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Approved ZBA Mtg Mins

Meeting date: 
Thursday, July 19, 2018

Approved

Zoning Board of Appeals

Meeting Minutes

July 19, 2018   7:00 pm

Wellfleet Senior Center

Attendees:  Roger Putnam, Bruce Drucker, Manny Heyliger, Sharon Inger, Mick Lynch, Trevor Pontbriand, Reatha Ciotti, and Trevor Pontbriand

Regrets: Wil Sullivan

7:00 pm

18-12  Outer Cape Health Services, Inc., 3130 State Highway (Rte 6), Map 13, Parcel 67:  Application for a Special Permit under WZB 8.4.2 and 5.3.4 for an approximately 2,500 sq. ft expansion of existing Health Care Clinic in R-1 zoning district, together with expanded parking, drainage, and associated site improvements.  As part of the Special Permit and in accordance with WZB 6.12, applicant seeks approval for alternative parking setbacks/landscaping from 6.12.1 along Rte 6.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch and Reatha Ciotti.  Attorney Eliza Cox, Architect Virginia Branch and CEO of Outer Cape Health Services, Inc., Pat Nadle, came to the table for the presentation.  Attorney Cox gave an overview of the existing property, stating there is approximately 5 acres of land with a wetland in front of the property.  Natural Heritage signed off on the property with “no take”.  There are 25 parking spaces with informal parking spaces at the current time.  Due to the topography, the property is limited in the amount of development.  The expansion for the building will be 2,500 square feet.  The new interior will allow for larger rooms and space for the staff.  Quest Laboratory will be located at the front of the building.  The project was approved by the Conservation Commission, and after review, the Planning Board and Fire Department had no recommendations.  The building will meet all setback requirements.  Drainage will include catch basins.  Lighting will be dark sky and the handicapped area has been improved.  Mick Lynch moved for Findings of Fact; seconded by Sharon Inger, passed 5-0.

  1. This is an application for a Special Permit under WZB § 5.3.4 and §8.4.2 to (i) modernize and renovate the existing health care clinic with an approximately 2,500 sf addition, for a total gross floor area of approximately 7,497 sf; (ii) redesign the parking area to provide 47 paved striped parking spaces; and (iii) associated drainage, landscaping, and site improvements (the “Project”).
  1. The applicant also seeks alternatives to the landscape perimeter specifications set forth in WZB § 6.12.1 as a condition of the Special Permit.
  1. The property is located at 3130 State Highway (Route 6), also shown on Assessors Map 13, Parcel 67 (the “Property”).  The Property is located in the R1 Zoning District.  It is not located within the Wellhead Protection District or the Floodplain District. 
  1. The Property is owned by the applicant, is 4.91 acres and contains an approximately 5,000 sf one-story structure, built in approximately 1965, which is currently used as a health care clinic.  It also contains approximately 25 marked parking spaces, and multiple informal parking areas surrounding the building. 
  1. The applicant is a non-profit, federally designated community health care provider serving the lower and outer-Cape community year round and provides year-round employment.
  1. The Zoning Board of Appeals has reviewed all plans and drawings submitted with respect to this application.
  1. The Property contains 0.37 acres of wetland in the southwest corner, and a portion of the Property is a NHESP Priority Habitat Area.  These factors, coupled with the significant grade variation on the Property, significantly limit the development area. 
  1. The proposed building expansion will meet all setback requirements.  The Project will result in a building coverage of 4%. The Project proposes 47 parking spaces which is the required number under the Zoning Bylaw.
  1. Nearby land uses are a mix of commercial and residential. 
  1. The existing access to the site is adequate and is not proposed to be changed.  The Project includes new and improved drainage and improved fire access. New dark-sky exterior site lighting is also proposed.
  1. The applicant has obtained an email dated July 11, 2018, from Chief Pauley of the Wellfleet Fire Department confirming that he has reviewed the plans and has no objections to the fire lane/access road layout.
  1. Proposed work will largely take place within the existing developed areas to minimize grading and impacts into naturally vegetated portions of the site.
  1. The Project is not expected to increase the number of visits, physicians, or shifts.  It is designed to modernize and renovate the existing space.  There is no proposed increase to the number of exam rooms (currently 9) at the clinic. 
  1. The Project will minimize impacts to the existing views from public ways and minimize the visibility of the parking and service areas as the majority of the new parking is proposed to the side of the building, and the infrastructure will also be located to the side and rear of the building. In light of these factors and the existing vegetation within the Route 6 layout, the Board finds the requested relief may be granted from WZB §6.12.1.
  1. The building facades will be re-faced to improve the streetscape. 
  1. The proposed landscaping, which includes dozens of trees and hundreds of shrubs, provides effective screening, shading, and definition of property lines.  
  1. The Project is not substantially more detrimental to the neighborhood than the existing health care clinic and, in fact, is an improvement aesthetically, environmentally, functionally, and it provides a needed service to the community.
  1. In accordance with WZB §6.3.13, the Planning Board has provided its unanimous recommendation via memorandum dated July 11, 2018, that the Project plans be presented without objection. Based on this recommendation and the Zoning Board’s review of the Project and materials presented, the Board finds that the additional studies referenced in WZB §6.3.14 are not necessary.
  1. After considering the District Objectives for the R1 Zoning District as set forth in WZB § 3.2, and the relevant criteria set forth in WZB §8.4.2, the Board finds that the benefits of the proposed Project outweigh any adverse effect on the Town and the vicinity.

Mick Lynch moved the Findings of Fact; seconded by Sharon Inger, passed 5-0.  Mick Lynch moved to grant the Special Permit based on the Findings of Fact; seconded by Sharon Inger; passed 5-0.

7:20 pm

18-13  Outer Cape Health Services, Inc. 3130 State Highway (Rte 6) Map 13, Parcel 67:  Application for Variance from WZB Section 2.1 (definition of “Parking Space” and Section 6.3 (Parking Requirements) to allow one of the proposed parking spaces at 9 ‘wide by 18’ long rather than 9’ x 20’ as required in the bylaws  Relief requested in connection with proposed expansion of existing health clinic, together with expanded parking, drainage and associated site improvements.  The Board consisted of Roger Putnam, Bruce Drucker, Sharon Inger, Mick Lynch and Reatha Ciotti.  Attorney Eliza Cox, Architect Virginia Branch and Pat Nadle, CEO of Outer Cape Health Services represented the applicant.  Attorney Cox stated the variance request is being requested due to the topography and wetland on the property.  Additional grading would have to be done which would be extremely expensive and due to the expansion, additional parking is required.  There is one parking spot which will be 9’ x 18’, not meeting the by-law requirements.  Pat Nadle explained that during construction, which they hope will happen this winter, patients would be cared for in Provincetown and Harwich.  They anticipate reopening the building in June 2019.  Kathy and Joe Matthews, abutters, questioned Virginia Branch about the lighting and were assured it would not affect their property.  Bruce Drucker moved for Findings of Fact; seconded by Sharon Inger, passed 5-0.

This is an application for a Variance from WZB § 2.1, definition of “Parking Space” and WZB § 6.3 “Parking Requirements” to allow one of the proposed parking spaces to be 9 ft. wide by 18 ft. long rather than 9 ft. by 20 ft., as required by the WZB.

  1. Relief is requested pursuant to WZB §8.4.3 in connection with the applicant’s proposal to (i) modernize and renovate the existing health care clinic through an approximately 2,500 sf addition, for a total gross floor area of approximately 7,497 sf; (ii) redesign the parking area to provide 47 paved striped parking spaces; and (iii) associated drainage, landscaping, and site improvements (the “Project”). The applicant also seeks a special permit, Petition No. 18-12, for the Project.
  1. The property is located at 3130 State Highway (Route 6), also shown on Assessors Map 13, Parcel 67 (the “Property”).  The Property is located in the R1 Zoning District.  It is not located within the Wellhead Protection District or the Floodplain District. 
  1. The Property is owned by the applicant, is 4.91 acres and contains an approximately 5,000 sf one-story structure, built in approximately 1965, which is currently used as a health care clinic.  It also contains approximately 25 marked parking spaces, and multiple informal parking areas surrounding the building. 
  1. The Zoning Board of Appeals has reviewed all plans and drawings submitted with respect to this application.
  1. The Property contains 0.37 acres of wetland in the southwest corner, and a portion of the Property is a NHESP Priority Habitat Area.  Within the proposed work area, elevation varies approximately 24 ft.; throughout the entire site, there is at least a 70 ft. change in elevation, from el. 76 to el. 6.
  1. These unique soil conditions and unique topographical conditions require the redevelopment/expansion area to remain largely within the existing development space.
  1. Three of the proposed 47 parking spaces are handicapped accessible, with one space van accessible.
  1. Out of the 47 proposed parking spaces, 46 of them fully comply with the definition of “Parking Space” in WZB §2.1. 
  1. Only one (1) parking space is less than the required length by two (2) feet, and only minimally noncompliant.  At 18 feet in length, it still provides adequate space for most vehicles.
  2. Providing all dimensionally compliant parking spaces would involve additional grading and retaining walls at a substantial additional expense to the applicant.  It would also result in additional clearing, grading, and impact on the existing natural vegetation.
  1. The Property contains unique soil conditions (the wetland) and severe topography, which specifically affect the Property, but which do not generally affect the R1 Zoning District.
  1. Owing to these unique circumstances, a literal enforcement of the provisions of WZB §2.1 (definition of “Parking Space”) and § 6.3 would involve substantial financial hardship to the applicant.
  1. Desirable relief may be granted without substantial detriment to the public good.
  1. Desirable relief may be granted without nullifying or substantially derogating from the intent and purpose of the WZB.

Mick Lynch moved the Findings of Fact; seconded by Sharon Inger; passed 5-0.  Mick Lynch moved to grant the Variance Request based on the Findings of Fact; seconded by Sharon Inger, passed 5-0.

Business – None

 Meeting Minutes:  Sharon Inger moved to approve the amended meeting minutes of June 7, 2018; seconded by Mick Lynch, passed 5-0.

Mick Lynch moved to adjourn at 7:45 pm; seconded by Sharon Inger; passed 5-0.

Respectfully submitted,

Christine A. Bates, Committee Secretary