Wellfleet Planning Board
Minutes of Meeting of July 17, 2002
Town Hall, Hearing Room
Present: Dennis O'Connell, Chair; Alfred Pickard, Helen Miranda Wilson, David Wright, Mark Berry
Excused: Lisa Brown, Gerald Parent; Rex Peterson, Assistant Town Administrator
Chair O'Connell called the meeting to order at 7:05 p.m.
ANR #02-02; Diana Crooks, 55 Kelley Way, Assessor's Map #29, Lot #129.1, 2 lots proposed. The proposal for the creation of an additional lot on Kelley Way was presented by Dick Lay of Slade Associates and Brad Kaplan (prospective buyer of Lot 1 to be created from this property). (See previous minutes of 1/2/02 and 1/16/01.) A letter dated 7/16/02 from Michael B. Stusse, Attorney for Tobin Storer, has been received by the Board; it states Mr. Storer's objections to the Crooks proposal. Mr. Lay distributed a revised plan (7/17/02) which contained a slight change in the brushing easement running from Lot 1 to Route 6; since the required easement was obtained from the Olivers on the north but not from Tobin Storer on the south, a 4- foot brushing easement has been
acquired for the north side of the road, including two feet beyond the road path on that side. A letter received from Fire Chief Alan Hight allows this alternative, requesting only 12 feet in width; however, the plan includes the whole 14 feet in width originally planned. In answer to a question from Mr. Townsend in the audience concerning who would maintain this road, the Chair read the maintenance agreement signed by the Kaplans (7/15/02), who agree to maintain the brushing on the road. This agreement will be recorded and filed with the deed.
The Chair expressed his continuing concern about the "throat" intersection of Kelley Way and Route 6, which is too narrow to allow two cars to pass. Helen Wilson, stating that the original Planning Board had not mandated a wide enough road and that the sides of Route 6 are very steep, informed the Board that she had made a call to the state highway department and spoken to Skip McCourt concerning possible options available for people in the neighborhood who might want to make the throat wider. These options follow:
The quickest method: the town submits an engineering drawing, the state highway department issues a permit, and the work is done (by the town DPW, who can do the work if they get the permit in accordance with an approved curb cut). The problem here becomes payment, since there are only a few private lots rather than a large development; however, Ms. Wilson stated that if neighbors on the road got together and agreed to widen, they might also split the cost of the project.
A much slower method: the town requests the work be done by the state highway department, the state highway department may do it after a very long time, and the state pays the bill.
Chair O'Connell asked the Board their opinion of the narrow intersection. Alfred Pickard inquired if the Chair felt that it would be acceptable to widen the throat only on the highway and was answered affirmatively. Dick Lay stated that the abutter's permission needed to be granted, since they control entry into the layout. David Wright agreed that the throat should be widened because of people moving at high speeds on and off Route 6; he felt that it was unfair to expect the last person in line to be responsible for the whole expense and hoped the neighborhood would help. He asked if the Planning Board could deny this request on the basis of adequacy of access.
Helen Wilson, commenting that Kelley Way was fine and that the frontage was adequate but that the Route 6 intersection was not, asked whether the Board should consult with Donald Schmidt. She further asked how much the Planning Board could do to correct errors of previous Boards.
The Chair answered that the Board was only being asked to consider this one lot as an ANR; Dick Lay added that the remainder of the property was under consideration for open space.
From the audience, Andrew Townsend, who owns 3 ½ acres on Kelley Way, asked what would happen if he wanted to divide his property and add other dwellings. Lay answered that Townsend would face the same problems as this ANR was facing.
More discussion of the turnout followed; Wilson noted that the town would be meeting the road abutters halfway by doing the submission of the project if the neighbors got together to improve the throat; Pickard adding that even if the town would not pay for the job, it might help with the paperwork. Mr. Kaplan asked about Tobin Storer's abutting property and Lay replied that anything done would need Storer's permission but that there is a good deal of public land at the state highway intersection. To Mrs. Kaplan's question of whose responsibility it was to pay for the project, the Chair stated that he could not answer that but could only state that the turnout at the throat of the road is dangerous.
Chair O'Connell moved that the Planning Board deem this proposal an ANR if there were adequate entrance to Route 6 from Kelley Way. In subsequent discussion, Lay suggested that a notation be placed on the plan which indicated that adequate entrance be required. The Chair amended his motion to read that the Planning Board deem the Crooks' proposal an ANR with the condition that the plan include the notation: "No building permit shall be issued for Lot 1 until such time as the Planning board deems that the intersection of Kelley Way and Route 6 is improved to their satisfaction." Mark Berry seconded. The motion was unanimously passed, 5-0. Mr. Lay will bring the plan with the notation to the next meeting for
signature.
ANR #02-09; Tobin Storer & Cynthia Storer & David M. Price, Eden Lane, Assessor's Map #28, Lots #s 130 & 131, no new lots. This proposal was represented by Dick Lay and Tobin Storer. Lay stated that this was a very straight-forward plan which involved a change in lot lines of Lots A, B, and C, all owned within the Storer family. Alfred Pickard moved that the Planning Board approve this plan as an ANR; Mark Berry seconded. Helen Wilson stated that finding showed that frontage and access were satisfactory and that the plan improves the lots. Pickard added that it was the best road the Board had seen. The motion passed unanimously, 5-0. The Board signed ANR 02-09.
ANR #02-07; Estate of M. Louise Crowell, c/o Chandler Crowell, Old County Road, Assessor's Map #30, Lot #s 55, 56, 62-63 & 35-37, 5 lots proposed. Mark Berry disclosed that Chandler Crowell is handling the sale of his house; Chair O'Connell disclosed that Chandler Crowell does work for an organization of which he is an officer. Mr. Lay stated that the proposal involved the consolidation of lots for marketing purposes, going from 8 to 5 lots. Helen Wilson stated that the proposal satisfied both frontage and access requirements; she moved that the Planning Board grant ANR status to all lots of #02-07. Chair O'Connell seconded and the motion passed unanimously, 5-0. The Board signed ANR 02-07.
ANR #02-08; Estate of M. Louise Crowell, c/o Chandler Crowell, Pilgrim Spring Road/Cove Road, Assessor's Map #29, Lot #s 215, 232, 233, 234, 235, 3 lots proposed. (The above disclosures apply.) The plan proposes that 3 lots be made from an existing 5-lot parcel, one of which contains a house. Lay pointed out that the lots contained "lots of frontage, lots of area." Helen Wilson moved that the Planning Board deem #02-08 an ANR; Chair O'Connell seconded. Wilson stated that all lots had adequate frontage on existing ways and vital access for all 3. The motion passed unanimously, 5-0. The Board signed ANR 02-08.
Other Business
Minutes of 7/3/02--Chair O'Connell moved to approve the minutes of 7/3/02 as amended; Alfred Pickard seconded. The motion passed, 4-0-1.
Conflict of Interest: Realtor--The Chair reported that he had spoken with a representative of the State Ethic Commission regarding the dilemma faced by a realtor on the Planning Board. The opinion of the Chair's contact was that Gerry Parent could submit a disclosure form (19B) to the BOS so that he could act on subdivisions and ANRs if he did not know of any direct conflict of interest. In this way, he could participate with this element of the work of the Planning Board. The Chair felt that the Commission representative was trying to work within the letter of the law but recognized that "it's a small town." He pointed out that the Board of Selectmen had appointed Mr. Parent and must, therefore, trust him; that if the Board were elected rather
than appointed, a realtor would not be able to serve, but since it is appointed, he can do so. David Wright added that through the disclosure, Parent would remind the BOS that he was aware of his situation. Helen Wilson discussed her reasons for pursuing the ethical questions inherent in the general situation of a realtor joining the Board and well as her immediate reasons for bringing up the problem at this time. A discussion of the realtor's place in the community followed.
Local Comprehensive Plan--Chair O'Connell stated that Wellfleet has a one-year extension on preparation of the LCP, that it needs to get into compliance, and that Assistant Town Administrator Rex Peterson will have information prepared for the Board to discuss at the next meeting. He stated that Peterson thought that the Board ought to use a statistical approach and look at a town-wide survey. Alfred Pickard suggested the use of the old LCP as a base of comparison with what is going on now. Helen Wilson told the Board that Gisela Walker, the Amherst planner, had sent out a statewide survey asking opinions of comprehensive plans-- answers received involved the time wasted working on issues which would later need to be reassessed. David Wright inquired why
the Planning Board was charged with this project; the Chair answered that the Charter charges the Planning Board with this task.
Zoning Bylaw Revisions: Outer Cape Health--A memo from Peterson was distributed outlining the problem of Outer Cape Health's possible relocation in order to expand and update its facility. Building Inspector Asmann has suggested that Planning Board create a category in the bylaw Definitions Section to satisfy the zoning problem. It was agreed that discussion on this issue be part of the next meeting's (August 7, 2002) agenda, as will a discussion of zoning for dual or mixed use, requested by Mark Berry. Alfred Pickard reminded the Board that Wellfleet has a history of multiple-use zoning, adding that he did not believe small business people could survive if they could not use their homes as business places. Discussion followed concerning affordable
housing being used or not used in connection with dual use buildings.
Cole's Neck Composting Facility Proposal--Helen Wilson, who had supplied to the Board printed information from Roger Putnam's presentation at the Community Forum on his composting facility proposal, suggested that members should read it for discussion at the next meeting.
Mail--The Chair noted that the mail contained the following:
Letter from Lawrence H. Gallagher and Jeffrey W. White objecting to the proposal for the regional solid waste recycling facility off Cole's Neck Road.
Letter from the Town of Norton (dated 7/12/02) concerning Chapter 40B; the Chair will ask Rex Peterson to prepare a response for the Board
The Cape Cod Commission Reporter, July 4, 2002, article entitled "Three Recent Rulings Affect Chapter 40B Projects"
Rex Peterson's letter of response to the Town of Duxbury Planning Board
Other Matters--Alfred Pickard asked if the Attorney General had ruled on the Affordable Housing Bylaw; Helen Wilson had heard that it had been received favorably; the Chair stated that he would check on its status. Wilson informed the Board that the next agenda should contain a Housing Authority reconfiguration of a lot.
Site Visits--Discussion ensued on the usefulness of site visits to consideration of upcoming ANRs and SDs; consensus was that the visits streamlined the discussion of the meeting. David Wright felt that morning was the better time to hold them, and Helen Wilson suggested that simply examining the lots without any discussion at that time would cut site visit time in half. It was decided that if submissions were received, site visits for them would be automatically posted for 9 a.m. of the Tuesday morning before the Wednesday meeting.
Mark Berry moved that the meeting be adjourned; Helen Wilson seconded. The meeting was unanimously adjourned at 9:03 p.m.
Respectfully submitted,
_______________________________ ______________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary ________________________Date
| 
