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Wellfleet Planning Board
Minutes of Meeting of February 20, 2002
Town Hall Hearing Room
Present: Dennis OExcused: Lisa Brown, David Wright, Gerald Parent
Chair O
Preliminary SD #02-02; Harriet Miller & Nils W. Miner, 115 Aaron Rich Road/105 Moses Hinckley Road, Lot #s 288.1 & 288, Assessorsubmitted. Mr. Lay stated that he planned to submit the definitive plan to the Board, seeking waivers for only pavement and construction of cul de sac. Helen Wilson spoke against road improvement, commenting that her conversations with people who live on these unimproved roads indicate that they donRequest for Partial Release of Covenant, Capt. L. D. Baker Estates. Chet Lay and Attorney Arthur Croce presented this request for partial release of covenant (although the original request was for release of all lots with the placement of a check for $23,550 in escrow to guarantee paving and seeding of Dow Drive); Croce stated that lots have already been listed with realtors and he wishes to be able to accommodate buyers. Asked about the number of lots to be sold from the trust, he stated that 9 lots will probably be sold and the rest (out of a total of 14) will be distributed to beneficiaries. Discussing the time frame for paving and seeding, he informed the Board that Murphy-Nickerson will have to wait until the asphalt plant opens. Alfred Pickard
suggested that the completion of the work be conditioned for a definite date; Helen Wilson preferred to release only a few lots to avoid a pressure situation. She also emphasized that a street sign should be erected. Mr. Croce having picked the lots he wished released, Chair ODiscussion of Affordable Accessory Dwelling Units Bylaw. Rex Peterson led discussion of this bylaw to be placed as an article on the warrant for Annual Town Meeting on April 22, 2002. Peterson distributed a letter of 2/19/02 from Town Counsel, Atty. Daniel C. Hill, which contained recommendations for changes to the draft bylaw. He also distributed Bylaw Draft #3, February 20, 2002, which incorporated some of these recommendations. Items covered in the discussion follow:
Town Counsel noted that moderate income does not qualify town for Chapter 40B subsidized housing; only low (80% of regional median income) income qualifies.
Helen Wilson stated that including moderate income tenants makes the rental pool larger and that the tax break for low income tenants is incentive for landlords to rent to them. She suggested a 3-year average be used as a basis for income qualification. Other members commented that this might be clerically difficult.
Alfred Pickard asked what would happen when a landlord ceased to rent a unit affordably; Peterson answered that he would lose the special permit, the Building Inspector would instruct him to remove the kitchen, and the unit would no longer be a rental.
The possibility of there being up to 3 affordable rental units was explored; it was pointed out that the ZBA would judge the unitsPickard suggested that the rental year-end should come at some other time than July, the hardest time of the year for a tenant to find another rental should this become necessary because of an increase in income. Building Inspector Asmann added that the Tax Collector and the Assessor should be consulted about the timing of this year-end.
Helen Wilson voiced a concern that the new units should be designated affordable income rental in perpetuity; others disagreed, citing problems this would engender in attempting to sell the unit.
Chair OMinutes of February 6, 2002McClellan Lawsuit ReportMailRex Peterson had sent a 2/13/02 memo to various boards regarding the warrant article being submitted by the Open Space Committee to transfer control of a number of town-owned properties to the ConsCom for open space and for no other purpose. The BOS asked that Planning Board review the attached list of properties and forward recommendations by March 5. Discussion covered necessity for an adequate map for identification of the parcels, possible use of parcels as wellfields and cluster septic systems, and possible use of some parcels for affordable housing. Peterson stated that it would be appropriate to send the BOS a memo explaining that there is not enough time for Planning Board to do a careful analysis of the parcels; he will write such a memo.
A number of upcoming workshops were noted: Smart Growth Workshop, February 28, 2002, 8 am to 12 pm in Yarmouth; Route 6 Safety & Traffic Flow Study, Cape Cod Commission, 2/26/02, 2 pm, Eastham Town Hall; Cape Cod CommissionIt was noted that the Planning Board had received a report dated 2/1/02 from the Cape Cod Commission regarding Modification to the Nextel Tower Development of Regional Impact Decision.
Mark Berry moved to adjourn the meeting; Alfred Pickard seconded. Meeting was adjourned at 9:45 p.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the R. Dennis O Committee Secretary
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