Wellfleet Planning Board
Minutes of the Meeting of July 3, 2002
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Alfred Pickard, Helen Miranda Wilson, Lisa Brown, Gerald Parent, Mark Berry; Assistant Town Administrator Rex Peterson
Excused: David Wright
Chair O'Connell brought the meeting to order at 7:00 p.m.
ANR #02-05; Estate of Joan L. Nimitz, 150 Old Hay Road, Assessor's Map #8, Lot #79, 2 lots proposed. Chet Lay of Slade Associates presented this plan to the Board, who had seen this parcel (and the other two parcels on the agenda for this meeting) during a site visit that morning. Mr. Lay distributed a locus map and explained that the two lots being proposed had been left by Mrs. Nimitz to her grandchildren and that the access was a full-spec road. Gerry Parent moved that the Board endorse the plan as an ANR; Mark Berry seconded the motion. Helen Wilson stated that the plan met the conditions of being an ANR. The motion passed unanimously, 6-0.
ANR #02-06; Nathanial S. Terry and Elizabeth B. Terry, 320 Cove Road, Assessor's Map #28, Lot #18, 2 lots proposed. Chet Lay presented this proposal, which would allow the property owner an alternative access to a driveway containing an easement. Gerry Parent moved and Lisa Brown seconded that the Board endorse the plan as an ANR; Helen Wilson commented that both lots contained adequate frontage and square footage. The motion passed unanimously, 6-0.
Preliminary SD #02-03 (former #01-06); Henry Goss Cortes and John B. Goodman, Jr., 51 and 71 Goss Lane, Assessor's Map #36, Lot #s 16 & 17.1, 5 lots proposed. Chair O'Connell recused himself from the proceedings because of discussions with the Conservation Trust; Alfred Pickard recused himself; both left the table. Chet Lay explained that the original preliminary subdivision proposal had been submitted in December 2001 (see minutes of 12/19/01) and the seven months control had run out. The owners, who wish to subdivide 3 into 5 lots, are still negotiating with the Conservation Trust concerning the lots they wish either to sell or gift. Lay continued that they wish to retain two lots out of the parcel and that this resubmission of the proposal would
give them another seven months to negotiate.
To Mark Berry's question of whether it was premature to ask which lots would go to Conservation, Lay replied that the Trust would like contiguous lots.
Helen Wilson stated that from a conservation point of view, she would prefer to space the lots and would like to see Lot F3 not built upon. Lay replied that the owners wish to sell/donate Lots F1 and F3.
To Wilson's question on whether the Board has any say on what land is built upon, Lay answered that basically the Board has jurisdiction on the roads. He added that the road is shell right now and that he did not want to discuss road specs before the negotiations have come to fruition. He concluded that he didn't need any action from the Board at this time; he would send a letter to the Board requesting that this proposal go the full seven months.
Gerry Parent commented that there could be conditions on a preliminary proposal; Lisa Brown added that these are not binding.
Lisa Brown stated that no action would be taken at this time. O'Connell and Pickard returned to the table.
Way Naming--Wiles Lane. The Planning Board then considered the petition of abutters to rename Way 626 (Map 16, Lots 629 & 631), running from Long Pond Road to Great Pond; the name proposed was "Wiles Lane." Lisa Brown moved and Gerry Parent seconded the motion to approve the name change from Way 626 to Wiles Lane; unanimously approved, 6-0.
Election of Officers. Gerry Parent moved to return the same slate of officers: Dennis O'Connell as Chair, Lisa Brown as Vice-Chair, and David Wright as Secretary. Alfred Pickard seconded. The motion passed, 4-0-2.
Consideration of Minutes of 6/19/02 and 6/22/02.
Chair O'Connell moved and Mark Berry seconded the approval of the minutes of 6/19/02 as amended; passed, 6-0.
Alfred Pickard moved and Chair O'Connell seconded the approval of the minutes of 6/22/02 as amended; passed, 3-0-3.
Request of the Duxbury, MA Planning Board. The Board considered the request of the Duxbury Planning Board to sign a petition proposing two amendments to M.G.L. Chapter 40B Comprehensive Permit Statute, stating that these "ensure more control for the local level." In the discussion that followed, several points were made:
Rex Peterson suggested that it would be a good idea to take a look at 40B; the two proposals deal with the environmental suitability of lots, and he feels that it is not suitable for the ZBA to deal with environmental issues. He suggested sending a letter expressing general support.
Gerry Parent noted that Duxbury had assigned the decision-making to Zoning because other boards are secondary (Peterson disagreed, stating that Health and Conservation were not); he felt that in the case of marshes or sensitive areas, this was probably the only way that they could get around the state to get jurisdication to control density.
Helen Wilson agreed with Peterson, remembering that 40B does not bypass Health or Conservation. She felt that 40B applies to a place that has municipal water, which Wellfleet, Truro, Provincetown, and Eastham do not; therefore, any constuction of housing that dense cannot be allowed to be put up in these towns.
Parent pointed out the good and bad sides of 40B: the good in the intent to aid affordable housing; the bad in the bringing in of density in the form of condominiums mixing affordably priced with normally priced units to avoid being seen as a "low income cities," circumventing all boards by keeping the nominal 10% affordable housing. He added that Duxbury, like Wellfleet, has marsh views--that higher priced units would be placed in front with the views, lower priced units in back. He stated that he would like to know the specifics of the Duxbury situation.
Chair O'Connell commented that this was a very technical question and the explanation did not go deep enough for the Board to become a part of it; he agreed with Peterson and was not sure it was a priority item for this Board.
Discussion ensued concerning the appropriate percentage of a project which should be affordable (40B says 20%).
By general consensus, Chair O'Connell asked Peterson to write the letter to the Duxbury Planning Board which he had earlier proposed.
Open Meeting Bylaw. Helen Wilson distributed to the Board a handbook entitled Open Meeting Law Guidelines, including with them a sheet of minimum frontage and lot dimensions in Wellfleet over the years. Included also were guidelines for email use. Ms. Wilson, referring to the recent Sprint decision, introduced a discussion of who signs decisions for Planning Board: the Chair and Secretary, as the Wellfleet Planning Board Procedures for Special Permits for Communications Structures . . . indicates, or the entire Board, as is customary in many communities.
Recycling Discussion. The Chair asked the opinion of the Board about becoming involved in the current matter of composting/recycling in the Town of Wellfleet.
Gerry Parent pointed out that by nature the Planning Board takes in the entire town and has an obligation to make statements on town-wide issues.
Helen Wilson stated that she went to the recent meeting on the subject and spoke as an "amateur planner," encouraging the people present and advising them to find another site for the project.
Lisa Brown, who has not associated with any group in the matter because she wished to remain neutral rather than jeopardize her position, told the Board that she has visited the facility on Nantucket and found its technology impressive; she thought that looking for alternative sites is in the Board's purview and was surprised that Planning Board has not been asked.
O'Connell stated that, since the Planning Board may be involved, it needs to get information; Alfred Pickard added that he questions what is in the Wellfleet dump, since it received material from the Marconi site when it was Camp Wellfleet (a military site).
Gerry Parent added that this will require research, pulling in the town representative to the National Seashore, and having someone representing Wellfleet who will need to look into absolutely everything. He added that the Town has never tried to challenge the Seashore on the Marconi site.
Ms. Wilson suggested a formal discussion on the subject and that all members attend the next meeting on recycling. The Chair concurred, stating that it fell within the Board's purview, that the Board may be asked about it in Town Meeting, and that there was need for a plan. Mark Berry asked where the Board could get information.
Lisa Brown suggested that the Board might go over to Nantucket and tour the facility there as a site visit. Other members agreed.
Realtor Conflict of Interest Discussion. Helen Wilson introduced a discussion of the involvement of Gerry Parent as a realtor in conflict of interest problems involving land matters discussed in meetings. She stated that Parent could not offer for sale or sell anything that had been discussed in a board meeting. Parent agreed that he could not ethically go out and solicit property before it had been acted upon in a meeting, but pointed out that after that property had been duly recorded and offered for sale, it became a matter of public record and open to all realtors. Wilson disagreed, stating that realtors had a "built-in conflict" for this type of committee and that there are only about 37 realtors in Wellfleet, considerably less than 10% of
the population; Lisa Brown stated, however, that this was almost reverse discrimination, since the land was in the public domain and Parent was part of that public. Alfred Pickard paralleled this with Mark Berry's situation, since he might work on the plumbing of a house in a subdivision that he had voted upon. Chair O'Connell suggested that he work with Wilson to delve into this question further.
Lisa Brown moved to adjourn; Mark Berry seconded. The meeting adjourned at 8:35 p.m. The Board wished each other a happy Fourth of July.
Respectfully submitted,
______________________________ ____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary ------------------______________________Date
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