Approved ZBA meeting minutes

Meeting date:

Thursday, August 11, 2022

Approved

Wellfleet Zoning Board of Appeals

August 11, 2022 7:00 pm

Zoom Remote Meeting

Attendees Chair Sharon Inger, Trevor Pontbriand, Jan Morrissey, Wil Sullivan, and Andy Freeman,

Regrets: Al Mueller, Manny Heyliger, Reatha Ciotti and Mick Lynch

7:00 pm

22-17 Acadia Healthcare CTC Group (Matthew Davis), 2700 State Hwy, Map 15, Parcel 142, Application for a Special Permit under WZB 5.2 and 8.2: Mobile Clinic to serve as an extension of the fully licensed and registered Opioid Treatment Program provided in Yarmouth. The unit will be parked at the property seven days per week from 6:00 am until 9:00 am and return to Yarmouth. The Board consisted of Andy Freeman, Jan Morrissey, Sharon Inger, Wil Sullivan, and Trevor Pontbriand. Wil Sullivan stated he is on the Board of Outer Cape Health Services but is not connected with this application and feels he can objectively vote. Sarah Turano-Flores, Attorney, represented the applicant and stated Acadia Healthcare is the leading facility for opioid treatment. Matthew Davis, Vice Present Regional Director for Acadia Healthcare, will play a role in presenting the application as well. Ms. Turano-Flores gave an overview of the application and the operation of the mobile unit. The animal clinic opens at 9:00 am and the pharmacy opens at 8:00. The mobile clinic will be located to the right of the building in the graveled parking area. Patients will park their cars and wait for assistance from medically trained employees of Acadia Healthcare as well as security people. People from the Lower Cape are in need of this service as they have to make daily trips to Yarmouth for their treatments. Before opening for operation, Acadia Healthcare will have to receive additional approvals at the State level.

Letters and e-mails of support were received from Representative Sarah Peake, Senator Julian Cyr, the Barnstable County Regional Substance Addiction Council signed by Vira Harik, Lisa Guyon, and Judge John Julian, Lezli Rowell, Provincetown Health Agent, Health Agent Hillary Greenberg-Lemos, Police Chief Michael Hurley, and Fire Chief Richard Pauley. Two letters objecting to the proposed location were received from Mr. and Ms. Giangregorio and Peter and Laura Lindberg.

There will be no more than 5 to 10 patients at any one time as they are set up with appointments. There will be no changes to the buildings, parking areas or the traffic plan. Ms. Giangregorio is concerned with the traffic and parking at the pharmacy at 8:00 am and feels it will be very congested. She questioned if there were other considerations for other sites. Mr. Davis responded that the traffic flow would work best due to the traffic light. He stated there will be a regular flow of patients during the 3 hours, but the process for medication is fast. Mr. Grangregorio stated he has seen several cars waiting for the pharmacy to open. He also stated there could be a level of safety concerns due to people’s age and ability to walk and get around. Mr. Grangregorio recommended a traffic survey prior to deciding. Ms. Lindberg is also opposed to the location due to safety, lack of space, and is an abutter to the property. She is concerned with cars idling. Ms. Turano-Flores stated the security people will control the idling of cars and the van’s motor will not be running. Mr. Cunningam wanted the Board and public to know of his support. Ms. Gordon read her letter, and she didn’t feel the patients would be as comfortable parking at the Police or Fire Department lots. She provided many statistics regarding addiction, treatment, lack of treatment and deaths due to addiction. Ms. Smith, a Social Worker, works with individuals seeking this service and knows how important it is to the community. Mr. Lindberg again expressed concern with idling cars and is concerned with the contamination of the air and environment. He is concerned about trash. He recommended several other locations in town that he feels would be better. Mr. Davis stated that the patients are given rules to follow, and they are only on the property for a few minutes for the service. Ms. Loewenstein urged the Board to approve the application.

Chair Inger opened the meeting to the Board and the following was stated or questioned: Where will the staff for the pharmacy and the animal clinic park (answer: same location as now); the site plan is not complete; a previous Special Permit for the Pharmacy called for jersey barriers and stances. (answer: the shed will be removed; therefore no need for the jersey barriers and the stances will be placed where intended). Alan Hall, Director of Facilities, stated the drive-thru window will be opening in September. Employee parking will remain in the gravel area as well as a parking area for the clinic. The van will handle a maximum of 100 to 150 patients, but they will not be there at the same time. There will be appointments. There are several agencies that must approve this service so they are not quite sure when this will go into effect, possibly in 45 to 60 days. The van can service one to two patients at the same time.

Wil Sullivan stated that other commercial areas do not have traffic control, and this has a traffic light and feels this is a good location. Sharon Inger stated there were no cars in the parking lot when the site visit was made.

Trevor Pontbriand moved for Findings of Fact ; seconded by Andy Freeman. Vote: Sharon Inger aye; Wil Sullivan aye; Trevor Pontbriand aye; Andy Freeman aye; and Jan Morrissey aye. 5-0.

The lot is in the Commercial District.

The property is located on Route 6 and on approximately 1.24 acres of upland. It is currently improved with a single commercial structure which is occupied by the Outer Cape Health Services Pharmacy and the Wellfleet Veterinary Hospital.

The proposed Mobile Clinic will serve as an extension of the fully licensed and registered Opioid Treatment Program provided at the Yarmouth Comprehensive Treatment Center and serve clients on the Outer Cape.

The Mobile Clinic is proposed to be parked at the property seven days a week from 6.a.m to 9.a.m in the gravel parking area located to the south of the building.

There will be no changes to the building footprint or parking areas.

Vehicular access to the location is mitigated by a traffic signal at the entrance to the property.

As regards WZB 8.4.2.1, the use is suitable for the project as it is located in the commercial district and is compatible with other uses on the property. mobile clinic will be staffed with medical personnel and a security officer; the vehicle will have all required alarm and security systems that are required by the DEA

As regards WZB 8.4.2.2, the use will contribute to the diversity of services offered on the Outer Cape. The proposal is for year-round use which will not contribute to peak period congestion as the clinic will operate between the hours of 6 a.m. and 9 a.m. No more than 5-10 patient cars will be on the property at any given time, so the parking is adequate. The vehicle will have all required alarm and security systems that are required by the DEA; patients will remain in their vehicles until called to enter the clinic.

As regards WZB 8.4.2.3, the project will have no impact on existing building or site design. The parking areas to be used exist already on the site.

There ten appearances or correspondence in support of the application.

There were two appearances or correspondence in opposition to the application.

The project has received support from the Wellfleet and Eastham Police and Fire Departments and the Provincetown Board of Health.

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.

Jan Morrissey moved the Findings of Fact; seconded by Trevor Pontbriand. VOTE: Sharon Inger aye; Andy Freeman aye; Trevor Pontbriand aye; Will Sullivan aye; and Jan Morrissey aye.

Andy Freeman moved to grant the Special Permit with the following condition: seconded by Trevor Pontbriand.

The permit is subject to the following condition:

That the mobile clinic not operate until all requirements associated with the Outer Cape Health Services drive-thru window special permit, as noted on Coastal Engineering’s 9/13/2021 reissued site plan C2.1.1, are completed.

VOTE: Sharon Inger aye; Andy Freeman aye; Trevor Pontbriand aye; Wil Sullivan aye; and Jan Morrissey aye.

8:15 pm

22-18 Engel, 43 Hiller Ave, Map 20, Parcel 128, Application for a Special Permit under WZB 6.1.5.1(b) to raze and replace an existing non-conforming dwelling on a non-conforming lot. Proposal will reduce existing non-conformities while meeting lot coverage and building height requirement. The Board consisted of Sharon Inger, Andy Freeman, Trevor Pontbriand, Wil Sullivan and Jan Morrissey. Jim Haggerty, contractor, represented the applicant. He gave an overview of the property and well as the history of the cottage. The new dwelling will reduce the non-conformance. He provided information regarding setbacks and lot coverage. The owners have utilized the cottage for 42 years. He stated there will be erosion control, run off concerns will be addressed, dry wells utilized, etc. He described the construction. Mr. Stamatis, abutter, stated he is not opposed to the project. His house was built in 1956. He wants to make sure the paper road, Pratt Road, which he maintains, will remain in the same condition. He would like to have pictures taken prior to construction and after construction to ensure the road stays in good shape for access to his property. Mr. Haggerty stated they would be happy to take pictures.

Chair Inger opened the meeting for discussion among members of the Board: How did the dwelling go from 2 bedrooms to 3 bedrooms; Mr. Haggerty stated the project is going to the Board of Health with plans for a new septic. If the Board of Health denies 3 bedrooms, they would redesign the interior of the building. The current cottage is 700 sq. ft., and the replacement will be 1,838 sq. ft.

Andy Freeman moved for Findings of Fact; seconded by Wil Sullivan.

1. The application is for a Special Permit to allow the applicant to raze a one-story single-family house and replace it with a two-story single-family house on a pre-existing nonconforming lot which is hereinafter referred to as “the replacement”. Without a special permit the replacement would not be allowed due to the fact that it would result in a volumetric increase within the setbacks.

2.The replacement would not physically encroach further into the existing setbacks and would in fact result in a reduction in the setback non-conformities.

3. The replacement would result in an increase of the lot coverage from 13.4% to 14.75% meeting the current 15% maximum lot coverage allowed.

4. The building height of the replacement property is 27 feet meeting the current 28 feet maximum allowed.

5. The square footage of the existing structure is 706 and the square footage of the replacement structure is 1838.

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

7. There was one request from an abutter.

8. Section 6.1.5.1 (b) The Board finds that the alteration is not substantially more detrimental to the neighborhood than the existing non-conforming structure.

9. The applicable provisions for this application under the town of Wellfleet zoning bylaws are Section 6.1.5.1 b and Section 8.4.2.

10. Section 8.4.2.1:

A. The Board finds that the replacement is suitable in that it is compatible with nearby land uses which would not be damaged by the replacement.

B. The Board finds that the roads, drainage and other public utilities would not be affected by the replacement.

C. The Board finds that the replacement will not contribute to environmental damage.

11. Section 8.4.2.2:

Not applicable

12. Section 8.4.2.3:

The Board finds that the building and site design will not adversely affect scenic views from public ways or neighboring properties.

Jan Morrissey moved the Findings of Fact; seconded by Wil Sullivan. VOTE: Jan Morrissey aye; Wil Sullivan aye; Andy Freeman aye; Trevor Pontbriand aye; and Sharon Inger aye. 5-0

Andy Freeman moved to grant the Special Permit with the following condition; seconded by Wil Sullivan

The permit is subject to the following condition:

The petitioner shall take photographs of Pratt Avenue both before and after the construction and agrees to repair any damage to Pratt Avenue and any improvements thereon to its pre-construction condition. The petitioner shall further file copies of the photographs of the pre-existing condition of Pratt Avenue with the building commissioner prior to commencing construction.

VOTE: Sharon Inger aye, Wil Sullivan aye; Jan Morrissey aye; Andy Freeman aye; and Trevor Pontbriand aye. 5-0.

Jan Morrissey moved to adjourn at 8:45 pm; seconded by Andy Freeman. VOTE: Sharon Inger aye, Wil Sullivan aye; Jan Morrissey aye; Andy Freeman aye; and Trevor Pontbriand aye. 5-0.

Respectfully submitted,

Christine Bates, Committee Secretary

Documents:

Acadia Healthcare CTC Group Application for a Special Permit and back up materials

Engel, Application for a Special Permit and back up materials