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Approved ZBA mtg mins

Meeting date: 
Thursday, January 19, 2017

Approved

                          

Zoning Board of Appeals

Meeting Minutes

January 19, 2017   6:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Sharon Inger, Manny Heyliger, Mick Lynch, Reatha Ciotti, Don Palladino, Trevor Pontbriand and Sibel Asantugrul.  Attorney Katharine Laughman, Town Council, attended the meeting. 

The meeting was called to order at 6:00 pm.  Chair Roger Putnam moved to go into Executive Session.

            Bruce Drucker             Yes

            Sharon Inger               Yes

            Manny Heyliger          Yes

            Mick Lynch                Yes

            Reatha Ciotti               Yes

            Don Palladino             Yes

            Trevor Pontbriand      Yes

            Sibel Asantugrul         Yes

            Roger Putnam             Yes

 

The public hearings were reopened at 7:00 pm.  

17-03  Julia and David Schwartz-Leeder, 115 E Street, Map 40, Parcel 57:  Application for a Special Permit under WZB 6.1 to construct an addition within the setback.  The Board consisted of Roger Putnam, Sharon Inger, Bruce Drucker, Manny Heyliger and Mick Lynch.  George Avery represented the applicant and gave an overview of the project.  The height of the dwelling will remain the same at 27 feet, there will be increase of 121 square feet, increasing the lot coverage to 14.4%.  There were no letters or objections from abutters.  Bruce Drucker moved for Findings of Fact; seconded by Mick; passed 5-0.

  1. This is an application pursuant to WBZ 6.1 to construct an addition on an existing dwelling which will be within the side setback within the R District.
  2. This is a prior, existing, non-conforming lot.  It is undersize and has non-conforming side setbacks.
  3. According to the Wellfleet Assessor, it was built in 1985.
  4. The proposed addition would add 121 square feet and thus, increase lot coverage to 14.4%.
  5. There will be no change in use.
  6. There will be no increase in use.
  7. The use is permitted in the R District.
  8. There were no objections from abutters.
  9. The alteration will not be more detrimental to the neighborhood than the existing non-conforming structure.
  10. This proposal is not a significant development.

11-25  Cumberland Farms, 2586 State Highway, Map 23, Parcel 39:  Remand Hearing in the matter of Cumberland Farms v. Board of Appeals of the Town of Wellfleet, et al. Appeals Court Decision dated December 2, 2016 in Case No. 16-P-14, on appeal from the Land Court C.A.  No. 12 MISC 459503 (KCL) ordering the issuance of special permits to (1) authorize a filling station use; and (2) add another principal use (the filling station) to the property.  The Board consisted of Roger Putnam, Reatha Ciotti, Mick Lynch, Bruce Drucker and Trevor Pontbriand.  Roger Putnam requested Attorney Katharine Laughman, Town Council, to give an overview of the remand.  She explained the Zoning Board of Appeals has a limited scope on the hearing due to the previous Land Court hearings as well as Appeals Court which ruled in favor of Cumberland Farms.  The ZBA can consider the authorization of a filling station use and adding another principal use to the property. 

Attorney Jamie Veara, representing Cumberland Farms and provided background history of the previous hearings and gave a detailed description of the canopy which will be over the gas pumps.  He explained the fuel delivery timing as well as truck entrance and exit.  Discussion of

Chair Putnam opened the questions / statements to the audience:

  Helen Miranda Wilson spoke as a citizen and expressed concerns regarding trees on the property and that it is not noted on the plans.  Attorney Veara responded that this issue should have been brought up in the 2012 hearings and cannot be addressed at this hearing.  Jude Ahearn stated the stretch of land is dangerous and one person died four years ago and expressed concern with signage.  Bruce Drucker responded that Cumberland Farms provided a traffic study at the Land Court Hearing and the Town did not have a good rebuttal.  The signage will have to comply with the bylaws.  Denise Corbin, neighbor, stated there are issues with 18 wheeler trucks parking in front of her house, making it impossible to see oncoming traffic from her driveway.  Manny Heyliger responded that she should call the police or the DPW.  Janet Reinhart stated she believed DOT should put additional signs in the area, and stated the Cape Commission was going to do another traffic report, as told to the Planning Board at a meeting.  Roger Putnam stated the ZBA was unaware of any other traffic study.  Ms. Corbin stated there is litter in front of her home and there is only one container for garbage at the current store.  Veara stated that is the store manager’s responsibility.  Peter Cook, neighbor, questioned if there will be any sound barrier and was told there is a vegetation plan calling for trees and shrubs. 

 

Roger then asked if the Board had any questions or concerns.  Sharon Inger requested to be recused.  Discussion took place regarding the fuel delivery time which will be 5:00 am to 11:00 pm.  Roger Putnam moved for Findings of Fact;      

Findings

In accordance with the Land Court’s Order and Judgment, the Board hereby adopts the findings of the Land Court’s October 6, 2015 Decision, which is attached hereto and incorporated by reference.

Decision

In accordance with the Order and Judgment of the Land Court, which remanded this matter to the Board for the limited, non-discretionary action of issuing the special permits, the Board hereby votes 5 to 0 issue, pursuant to WZB 5.3.2,  a special permit for a Filing Station, and pursuant to WZB 5.4.13 a special permit to locate more than one principal use and/or principal building on a lot.

Conditions

In accordance with the Land Court’s Order and Judgment, the following conditions shall apply to the Board’s issuance of the special permits:

  1. The project shall be constructed in substantial conformance with the following plans previously submitted to the Board, as referenced in the Board’s 2012 special permit denial decision (the “Project Plans):
  1. Proposed site redevelopment plans, C0.0.1  - Revised January 20, 2012;
  2. Existing conditions/site demolition Plan, C2.0.1 – Revised January 20,2012;
  3. Layout & Materials plan, C 2.1.1 – Revised January 20, 2012;
  4. Grading, Drainage & Utilities Plan, C2.2.1 – Revised January 20, 2012;
  5. Site drainage details, C2.4.1 – Revised January 20, 2012;
  6. Site and Sewage Disposal System Details, C.2.4.2 – Revised January 20, 2012;
  7. Planting Plan revised January 20, 2012;
  8. Schematic Exterior Elevations A2.1 and A3.2 dated September 26, 2011;
  9. Floor Plan and Partition Types A1.1 dated September 27, 2011;
  10. Exterior Building Lighting Plan L1.1 dated September 27, 2011;
  11. Pole Sign Elevation Plan dated October 20, 2011;
  12. Lighting Proposal dated October 2, 2011 (one sheet); and
  13. Fire Suppression Plan of Bohler Engineering dated April 28, 2011 (one sheet).

The plans listed above are hereby incorporated in and made part of this Decision.

  1. The fuel pump island shall be sided in fire-resistant wood (Land Court Decision, p. 25, 58) as depicted on the revised site plan entitled Proposed Canopy Plan and Elevations, CFG12.0 – dated January 10, 2017.
  1. Cumberland Farms has committed to connecting to the municipal water supply and has agreed to further extend the water line along Route 6, at its sole expense, in substantial conformance with the “Plan Showing Proposed Water Main Extension,” C2.3.1 dated January 16, 2012, provided the Town of Wellfleet is able to secure the reissuance of a permit from Mass DOT similar to Permit No. 5-2011-0552 that expires on February 2, 2017.  While Cumberland Farms will bear the expense in connection with the installation of the water line as per Plan C2.3.1, it is the sole discretion, obligation and expense of abutting property owners to connect to the municipal water system.. (Land Court Decision, p. 6, 30). The details of this arrangement are to be memorialized in a separate agreement between the applicant and the Board of Water Commissioners and/or the Board of Selectmen, as appropriate. 
  1. The filling station hours shall be the same as those of the Convenience Store and shall be limited to the hours of 5 a.m. to 11 p.m.  (Land Court Decision, p. 57).
  1. Lighting for the Property shall be extinguished at 11:00 p.m., with the exception of interior light to provide visibility for employees closing the stores.  (Land Court Decision, p. 57).
  1. All fuel deliveries for the filling station shall take place between the hours of 5 a.m. to 11 p.m. (Land Court Decision, p. 57).
  1. There shall be, in accordance with the Project Plans and the findings of the Land Court, a minimum of 900 square feet of plantings in the parking lot.
  1. The number of parking spaces on the Property shall be in accordance with the Final Project Plans and, in no event, shall be less than the required 42 parking spaces depicted on the Project Plans
  1. The Convenience Store and Liquor Store shall conform to all dimensional zoning requirements and be constructed in a colonial “Cape Cod” style with 6” to 8” exterior cedar shingle siding, as depicted on the Project Plan. (Land Court Decision, p. 5, 6, 10, 29).

Business - none         

Meeting Minutes – to be addressed

Roger Putnam moved to adjourn at 9:00 pm; seconded by Bruce Drucker, passed 9-0.

Respectfully submitted,

 

Christine Bates, Committee Secretary