Wellfleet Planning Board
Minutes of Meeting of May 1, 2002
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Lisa Brown, David Wright, Alfred
Pickard, Gerald Parent; Rex Peterson, Assistant Town Administrator
Excused: Helen Miranda Wilson, Mark Berry
Chair O'Connell called the meeting to order at 7:00 p.m.
Preliminary Subdivision #01-03, Alexandra & Marusya Chavchavadze, 70 Moses Hinckley Road, Lot #283, Map #29, 6 lots proposed. Chair O'Connell recused himself from discussion. Dick Lay of Slade Associates and Attorney Ben Zehnder presented this proposal for the Chavchavadze family; the proposal is a further refinement of much previous discussion presented to the Board on the above-mentioned site (see minutes of 12/13/00, 3/28/01, and 5/9/01). At the Town Meeting of 4/22/02, the town voted to purchase Lots 1, 4, 5 and 6 of the above parcel along with an adjoining area of the Ziering property to be used for "purposes of conservation and passive recreation." The current subdivision proposal seeks approval for:
a division of 6 lots, 4 (1, 4, 5, & 6) to be sold to the town and 2 to be used as homesteads for the Chavchavadze sisters; Lot 2 is already developed, Lot 3 proposed to be developed
a waiver of construction of the proposed 20' wide way
the extension of the dirt driveway leading from Aaron Rich Road to Lot 3 of the parcel.
When the adjacent Ziering property is sold to the town, Mr. Ziering will simultaneously grant an easement with the town over the road; he also will grant the Chavchavadze family an easement for the dirt road from Aaron Rich Road. Zehnder stated that the Chavchavadzes will not build a proposed 20' wide road if:
the Board does not require it
the Chavchavadzes cannot obtain a building permit for Lot 3
anyone on Aaron Rich Road proposes to block the Chavchavadze's right-of-way over that road
the bank won't issue a mortgage unless the road is built.
Mr. Zehnder added that Mr. Ziering is supposed to sound out residents on Aaron Rich Road as to their agreement with the Chavchavadze's use of the road and that this proposed right-of-way will avoid the problem of considering use of Thomas Paine/Moses Hinckley Road, which has been under litigation for some time. Zehnder stated that the Chavchavadzes are only allowed to improve the dirt road up to the minimum conditions prescribed by Planning Board.
Vice-Chair Lisa Brown opened the floor for discussion.
Alfred Pickard approved of the road plan as making less of an impact on the environment.
David Wright inquired about access creating an impact, since this would be public recreation land. He wondered if the Town would exert pressure to improve public access, to which Zehnder replied no, that this land abuts Baker Estate land already owned by the town and that Paine Hollow Road is the access.
Dick Lay inquired of Building Inspector Richard Asmann whether there would be a problem with obtaining a building permit; Asmann said there would not be as long as access comes off frontage.
Gerry Parent wondered if one could assume that the access dirt drive would be 10' wide and commented that the road width should be consistent all the way through; Zehnder answered that the easement Mr. Ziering is willing to grant is over the existing dirt road. Parent asked if insistence upon a minimum width would be a "deal-breaker" and was answered that it might. Zehnder then provided the Board with a total overall picture of the land which Mr. Ziering is selling to the Town.
Mr. Asmann commented that he did not see the need for putting a minimum of 12' on the road width; the driveway would be presented with the application for building permit and he would look at it with the fire chief at that time.
Michael Ensor proposed going to Open Space Committee for help in widening the road where it crosses conservation land being purchased from Ziering; Bob Hubby, of Open Space, stated that he would have to negotiate with Mr. Ziering, since the agreement with the town was that the road would not be improved.
Lisa Brown asked if emergency vehicles could get through and was told that oil trucks go down the road all the time.
Bob Hankey of the ZBA asked why, in view of the time element in the sale to the town, a preliminary rather than definitive subdivision plan had been submitted to the Planning Board. Dick Lay replied that he had hoped to have the preliminary plan heard at the last Planning Board meeting, but time and the Board's schedule had not permitted this. He added that the preliminary plan submission is necessary to elicit questions the Board might have.
Returning to the discussion of the dirt road, Ben Zehnder stated that Mr. Ziering's intention was to keep the road as unobtrusive as possible, that he could go back to Mr. Ziering asking for a 12' wide road but that it may not fit the time frame for the sale to the town.
Asmann commented that this access road is in better shape than some of our town roads.
Bob Hubby of the Open Space Committee stated that the access for passive recreation is over Cates Road from Fox Island and that there is established parking there; it will, therefore, be unnecessary for any further parking to be established on the Chavchavadze or Ziering properties.
Gerry Parent commented that he had no problem with this plan for preliminary approval with one exception: if the applicant is able to gain access over Aaron Rich Road and the 20' wide way is obliviated, then the access road from Aaron Rich to the house should be defined at 12' width.
A discussion of the time frame for a hearing on a definitive subdivision proposal for the property ensued; Dick Lay stated that he could submit the application soon if plans for the 20' right-of-way from Pilgrim Spring Road was not required by the board. He added that there was no grade problem on the dirt road access. Bob Hubby stated that all elements must be consummated by June 30. Ben Zehnder, replying to Parent's proposal, stated that this would not be a problem procedurally if Town Counsel and Mr. Ziering's attorney would agree to it.
Parent moved that Planning Board approve the preliminary subdivision plan #01-03 for Alexandra & Marusya Chavchavadze as presented with the exception that if the applicant is able to gain access over Aaron Rich Road and the 20' wide way is obliviated, then the access road from Aaron Rich to the house shall be defined at 12' width. Lisa Brown seconded. Dick Lay requested of the Board that he need not provide road profiles for either road, that he would do the 12' wide way if necessary. The Board agreed. Brown called for the vote--unanimously approved, 4-0.
ANR #02-01, Todd E. Mindrebo, 45 & 46 Liam Hill Road, Lot #s 208.2.1 & 208.2.2, Assessor's Map #23: Mr. Lay then presented Mr. Mindrebo's proposal for moving the lot line between two adjacent lots, now 1.4 acres each, to increase the size of the northerly lot, on which the owner's house now sits, to 1.6 acres. The southerly lot will become 1.2 acres, which, Mr. Lay pointed out, is still large enough to develop. After a brief discussion, Parent moved and David Wright seconded, that Planning Board deem the proposal an ANR. Passed unanimously, 5-0.
Request for Naming Road: At the request of 3 abutters led by Mr. Malcolm Murphy, the Board considered making the name of Way 33 (off Indian Walk) Indian Walk East. Fire Chief Alan Hight had submitted written approval of the change. Since the Board was in receipt of Mr. Murphy's letter requesting the change but needed a letter from one more road resident (to satisfy the requirement for 2/3 majority), Rex Peterson recommended approval conditional on the receipt of a letter from Mr. and Mrs. El-Shakhs. Lisa Brown moved that the Planning Board approve the change of name from Way 33 to Indian Walk East conditional upon receipt of one additional letter; Gerry Parent seconded; passed unanimously, 5-0.
Approval of Minutes:
Chair O'Connell moved and David Wright seconded approval of the minutes of 3/6/02 with amendment. Passed 4-0-1.
Chair O'Connell moved and Lisa Brown seconded approval of the minutes of 4/3/02 with amendment. Passed 5-0.
Other Business:
Rex Peterson informed the Board that he had filed two grant applications with the Cape Cod Commission for implementation of the Local Comprehensive Plan; he has applied for $5000 to redo Wellfleet's Subdivision Control Regulations and $8000 to contract with the Lower Cape Cod Development Corporation for asistance with organization of the affordable accessory dwelling units.
Peterson announced that the citizen Planner Training Collaborative will be holding a workshop on zoning on 5/20/02 at 6 p.m. at the Senior Center in Yarmouth. He invited Board members to apply and attend.
Chair O'Connell asked if there were any developments in the McClellan case; Peterson stated that there was nothing new and that the answer to the summons had been filed.
The Chair invited suggestions on methods of informing non-residents about zoning bylaw changes. David Wright suggested postings on the Wellfleet web page. Alfred Pickard commented that all taxpayers could be informed that changes could be found on the website through the tax billing; Peterson stated that this information might be printed right on the tax bill .
David Wright reported on a meeting he had recently attended in Eastham; this was run through a state grant program, was for people on planning committees, and concerned coastal problems. Wright commented that the organizers of the meeting informed the participants that there was money available for study and that they were interested in finding out what the participants wanted to know and how much training they wanted in specific areas. Discussion of Chapter 91 implications and coastal public access regulations ensued. Alfred Pickard concluded that Chapter 91 concerns Wellfleet, but not to the extent that it affects Provincetown.
The Chair reviewed the mail, noting that Wellfleet will be redoing the launch ramps at Town Pier with a commencement date of 2004.
Gerry Parent reported a phone call he had received on the Sprint proposal to co-locate on the Nextel tower. The caller asked why the Board was hearing Sprint's proposal, since the Nextel permit runs out 12/02, and suggested that a condition of approval should be that the tower be built within the permitted time.
Parent moved for adjournment of the meeting; Lisa Brown seconded. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
________________________________ ______________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary
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