seconded by Roger Putnam; passed 5-0.
7:15 pm
11-26 Z Donut Co. (Dunkin Donuts), 2393 State Hwy, Map 23, Parcel 211: Application for a Special Permit under WZB 5.3.2 and 8.4.2 for Drive-Up window for existing coffee and donut business. The Board consisted of Bruce Drucker, William Nicholson, Mick Lynch, Roger Putnam and Sharon Inger. Attorney Ben Zehnder, owner George Zagrafus and Dave Michniewicz of Coastal Engineering participated in the presentation. Mr. Zehnder gave an overview of the bylaws and read definitions of uses. He stated the bylaw
change last April 2011 does not apply due to an ANR (approval not required) which was endorsed by the Planning Board on January 5, 2011, prior to the publishing of the proposed new bylaw changes in February by the Planning Board banning drive up fast food restaurants. Acting Chair Bruce Drucker stated he had consulted with Town Counsel regarding the ANR and gave a brief explanation of the ANR process and how it affects this hearing. The Board agreed this application is governed by the Wellfleet Zoning Bylaw applicable on January 5, 2011 when the Wellfleet Planning Board endorsed the ANR plan.
Mr.Zehnder distributed the applicant’s proposed Findings of Fact to the Board and reviewed each one. He distributed photographs of “before and after” Dunkin Dunuts came to the shopping plaza and the upgrades made. Mr. Michniewicz of Coastal Engineering gave an overview of the proposed changes to the parking lot, identifying the safety hazards with the existing parking lot. A new catch basin will be installed at the back of the building.
The transition grade from the window to the curve will be approximately 13%. Both Attorney Zehnder and the Acting Chair reviewed bylaws for clarification. It is anticipated 30 to 50% of the business will be with the drive-in window. There was further discussion regarding the traffic flow, the definition of a drive –up window, the original special permit for the restaurant with outdoor seating and the applicant’s proposed Findings of Fact. Mr. Zehnder described the benefits of the Dunkin Donuts and the drive up window which included, the employment of 12-20 persons, the employment of an additional 2-3 people for the drive up window, the drive up window will allow persons who are unable to walk from their cars to the Dunkin’ Donuts the opportunity to purchase product from their cars, the proposed landscape features will slow and control traffic within the site, the existing parking lot had been improved by the applicant and the site cleaned up, and the proposed site plan will move
handicapped spaces from near Cove Road to the immediate front of the building. Mr. Zehnder also referred to the drive up windows at two banks in Wellfleet which he said did not create any traffic problems. Acting Chair Drucker pointed out that some of the benefits to the project described on the applicant’s behalf related to the existing Dunkin Donuts business rather than the proposed drive-up window.
Acting Chair Drucker read letters of objection from: Shira Sands, Mark Gabriele, Kathy Lanning, Barbara Weissman, Norman Pellegrino, Robert Read, Jeffrey and Marilyin Blaustein, Jim and Marcia Arnold, Richard Dimock, and Louise Johnson and Jill Havens. Janet Morrissey read a letter on behalf of herself and John Morrissey. Dan Silverman read a letter on behalf of himself and Janice Gray. Mr. Silverman stated Mark Vincent, Director of the DPW expressed concerns with the drainage issues at the back of the property and the shedding of water on Cove Road. The objections expressed in the letters included: traffic, noise, change the character of the town, impact to neighborhood, visual impacts, drainage, cars running, pedestrian / bike safety, lighting issues, delivery times, traffic congestion on Cove Road and how this proposal would affect other businesses. A letter from Richard Stevens, Building Inspector, stated the traffic flow in the parking lot would be improved with the new
plan.
There then followed comments from the audience in opposition. The speakers included Betsy Williams, Nate Johnson, Brent Harold, Sandi Blavey, Gooz Draz, David Agger, Fred Magee, Janet Reinhart, Lisa Toomey, Rick Sacola, Dana Francheeto, Berta Bruinooge, Steven Russell, Marie Pelligrino, and Dick Morrell. Concerns expressed included traffic, the Dunkin Donuts business adversely affecting other restaurant businesses, what does Dunkin Donuts do for the town, impact to Mass Appeal, history of being a bad neighbor with regards to construction early in the morning, lights on early morning, dumpster pick up at 5:30 am, trash in neighborhood, the Board cannot compare a bank drive thru and a Dunkin Donuts drive thru, lighting will be a problem, signage for ordering, speakers used for ordering being heard by abutters, tip
money for local businesses, tax money to the town, parking for employees in the plaza, drainage issues with potential pollution, the will of the town regarding fast food restaurants as expressed in the new by law, Wellfleet is not any run-of-the-mill town and this will change character of town, people like using the lot for pedestrian and vehicular access to the post office, the drive in window will not provide foot traffic to the other business in the shopping plaza, the design is not suitable for Wellfleet, concern with blocking lane of cars accessing Route 6 , the design prohibits people on Cove Road from walking through the parking lot, the ordering area is approximately 60 feet from Cove Rd and could cause backup on Cove Rd and Route 6, more difficult to get to Post Office and WHAT, only one bathroom each for men and women, the need for a traffic study, an immediate abutter stated there is lighting coming into her windows, questioned the hours of the
business, number of cars on Cove Road during the high season, glare and lights from cars using the drive up window, Wellfleet is “not” Yarmouth, concern this could become a 24 hour operation, abutter concern with access out of her driveway, property values would decline, and barking dogs in the neighborhood due to the new activity.
Nate Johnson submitted a petition objecting to the project signed~ by 300 + people.
Acting Chair Bruce Drucker adjourned the hearing at 8:58 pm for a short recess, reopening the meeting at 9:10 pm.
George Zagrafus stated he has lived on the Cape for 23 years, that he cares about the towns his businesses are in, his family, and friends. He stated he feels the Wellfleet store is running properly and that local people patronize the store yearly. He stated he will take care of any problems that he is made aware of.
Acting Chair Drucker asked the Board for any further comments. Roger Putnam stated he doesn’t feel the total traffic will change on Rte 6, noise may be a factor for abutters, is troubled by lights and wants to consider everything, Sharon Inger stated she cannot see the benefits to the town; Tom Reinhart doesn’t see any benefit for the town: Mick Lynch feels there should be some changes to the proposal but could be in favor of the project, Nick Nicholson has some problems with the project; and, Bruce Drucker stated he will take into consideration all the information and pointed out that under the existing permit the business should not be having deliveries or trash pick up prior to 6:00 am.
Attorney Zehnder requested a continuation to January 5, 2012. Bruce Drucker moved to continue to January 5, 2012; seconded by Roger Putnam; passed 5-0.
Bruce Drucker moved to adjourn at 10:10 pm; seconded by Mick Lynch; passed 5-0.
Other Business
Respectfully submitted,
Christine Bates
Committee Secretary
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