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Approved
Minutes of Zoning Board of Appeals Public Meeting
Date: December 15, 2011
Time: 7:00 PM
Location: Wellfleet Sr. Center
Attendees: Bruce Drucker, William Nicholson, Robert Hankey, Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger and Christine Bates, Committee Secretary.
Regrets:Vern Jacob and Tom Reinhart,
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:
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. The Board consisted of Bruce Drucker, William Nicholson, Manny Heyliger, Robert Hankey, and Roger Putnam. Attorney E. Jamie Veara, John Mark of Cumberland Farms and Reggie Donoghue of Coastal Engineering came to the table, and gave an overview of the project and current site plan.~ Mr. Veara stated the current uses of the retail convenience store and liquor store will remain and the addition of the filling station will create a new use. The curb radius has been changed due to the Planning
Board’s recommendation which eliminates the request for a special permit under 6.3.15. The project was unanimously approved by the Planning Board. Mr. Veara stated the benefits to the Town outweigh the detriments by enhancing the food and beverage products, better design of the store with wider aisles making it handicap accessible, and by adding the gas pumps make it a one stop location for cars traveling north. Cars will not have to cross Route 6 to get to the Mobile station, which will make traffic flow safer. Mr. Veara stated underground catch basins will be put in place to increase groundwater recharge. A new title 5 septic system will be installed and the site will receive town water via Cahoon Hollow Road. The properties on the opposite side of Rte 6 will have the ability to hook up to the town water system since Cumberland is paying for the water main to cross Route 6 and pass in front of those properties. All the safety issues
meet state requirements and regulations. The traffic study done by Cumberland Farms stated there will be more trips to the store but it will not affect Route 6 traffic. Mr. Veara stated the new parking lot will offer a safer environment to patrons as well as people trailering boats or campers with the 42 parking spaces. There will be diesel fuel available as well. The lighting of the canopy will be no more than 17 feet high, directed downward, which stays contained on the property and the lights go down after closing the store at 11:00 pm. They are proposing a vegetated screen along the entire back of the property. The deliveries will be made on the south side of the property in a designated area, along with the trash removal. The proposal is for no deliveries before 7:00 am, and the lighting in the back will be as minimal as possible
The Board questioned the request for 5 permits on the one application. Mr. Veara stated there are now only two special permits requested which are inter-related the filling station which requires a use permit and a permit for multiple uses on the same property. There are no use permits for the convenience store or the liquor store. Mr. Veara stated the convenience store has operated since 1979 and the liquor store has operated for more than a decade and therefore, they do not need permits having both been operating for over 10 years.
The Board stated they would want native plants used in the rear buffer and there was concern with the parking area running parallel to Route 6. Discussion took place regarding the height of the canopy over the gas pumps, the number of employees, the hours of operation, the storagebarn’s current and future use, and lighting for the entire property. Mr.Veara stated the Planning Board waived the requirement of a financial impact study; however Mr. Drucker stated he would like to ask the various departments (Police, Fire, and DPW) in the town if they felt there would be a financial impact to the town. Mr. Drucker didn’t feel the traffic study done by Cumberland Farms represented a true example of traffic during the summer, based on hypothetical information and a manual traffic
count performed on October 19, 2010 for four hours. Gary McNaughton, who performed the traffic study, stated they reviewed data from July 28, 2010 from the Cape Cod Commission as well as data collected from other Cumberland Farm locations, which they based their findings on. No traffic count was performed in the summer of 2011. Mr. Drucker expressed concern with traffic turning onto and out of Cahoon Hollow Road and the proximity to PJs. Mr. Putnam requested a comparison of traffic at a Cumberland Farms convenient store versus one with gas stations as well. Mr. McNaughton stated this project has to receive DOT approval.
A memo from the Fire and Police Chiefs dated November 21, 2011 was read. Chief Silverman stated he would like to see the five (5) parking spaces parallel to Route 6 be eliminated because of the proximity of the gasoline pumps. Mr. Veara stated the Board does not have the authority to lessen the number of spaces due to the bylaws. Further discussion took place regarding parking, including pedestrian safety, truck parking, and if people will still utilize the area parallel to Route 6 even though it would not be designated as a parking area.
At 8:45 pm the Board adjourned the hearing for a short break. The Board reconvened at 8:54 pm
Mr. Veara asked if the Board would consider treating the area next to the gas pumps as 5 parking spots based on definition of the bylaw and discussion with the Fire Chiefthereby eliminating the five parking spots parallel with Route 6. The Board stated they would take it under consideration.
Mr. Drucker read the following letters opposing the project: David Reicketts, Pauline and Lisa Gillette, Mary Ellen Delaney, Jane Scherer, Kathleen O’Sullivan, Joe and Maryanne McCaffery, Lynn Ready, and Geraldine Ramer. The issues in the letters included noise, water quality, traffic congestion, gas emissions, too many gas stations close together, lighting in the back to neighborhood, pollution of wetlands, does not enhance the Town, illumination to skyline, trash, replace fencing in back of property, possibility of fuel leak, keep town old fashioned, concerned with size of building, parking issues, quality of life, making left hand turn from side roads, and wetland concerns.
Mr. Drucker also read the Planning Board’s 12/8/11 memo and acknowledged the Planning Board’s contribution on the referral to it of the project as a Development of Significant Impact under the WZBL.
Steve Curley, Brent Harold, Dick Morell, Lydia, David Agger, Sharon Agger, Ted Thomas, Lynn Ready, and David Sullivan expressed opposition. Concerns included if this project would fall under the new formula bylaw, hours of operation, lease on the garage at rear of property, Red Box lighting, traffic in the summer, too many gas stations in one area, problems for people driving south to take a left hand turn into Cumberland Farms, timing of work / demolition, congestion on Cahoon Hollow Road in the summer months, canopy size and lighting, Cumberland affecting other businesses in town, save the cedar trees on the property, wetland issues, change the look of the town, reassurance of the hours of operation, trying to revitalize downtown area, not Route 6,
Mr. Veara stated Cumberland Farms has been in business here for 30 years, and is asking for an additional use which is allowed by special permit. He will agree to a condition that the hours of operation will be from 5 am to 11 pm. There is no intention of leasing out the area where the garage is upon expiration of the current lease. The Rogers house which is to be razed was brought to the attention of the Town and there is no interest in it. There is an open dialogue with the Historical Review Board. Cumberland has no control on adding sidewalks on Route 6. The lighting under the canopy is of different illumination and should not affect neighbors. The site did not require MESA review. Competition with other businesses in town can’t be predicted. By moving
the cedars, there is no guarantee they will survive but Cumberland will make every effort to keep them. The Red Box will remain.
The Board requested the applicant prepare findings and conditions, consider alternatives for the 5 parking spaces parallel to Rte 6 and provide a detailed landscaping plan.
Bruce Drucker moved to continue to February 2, 2012; seconded by William Nicholson; passed 5-0.
Other Business
Bruce Drucker moved to approve the amended December 1, 2011 meeting minutes; seconded by William Nicholson; passed 5-0.
Bruce Drucker moved to approve the amended 11/3/11 meeting minutes; seconded by William Nicholson; passed 5-0.
Roger Putnam moved to adjourn at 10:15 pm; seconded by Mick Lynch, passed 5-0.
Respectfully submitted,
Christine Bates
Committee Secretary
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