Approved 07/08/21 ZBA mtg mins

Meeting date:

Thursday, July 8, 2021

Approved

Wellfleet Zoning Board of Appeals edited

July 8, 2021 7:00 pm

Remote Meeting

Attendees: Sharon Inger, Mick Lynch, Reatha Ciotti, Trevor Pontbriand, Manny Heyliger, Wil Sullivan, Andrew Freeman, Al Mueller and Jan Morrissey

Chair Inger called the meeting to order at 7:00 pm.

7:00 pm

21-17 Batchelder, 405 Wilson Ave, Map 30, Parcel 613: Application for a Special Permit pursuant to M.G.L. c. 40A, s. 6 and WZB 6.1.5 and the grant of a National Seashore Park District Special Permit pursuant to WZB 6.24 to build an attached one-car garage within two setbacks on a pre-existing, non-conforming lot. This is continued from June 24, 2021. The Board consisted of Sharon Inger, Wil Sullivan, Manny Heyliger, Mick Lynch, and Trevor Pontbriand. Attorney Ben Zehnder represented the applicant and requested the application be withdrawn without prejudice. Mick Lynch moved the application be withdrawn without prejudice; seconded by Manny Heyliger. VOTE: Wil Sullivan aye; Manny Heyliger aye; Mick Lynch aye; Trevor Pontbriand aye and Sharon Inger aye. 5-0.

7:04 pm

21-19 Outer Cape Health Services, Inc. 2700 State Highway (Rte 6), Map 15, Parcel 142: Application for a Special Permit pursuant to Sections 5.2 and 8.4.2 of the Wellfleet Bylaw for the addition of a drive-thru window in connection with the existing pharmacy use. Wil Sullivan recused himself. The Board consisted of Trevor Pontbriand, Mick Lynch, Manny Heyliger, Jan Morrissey, and Andy Freeman. Attorney Jean Kampas represented the applicant. Brad Malo[MOU1] , Randy Hart and Alan Hall attended the meeting to answer specific questions the Board may have. Attorney Kampas provided the history of the building as well as topography of the property. The purpose of the drive-thru window is to provide services to people who want to practice distancing, serve handicapped people, people with children, and the general public to eliminate getting out of their vehicles. Brad Malo [MOU2] of Coastal Engineering identified the drive-thru window location, details of the T-base driveway, the dimensions of the width of the driveways, and the proposed exit(s) in front of the building. The parking spaces will be realigned from the north to the south, keeping traffic flowing with a counter-clockwise direction of the building. There will be markings on the driveway to provide directions for clients. There will be no grade or drainage changes to the site. Randy Hart discussed the traffic assessment he did on the property identifying customer activity for the site. There is no expectation the window will increase the customer base or activity on the site. A survey identified the peak hours from 12:00 to 1:00 pm and there was an average of 21 customers per hour[MOU3] . 70% of the store activity is for the pharmacy. An analysis was performed and assume that 50% of transactions might go to the window, they show 11 vehicles would use the window on a regular basis during the peak hours of a Saturday. During the week, it would be less, and the normal transaction is 3.5 minutes. The window could handle 18 transactions per hour, and they don’t anticipate a queue with automobiles. They do not feel traffic going to the window would impact Route 6.

Attorney Kampas reviewed the Wellfleet by-laws and how this property and this activity will impact the town and traffic. This would enhance the services to the town.

An e-mail from Fire Chief Rich Pauley expressed concern with potential vehicles backing up to the front lot entering from Rte 6[MOU4] . Police Chief Michael Hurley expressed the same concern, but was not opposed to the application. Randy Hart stated a car would have to drive around the back of the building and get back in line if there were an issue. [MOU5]

The Board discussed the traffic pattern on the property and expressed concern with the 12-foot width between the front of the building and the parking spots. Vehicles will enter from the right, go around the back and front of the building, and queue for the drive-thru window. There are some structures in the back of the building, one of which will be removed, and the others blocked with jersey barriers.[MOU6] The dirt road exiting on the left side of the property onto Old Kings Highway Road could present hazardous conditions if people try to take a left on Route 6. Dr. John Kelly, a tenant of the building, wrote a letter of support for the project. There was not a previous Special Permit for the Pharmacy because it was a retail-to-retail transfer. [SI7] The driveway will be painted with lines, and the board was concerned people will take an immediate left while entering the property to get to a parking spot. The traffic data gathered was from Memorial Day weekend and could increase during the high months of July and August. The board agrees the drive-thru window will be a benefit to the community. The window cannot be located at the back of the building because it would require new footings/foundation and extend further into the driveway. There needs to be a sign out of the north exit stating no left-hand turn. Brad Malo [MOU8] stated the parking lot is a mirror image of what it was, and the parking spots are 20’ long and vehicles are typically shorter than that. Posts will be put in place to delineate directions. The drive thru will minimize the parking issues experienced and people cannot go directly to the window. Mr. Malo[MOU9] stated the appropriate stanchions need to be in place to ensure emergency vehicles can get on the property. There are 11 delineated parking spots in front and employee parking is on the south side for the 7 employees. There will be an increase of space in the building which will allow more workspace for employees but will not increase the retail business.

Mick Lynch moved for Findings of Fact; seconded by Manny Heyliger. Vote: Trevor Pontbriand aye, Mick Lynch aye, Manny Heyliger aye, Jan Morrissey aye, and Andy Freeman aye. 5-0.

The lot is in the Commercial District.

The property, which contains approximately 1.24 acres of upland, is currently improved with a single commercial structure, built in approximately 1960 per the Assessor’s records.

The applicant seeks to add a drive-thru window to its existing year-round pharmacy on the property to improve access to medicines, particularly for disabled patrons or guardians of children, and to minimize human interaction.

The use conforms with the objectives of the commercial district as stated in WZNBL 3.2.

There was no objection to the project from the police, fire, or DPW.

There was one letter in support of the application.

There were no appearances or correspondence in opposition to the application.

The roads, drainage, and other public services are adequate for the project.

The use contributes to the diversity of services available.

The Board has found that pursuant to WZBL 8.4.2.:

The property is suitable for the proposal and traffic patterns have been redesigned to ensure that all queuing will remain on the property.

Low-intensity rear-round use will contribute to a diversity of services.

The proposal will have no impact on the existing building footprint or parking areas.

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 applicant has demonstrated that the benefits of the proposal will outweigh any adverse effects on the Town and the vicinity.

Mick Lynch moved the Findings of Fact; seconded by Trevor Pontbriand. VOTE: Trevor Pontbriand aye, Mick Lynch aye, Manny Heyliger aye, Jan Morrissey aye, and Andy Freeman aye. [MOU10] 5-0

Andy Freeman moved to grant the Special Permit based on the Findings of Fact with the following conditions: seconded by Mick Lynch. VOTE: Trevor Pontbriand aye, Mick Lynch aye, Manny Heyliger aye, Jan Morrissey aye, and Andy Freeman aye. 5-0.[MOU11]

Condition:

Unless the police or fire chief objects, bollards or stanchions shall be placed along the entire length of the proposed lane striping along the south side of the building where the dive-thru window will be located.

A no left turn sign will be placed at the north exit.

Business:

Chair Inger stated the Town has a new Media Policy which states all Boards, Committees and Commissions record all meetings for the public to view. Since we already have that policy, no action on our part.

Jan Morrissey moved to approve the amended June 24, 2021 meeting minutes; seconded by Trevor Pontbriand. VOTE: Mick Lynch aye; Andy Freeman aye; Wil Sullivan aye; Manny Heyliger aye; Al Mueller aye; Reatha Ciotti aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 9-0

There will be no meeting on July 22, 2021.

Mick Lynch moved to adjourn at 8:15 pm; seconded by Jan Morrissey. VOTE: Mick Lynch aye; Andy Freeman aye; Wil Sullivan aye; Manny Heyliger aye; Al Mueller aye; Reatha Ciotti aye; Trevor Pontbriand aye; Jan Morrissey aye; and Sharon Inger aye. 9-0

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Batchelder: Letter from National Seashore

E-mail from Attorney Zehnder

Outer Cape Health Services: Special Permit application and backup materials, analysis of traffic; e-mail from Doctor John Kelly supporting project