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Home My Public Portal AboutZBA 2016-03-16 ORLEANS TOWN CLERK. Orleans Zoning Board of Appeals '16 AY 15 844m/ Minutes March 16,2016 A meeting of the Orleans Zoning Board of Appeals was held in the Skaket Meeting Room at Town Hall. In attendance were D. Beth McCartney,William McCarthy, Bruce Taub, and Peter Jablon. Building Commissioner Tom Evers and Board secretary Sandy Stewart were also present. The meeting was duly noticed. Board Clerk Beth McCartney called the meeting to order at 7:05 p.m. Ms.McCartney read proposed Findings of Fact relative to the Board's decision of March 2,2016 to grant a Special Permit to Cape Cod Village: Case#2026 Cape Cod Village,Inc. applied for a Special Permit as set forth in MGL Chapter 40A, Section 9, under Orleans Zoning Bylaw, Section 164-40B, 164-13, 164-44, and 164-38, to develop congregate housing for adults with autism, consisting of two 8-unit buildings with a common building. The property is located at 19 Child's Homestead Road,Orleans Map#25,Parcel#74. Following discussion and revisions, on motion by Ms. McCartney and seconded by Mr. Taub,the Board voted unanimously to approve Findings of Fact for inclusion in the written decision granting a Special Permit to Cape Cod Village. Town Planner George Meservey and Planning Board Chairman Steve Bomemeier presented details of a proposed downtown commercial/residential Zoning Bylaw change drafted by the Planning Board. While the Zoning Board of Appeals fully supported the proposed zoning changes,the Board was adamantly opposed to any change in Special Permit Granting Authority(SPGA). Board members were invited to attend the next Planning Board meeting on Tuesday,March 22,2016, and to attend public hearing on the proposed changes on Tuesday,March 29, 2016. On motion by Mr. Taub and seconded by Mr. McCarthy,the Board voted unanimously to approve minutes of the March 2, 2016 meeting. On motion by Ms.McCartney, seconded by Mr. McCarthy, and unanimously approved by the Board,Acting Chairman McCartney adjourned the meeting at 8:12 p.m. Sandy Stewart Board Secretary ORLEANS TO ON CLERK Galati [6: TOWN OF ORLEANS '1 MAR 25 2:25P ZONING BOARD OF APPEALS � r 19 SCHOOL ROAD f )' ORLEANS,MASSACHUSETTS 02653-3699 % CASE NO.2026 - - — - APPLICATION OF ZONING BOARD OF APPEALS CAPE COD VILLAGE, INC. BOOK 28637,PAGE 136 19 CHILDS' HOMESTEAD ROAD MAP#25, PARCEL#74 ORLEANS, MA TOWN OF ORLEANS DECISION THE HEARING: On March 2, 2016, Case No. 2026 came on for hearing before the Orleans Zoning Board of Appeals, wherein Cape Cod Village, Inc. applied for a Special Permit as set forth in MGL Chapter 40A, Section 9, under Orleans Zoning Bylaw, Section 164-40B, 164-13, 164-44, and 164-38, to develop congregate housing for adults with autism,consisting of two 8-unit buildings with a common building. The property is located at 19 Childs' Homestead Road, Orleans Map#25,Parcel#74. The hearing was duly advertised and scheduled. Ms.D. Beth McCartney,Clerk of the Orleans Zoning Board of Appeals,chaired the hearing. Also in attendance were Mr.William McCarthy,regular Board member;and Mr.Bruce Taub and Mr. Peter Jablon, associate Board members. Building Commissioner Tom Evers and Ms. Sandra Stewart, secretary to the Board,were also present. The Chairman designated all Board members in attendance as voting on the application. The applicant elected to proceed with four Board members. Attorney Duane P. Landreth of Orleans presented the details of the application. Also presenting were Gisele Gauthier, Rick Fenuccio, and Brad Malo. Abutter Paul Bohannon raised concerns about additional traffic and an already congested and dangerous intersection of Childs' Homestead Road and Namskaket Road. No person appeared in opposition to the application. No letters were received by the Town with regard to the application. The Chairman then closed the hearing for the taking of fiuther testimony. Following public deliberation by the Zoning Board of Appeals, a quorum of qualified members being present and voting; based upon the application of Cape Cod Village, Inc. filed January 19, 2016; the plans prepared by Brown Lindquist Fenuccio & Raber Architects, Inc. dated January 15,2016,pages C1.2.1, C2.1.2, C2.2.1, C2.3.1, C2.4.1, C2.4.2, C2.4.3,C2.4.4.LI,L2, E1.1, A1.1,A2.1,A2.2, A2.3,A2.4,A1.2, A2.5,A2.6 (page C2.1.2 only revised 3/2/16), Ms.McCarthy, at a subsequent meeting on March 16,2016,moved that the Board adopt the following FINDINGS OF FACT: 1. Notice of hearing in this case was given in the manner and within the time required by law. 2. The subject property,known as 19 Childs' Homestead Road, is shown on Orleans Map#25 as Parcel#74,and is in the Village Center(VC)zoning District. ■ Orleans Zoning Board of Appeals Case#2026, 19 Childs' Homestead Road' 3. The property is owned by Cape Cod Village,Inc.by deed recorded at the Barnstable County Registry of Deeds. 4. The property is presently undeveloped with the exception of some existing pavement. 5. The proposed use of the property is as congregate housing for adults with autism. The applicant proposes two 2-unit buildings for a total of four units with a common building. 6. Residential housing for adults with autism is a service not now available on the Outer Cape. 7. The proposed use will not be detrimental to the established and future character of the neighborhood and will be in harmony with the general intent and purpose of the Zoning Bylaw. 8. The proposed construction will not be substantially more detrimental to the neighborhood. This residential development is accessed through a residential neighborhood. 9. At nearly four acres, the site is adequate, in terms of size, and suitable for the proposed use. The property is readily accessible but private, buffered by wetlands to the west and the Cape Cod Rail Trial to the south. Residents will be within walking distance of downtown Orleans. 10. The proposed use will have negligible impact on traffic flow or safety. It is not anticipated that residents will drive, although 24-hour staffing,visiting family, and deliveries will add to area traffic. Concerns can be somewhat mitigated by routing outbound traffic left onto Childs' Homestead Road,subject to Police Department review. 11. The proposed use will have negligible impact on the visual character of the neighborhood.No scenic views or vistas are impeded, structures are single story and constructed with commonly seen exterior features. 12. The proposed use is isolated from, and will have no impact on the method of sewage disposal, source of water,drainage or water resources. The project will meet Title V requirements. Drainage will be confined to the site. 13. Utilities and public services will be adequate for the proposed use.All utilities serve the site, including Town water,and it is accessible for all public and emergency services. 14. Noise and litter will not be increased after construction is complete. 15. There will be no adverse impact on groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies.The project has received Conservation Commission approval. 16. The benefits of the proposed use to the town or vicinity will outweigh any adverse effects, after consideration of the location,activity mix, site design and facility design. 17. The proposed use and location is not more sensitive to environmental stress from erosion, siltation,groundwater or surface water contaminants or habitat disturbance than are most similarly zoned locations. 18. The proposed activity will contribute to the diversity of services available in the town. 19. The proposed activity will provide service to the town's year-round residents. 20. The proposed use will add relatively little to summer traffic congestion in relation to its size, considering the location. 21. The proposed use poses no environmental hazard because of use or storage of explosive, flammable,toxic or radioactive materials. 22. The proposed use will not result in air pollution or excessive noise. 23. Topographic change is minimized. 24. Unnecessary removal of existing trees or other important natural features is avoided. 25. Pedestrian movement within the site and to other places is well provided for. 26. Vehicular movement within the site is safe and convenient and arranged so as not to disturb abutting properties. 27. Scenic views from public ways and other developed properties are considerately treated in the design of the buildings. 2 Orleans Zoning Board of Appeals Case#2026, 19 Childs' Homestead Road 28. Primary exterior materials match the appearance of materials commonly found on existing buildings within the town 29. A special permit,to run with the land, shall be granted. 30. There was no opposition to the application. The motion was seconded by Bill McCarthy and unanimously approved by the Board. MOTION GRANTING RELIEF: _ Based on the application of Cape Cod Village, Inc. and the presentation of the applicant at public hearing on March 2, 2016, Ms. McCartney moved, and Mr. McCarthy seconded, that the Board grant a Special Permit,to run with the land,pursuant to Section 164-40B, 164-13, 164-44, and 164-38 of the Zoning Bylaw,to develop congregate housing for adults with autism, consisting of two 8-unit buildings with a common building at 19 Childs' Homestead Road, in accordance with plans submitted with this application and cited above. VOTING IN FAVOR: Dated: March 2,2016 Ms.D.Beth McCartney Mr.Peter Jablon Mr.Bruce Taub Mr.William McCarthy � _ i A, i feAr A D. eth Mc 7 Al ey,Acting C. .- 11 an 0j4 William McCarthy,` t Pre-Tem CERTIFICATION April 25, 2016 I, Kelly L. Darling, Assistant Town Clerk for the Town of Orleans, Massachusetts, do hereby certify that twenty days have elapsed since the above referenced decision of the Board of Appeals which was filed in the office of the Town Clerk on March 25, 2016 and no appeal has been filed in the office of the Town Clerk. r� Kelly L. arling Assistant Town Clerk Orleans, Massachusetts 3