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ZBA Meeting Min

Meeting date: 
Thursday, September 18, 2014

Approved

 

Zoning Board of Appeals

Meeting Minutes

September 18, 2014, 7:00 pm

Wellfleet Senior Center

Attendees: Vern Jacob, Bruce Drucker, Roger Putnam, Manny Heyliger, Mick Lynch, Sharon Inger, and Don Palladino

Regrets:  William Nicholson and Sibel Asantugrul

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

7:01pm

  1. Peter and Claire Watts, 5 Beechwood Lane, Map 12, Parcel 240:  Application for a Special Permit under WZB 5.3.1 for a private farm animal permit to keep no more than 12 chickens (no roosters).  The Board consisted of Vern Jacob, Bruce Drucker, Roger Putnam, Mick Lynch and Manny Heyliger.  Ms. Watts stated the chicken coop was built and in use prior to going before the Board of Health and the ZBA.  She stated one mother chicken was killed and the chicks will not be on her property once she finds them a proper home.  Letters were read into the record, with one abutter objecting and 3 supporting.  Ms. Watts stated the chickens do not make noise from 5:00 pm to 7:00 am and they are going to place trees as a sound barrier for the abutter who had a concern with noise.  The Board did not have any issues with the project.  The Board of Health approved the permit.  Roger Putnam moved for Findings of Fact; seconded by Mick Lynch, passed 5-0
  1. This is an Application for a Special Permit under WZB 5.3.1 for a private farm animal permit to keep no more than 12 chickens (no roosters)
  2. The keeping of 12 chickens on the property has been approved by the Board of Health per its September 12, 2014 letter.
  3. The keeping of chickens is permitted in this District upon the granting of a Special  Permit under WZB 5.3.1 and 8.4.2
  4. The ZBA has made a site inspection of the property.
  5. The use conforms with the objectives of  the District in which the lot is located
  6. There was an objection from one abutter, another abutter wrote with questions and two abutters wrote in support of the application.
  7. 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.

Roger Putnam moved to approve the Findings of Fact; seconded by Mick Lynch, passed 5-0.  Bruce Drucker moved to grant the Special Permit based upon the foregoing Findings of Fact subject to the following conditions:

  1. There will be no more than 12 chickens kept on the premises.
  2. No roosters will be kept on the premises.

seconded by Roger Putnam; passed 5-0.   

 

7:15 pm

  1. Spring Brook Center, Inc., 51 State Highway, Rte 6, Map 47, Parcels 111 and 114:  Application for a Special Permit under WZB 8.4.2 and 5.3.2 (Use Regulations – Commercial) to allow Boat House, Commercial, on a seasonal basis.  The Board consisted of  Vern Jacob, Bruce Drucker, Manny Heyliger, Roger Putnam and Mick Lynch.  Attorney Ben Zehnder and John Vincent, General Mgr of the Spring Brook Center, Inc came to the table.  Attorney Zehnder stated the property has been in operation since 1957 and requested an additional use of storage for boats.  Attorney Zehnder stated it is secure and not visible from Route 6.  He stated there are no conservation concerns.  Mr. Vincent stated the boats will fit between the speakers and there will be no additional construction on the property.  There will be no maintenance service on the boats and this will be for seasonal use only.  Attorney Zehnder stated they will require a certificate of insurance from boat owners and property owners will have insurance for any potential leaks, etc.   The Board had no issues with the project.     Bruce Drucker moved for Findings of Fact; seconded by Roger Putnam; passed 5-0.
  1. The properties comprise approximately 25.5 acres of land in the Commercial Zoning District.
  2. The applicant has owned the properties and operated the businesses thereon continuously for over 58 years.
  3. The properties are improved with a drive-In screen and parking area, drive-in restaurant building, playground, office building, drive-in ticket stand, restaurant building, miniature golf area, indoor cinema building and assorted paved and unpaved parking areas.
  4. The properties are used for year-round indoor cinema showings, and for seasonal drive-in movie showings, restaurant, miniature golf and flea market operations.
  5. Applicant proposes to use the drive-in area and the westerly portions of the properties, all as shaded and shown on the applicant’s plan entitled “Site Plan for Spring Brook Center, Inc.” and dated August 15, 2014, for off-season boat and trailer storage.
  6. This use will complement the seasonal uses of the properties in that it will occur when those operations are not in service.
  7. The properties are uniquely suited to this use since the drive-in area is well screened and secured with perimeter fencing and the other proposed areas are well screened with trees and not easily seen from any roadway or other properties.
  8. The properties have good access to and from Route 6, Gill Road and West Road.
  9. The proposed areas are paved and used seasonally for the parking and movement of vehicles, so the proposed use is consistent with existing uses.
  10. Boats will be moved on and off site typically only once each per season, therefore the use is significantly less intensive than the seasonal uses of the properties.
  11. Use of the properties for boat storage is likely to decrease the storage of boats on residential properties and along visible portions of roadways in the Town.
  12. Boat storage will not generate any noise other than the movement of boats on and off-site.
  13. Boat storage is a defined component of “Boathouse, Commercial” which is allowed by special permit in the Commercial Zoning District.
  14. No structures are to be constructed, and therefore the site will look the same as it is presently.

Bruce Drucker moved to approve the Findings of Fact; seconded by Mick Lynch, passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact;  seconded by Manny Heyliger; passed 5-0.

7:30 pm

  1. Truro Ventures, LLC, 724 State Highway, Rte 6, Map 42, Parcel 43:  Application for a Special Permit under WZB 8.4.2 and 5.3.1 and 5.3.2 to operate ATM service business, water ionization and filtration equipment business, coffee storage and distribution business, “handy man” business, and storage of appliances and landscape equipment. The Board consisted of Vern Jacob, Bruce Drucker, Manny Heyliger, Roger Putnam and Mick Lynch.  Attorney Zehnder and Steve DiGiovanni

came to the table and Attorney Zehnder stated this is a request for a use permit in the C2 district, and that Mr. DiGiovanni’s has several businesses and will be leasing a portion of the building.  Attorney Zehnder stated service trades are allowed per the bylaws as well as service trades off site and is consistent with uses in the district.  It is well screened from the highway.  A letter from Donald Thimas objected to the project because of the number of uses and potential signage issue.  Discussion followed regarding the amount of traffic going in and out of the property, summer traffic on Route 6, the potential aromas from the coffee, and the existing sign.  Mr. DiGiovanni stated there will be no public traffic and no commercial or retail traffic, although he would like to have periodic educational classes for 8 people for the ionized water on the property and there will be no sales.  There will be a maximum number of 3 employees.  Sheila Kelly stated she supports the project and feels these businesses are a positive addition to the community, especially the ionized water business.  Attorney Zehnder identified the area of the building(s) to be used.  The trailer is used by the handyman business.  The Board had no objection to the proposed uses.  Roger Putnam moved for Findings of Fact; seconded by Mick Lynch, passed

5-0.:

  1. The property comprises approximately 4.205 acres of land in the Commercial 2 Zoning District.
  1. The property is improved with an approximately 42' x 75' steel framed building, a 48' x 125' steel framed building, concrete material storage bins, a storage shed, and a 15' x 6' office trailer.
  1. The applicant is leasing the entire 42' x 75' building, as well as a 21' x 27' portion of the 48' x 125' building, from the owner Wendon Realty Trust pursuant to written leases.
  1. The 42' x 75' building will be used for the following uses:

Storage and repairs associated with offsite sales and installation of ATM machines and parts;

Storage and repair of water ionizers and water filtration systems associated with offsite sales and installation of water systems and bottled water;

storage of coffee for offsite distribution and sales;

storage of contractor’s tools and equipment for the offsite handyman business;

storage of appliances and landscape equipment for offsite maintenance of rental homes in Truro.

  1. The 21’ x 27’ office area will be used for the following uses:

a)  Administration, bookkeeping and office work associated with the off-site sales and installation of ATM machines, coffee products and water ionizers and water filtration systems.

b)  Classes for no more than eight persons at a time for education about the benefits of water ionization and filtration systems.  There will be three total employees at the site at maximum occupancy.

  1. The 15’ x 6’ trailer will be used for the administration bookkeeping and office work associated with the offsite service trade handyman business.
  1. Under the Bylaws §6.3.8 (Industrial, Manufacture and Wholesale Uses), the proposed uses require one parking space for each three employees based on the maximum number of employees at the site.  The applicant has depicted 14 parking spaces, in excess of the minimum number required under the Bylaw.
  1. Under the Bylaw, the “Industry, Light” use is defined as being the “[f]abrication, assembly, processing, finishing work or packaging in such a manner that noise, dust, odor, vibration, or similar objectionable features are confined to the premises and are in no way objectionable to abutting property.  The applicant’s proposed light industry use of the property involves work on ATM machines and water systems and packaging and storage of coffee products, which does not generate any noise, dust, odor, vibration, or any other similar objectionable feature.
  1. Under the Bylaw, the “Service Trade” use is defined in relevant part as being “[a]n occupation or business which provides service to customers primarily in or on the customers’ homes or premises, including but not limited to such trades as carpentry, masonry, plumbing and heating, electrical work, well drilling, lawn maintenance, and landscape services.”  The  proposed “handy man,” water systems, ATM business, and storage of appliances and landscape equipment for maintenance of rental homes all fall within this use.
  1. These uses will complement surrounding uses, such as the welding and electrician service trades, refuse hauling and snow-plowing uses nearby.
  1. These uses are similar in intensity to the former refuse hauling company operated at the property.
  1. The buildings, driveways and office are well screened from Route 6 and neighboring properties.
  1. The property has good access to Route 6, and the driveway has good sightlines east and west along Route 6.
  1. No structures are to be constructed, and therefore the site will look the same as it is presently.

Roger Putnam moved the Findings of Fact; seconded by Mick Lynch; passed 5-0.  Bruce Drucker moved to grant the Special Permit based on the Findings of Fact; seconded by Manny Heyliger; passed 5-0.

  

Meeting Minutes  - to be addressed at the next meeting.

Roger Putnam moved to adjourn at 8:15; seconded by Bruce Drucker; passed 7-0..

Respectfully submitted,

 

Christine A. Bates

Committee Secretary