Wellfleet Planning Board
Minutes of Meeting of May 29, 2002
Town Hall Hearing Room
Present: Lisa Brown, Chair; Alfred Pickard, Gerald Parent, David Wright,
Helen Miranda Wilson; Rex Peterson, Assistant Town Administrator
Excused: Dennis O'Connell
Absent: Mark Berry
Chair Lisa Brown called the meeting to order at 7:02 p.m.
Public Hearing--SD #01-03, Alexandra and Marusya Chavchavadze, 70 Moses Hinckley Road, Assessor's Map #29, Lot #283, 6 lots proposed. Chair Brown read the notice of the public hearing into the record. Helen Wilson recused herself from the discussion and sat in the audience. Because the certified letter informing the Chavchavadzes of the public hearing had been returned in the mail, Richard Lay of Slade Associates verified that they had indeed been notified of the hearing. Lay and Attorney Ben Zehnder presented the subdivision proposal. Lay read aloud the proposed covenant for the subdivision, stating that this concerned only the 2 bulding lots, 2 & 3. Ben Zehnder then presented the revised easement document to the Board, stating that this
document provided that the proposed dirt road right-of-way (see minutes for 5/1/02) was to be laid out, improved and maintained to a width of 12 feet. He added that he expected Mr. Ziering and the Chavchavadzes to sign the easement document shortly.
Gerry Parent stated that if access were gained from the abutters on Aaron Rich Road and the 20-foot way was not required to be built, he was concerned that the Town might acquire some responsibility for laying out the access road. Zehnder read from the easement agreement the statement concerning the right to lay out and maintain the dirt road; Parent replied that he was looking not just for right but also responsibility to improve the right of way. Mr. Lay agreed to change the wording of the covenant to cover this concern.
Lisa Brown inquired about the solidity of the fact that the dirt road right of way would be allowed for only the 2 buildable lots, and Parent asked whether Lots 1, 4, 5, and 6 could be labeled unbuildable on the plans. Attorney Zehnder commented that if the "deal goes south" he did not want the 4 lots to be unbuildable in perpetuity. Dick Lay suggested that this should be put in as a condition of approval.
Ms. Brown read a letter from the Board of Health stating its approval of this subdivision; she also read into the minutes that Chief of Police Rosenthal and Fire Chief Alan Hight had no objections to the plan. Brown then asked for comment from the floor and, hearing none, asked for a motion. Gerry Parent moved that that subdivision plan be accepted and that the covenant be changed as discussed, with the condition of lots 2 and 3 being the only buildable lots; Brown seconded the motion, which passed unanimously, 4-0. Mr. Lay asked to be placed on the agenda for the June 19th meeting for signing of the plan and convenant. Chair Brown closed the public hearing at 7:19 p.m.
ANR #02-04, Ira Ziering, South Side Pilgrim Spring Road, Assessor's Map #29, Lot #282, 5 lots proposed. Helen Wilson remained recused for this discussion. This proposal, presented by Phil Scholomiti of Ryder & Wilcox, is a 5-lot ANR plan for land located on the south side of Pilgrim Spring Road, of which 4 of the lots have appropriate frontage and the 5th lot (E on the plan) is not buildable and will be conveyed to the Wellfleet Conservation Trust. Lots A (3.84 acres), B (.99 acres), and C (.98 acres) will be retained by Mr. Ziering and Lot D (7.33 acres) will be sold to the Town of Wellfleet. The existing dwelling on Lot A will remain. Lots B and C will be subject to development. Mr. Scholomiti had labeled the plan as being in the R2
zone; it was determined that it was in the R1 zone. Mr. Scholomiti stated that the plan would be corrected accordingly. Chair Brown commented that there seemed to be no problems with the proposal and that frontage was adequate. She moved to approve the ANR as presented conditional to the changing of R2 Zone to R1 Zone on the plan. Alfred Pickard seconded; the motion passed unanimously, 4-0. The Board signed the plan.
Minutes of May 15, 2002. Chair Brown moved and David Wright seconded the approval of the minutes of 5/15/02 as amended. Unanimously passed, 5-0.
Other Business--The Board informally discussed various issues:
Alfred Pickard inquired concerning the possibility that the Board could work on zoning regulation problems, citing the example of each proposed new business which wanted to locate in the Route 6 Mooney's building having to go through the ZBA even though the building is already zoned commercially. Various reasons for the regulation were given: a change in usage; the ZBA's role as the overseer for multiple businesses in one location; Wellfleet's decision with the '86 bylaw to use special permit for every property which changes hands. Pickard stated that there are items on special permit which are unnecessary and which the ZBA might see as redundant.
Helen Wilson suggested that both the Planning Board and ZBA should examine the bylaw and make lists of the problem areas from which Rex Peterson could create a compilation. Gerry Parent added that generally the ZBA enforces bylaws and would see the problems that have been occurring.
Helen Wilson moved that the Board ask the Zoning Board of Appeals for a "wish list" of zoning bylaw changes through the town planner; Lisa Brown seconded; unanimously carried, 5-0.
David Wright inquired if answers to questions arising from the Sprint hearing had been received from the CC Commission and Town Counsel; Rex Peterson answered that the letters had been sent but answers had not yet been received.
Lisa Brown asked if there were any further word on the McClellan lawsuit and was answered no.
Helen Wilson introduced a discussion of the decision on the Shapiro ANR (minutes of May 15), stating that the lot did not have adequate frontage and citing page 41 of The ANR Handbook as justification for her contention that the paper road to the north of the property was illusory and not adequate. Gerry Parent contended that in Mass General Law all that was needed was 50 feet of frontage if the lot was created before Wellfleet had zoning; he stated that the Shapiro ANR did not create a new lot but added two lots together. Discussion followed, including the possible use of paper roads to construct access roads to property and Wilson's suggestion for an indication on an ANR plan by Planning Board when zoning violations exist. Parent cited the stamp used by Slade
Associates on ANR plans which reads:
Planning Board Approval Under Subdivision Control Law Not
Required. No Determination of Compliance With Zoning
Requirements Has Been Made Or Is Intended.
Alfred Pickard pointed out that if the Planning Board did not make lots acceptable to go to the ZBA by signing the ANR, the owners could not go to the next step. Parent added that the plans need Planning Board signatures to go to land court. Wilson stated that it was the Planning Board's business to clarify whatever zoning violations it encounters.
Gerald Parent moved for adjournment; Lisa Brown seconded. Unanimously adjourned at 8:20 p.m.
Respectfully submitted,
_______________________________ ______________________________
Frances J. Castillo, Assistant to the Lisa Brown, Chair
Committee Secretary
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