Wellfleet Planning Board
Minutes of Meeting of September 4, 2002
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Helen Miranda Wilson, David Wright, Alfred Pickard, Gerry Parent, Mark Berry; Rex Peterson, Assistant Town Administrator
Excused: Lisa Brown
Chair O'Connell called the meeting to order at 7:01 p.m.
Citizens for Preservation of Wellfleet--Discussion of Recycling Project. President Mary Ellen Manning explained that the 5-person Steering Committee of the Citizens for Preservation would present material outlining the committee's opposition to the Cole's Neck recycling facility proposal. Most read from prepared information, copies of which they distributed to the Board at the end of their presentation.
Mary Ellen Manning began the program by giving an overview of their concerns: danger to the drivers, walkers, joggers, bikers on Cole's Neck Road; increase in truck traffic with results of slower flow on Route 6, especially in summer; dangers of diesel particulates (citing EPA finding that diesel exhaust causes cancer); tarnishing of Wellfleet's "picturesque fishing village" image. She concluded with a plea to the Board to help preserve and protect the current quality of life.
Chair O'Connell responded to Manning's question as to the Planning Board's function concerning the proposal for the 5-town garbage-processing complex by stating that the Town Charter charges Planning Board to cover a wide range of interest. In order to do so, he added, the Board needed background from both Roger Putnam and from her group.
Helen Wilson asked whether the proposal would have to go to Town Meeting if Wellfleet were not the chosen site; consensus considered it probable because of funding issues.
Allison Marshack cited errors, omissions and partial information in Putnam's presentation (see minutes of 8/7). She presented information on the composting facility, covering various facility shutdowns in the US (from 19 in 1999 to 15 in 2002), damaging fires in facilities, noxious odors, and danger to health of facility workers from airborne contaminants. In speaking of the scope of the composting facility, she stated that Putnam's presentation was incorrect in describing only one composting option, that "garden quality" composting is not produced in Nantucket or Marlborough, and that Marlborough has been shut down because the compost produced odor and contained glass particles. She added that compost can contain hazardous household material. In
alluding to lanfill mining, Marshack noted that this process is not just a rake-through but requires thorough examination of the compost and is not cost-effective.
Chuck Turley covered the aspect of traffic, stating that Cole's Neck Road is narrow and serpentine, containing perilous intersections. He urged a full traffic survey of the Cole's Neck environs, commenting that there would be an increase in traffic since in addition to the material brought in from the other 4 towns, the site would remain Wellfleet's transfer station. He stated that the proposal (for the 5 towns) would demand 6.4 trucks per day (an average run of 15 to 19 tons) as compared to the 1 truck per day Wellfleet now sends to SEMASS. Adding Brewster would demand 8.5, Chatham 10.5, and Harwich 15.4. Turley concluded that Cole's Neck Road should not support this traffic.
Ashley Fawkes-Sylver spoke on Odor (from composting sites) and Proposed Wellfleet Sites; her handout of materials contained a supporting article from February 1995's BioCycle and maps of the site areas being considered, detailing homes and buildable lots within 1000, 2000, and 3000 feet of the proposed sites. Fawkes-Sylver pointed out the concentration of homes existing in the Cole's Neck area as compared to the other sites. Helen Wilson disclosed that her property is on the outside edge of 3000 feet from the proposed site; Chair O'Connell disclosed that he owns property within 2500 feet.
Drew Brown presented Costs, commenting that composting facilities are more expensive than landfills or incinerators. He added that Wellfleet has a favorable tipping fee with SEMASS, paying a little under $40 per ton, while Nantucket's tipping fee is $90 per ton. He stated that Nantucket had chosen the composting solution because it is an island and its transportation costs are very high; he pointed out that Edgartown, on Martha's Vineyard, pays $138 per ton. Brown added that SEMASS prices are cheaper for long-term contracts, more expensive for a daily rate, and that after 2015, Wellfleet would again pay a long-term contract price. He concluded his portion of the discussion by stating that the cost problem of pollutants is much the same for composting
materials as for other forms of garbage processing.
Chuck Turley, in summing up the presentations, noted that there were no good or even marginally compelling reasons for a composting facility, only vague reasons such as "perhaps fees might go up" or "Wellfleet should exhibit good citizenship and take all the outer Cape garbage." He ended by saying: "this whole thing stinks!"
David Wright, responding to the Chair's request for questions or comments from the Board, advised Allison Marshack that in succeeding presentations she should try not to run the risk of sounding "NIMBY" but should broaden her presentation to demonstrate her contention that this would be a bad plan anywhere.
Ira Wood, from the audience, stated that judging by poor attendance from the other four towns at a large and well-publicized meeting on the proposed composting facility and because of a statement by an Eastham official that the composting facility was going to be in Wellfleet, the foregone conclusion seems to be that no one thinks that any other site is being considered.
Helen Wilson stated that she had learned a great deal this evening and was taking away two points for consideration: (1) think about the whole issue, not just about Cole's Neck and (2) if not at Cole's Neck, then where?
Gerry Parent asked the presenting group if they had any solutions to the garbage disposal problem 12 years hence, with the potential contract to be renegotiated and with all the problems Wellfleet has had with water. Ira Wood replied by asking why no selectman has called SEMASS and tried to renegotiate now instead of waiting 12 years.
Chair O'Connell asked what the alternative was to SEMASS; Drew Brown replied that there are five incinerators in Massachusetts and that the state DEP's 10-year plan expects, through reduction in waste and recycling, that no more incinerators will be needed. DEP is not permitting construction of new incinerators. He added that this problem is not solely Wellfleet's but is statewide.
Alfred Pickard stated that a portion of Wellfleet's garbage goes to the Carver landfill when, in summer, a backup occurs that SEMASS can't keep up with.
Various suggestions were offered for Wellfleet's handling of garbage: the necessity for a strategem for recyclables, better management of solid waste, monitoring of discarding of cardboard; researching neighborhood community practices; composting on one's own lots. Mary Ellen Manning stated that even if a recycling facility were not feasible for the Outer Cape Towns, the county is committed to funding a study for the entire Cape.
Alfred Pickard asked how many of the presenters had seen the Nantucket facility; none had. Helen Wilson said a friend on Nantucket had reported favorably on the facility, noting that it did not smell. Wilson stated that she was concerned with what would happen after the garbage got to a facility such as the Marconi Site. Pickard wondered whether Nantucket controlled what went on to the Island, whether styrofoam was allowed? He added that stores there could not use it. Mark Berry suggested that the Planning Board should visit the Nantucket facility to see the closest plant in operation.
Rex Peterson informed the Board that the engineering report and site assessment are due in September and October and that ten different sites are under consideration; Gerry Parent suggested waiting until the engineering report comes back to see where Wellfleet falls on the list.
Harbor Planning Group. Rex Peterson reported that he is working on the Harbor Planning Group with the NRAB, Shellfish Constable Bill Walton, Health/Conservation Agent Emily Beebe, Harbormaster Mike Flanagan, and Beach Supervisor Suzanne Thomas. A state certified plan requires one member of the Planning Board to sit on this group; Peterson proposed to submit Alfred Pickard's name to the Selectmen. Peterson informed the board that he has copies of the CMR describing the harbor planning process: the time line will be about one year; there are four sections to the management plan; when the draft is ready, it will be distributed to interested boards; a series of public hearing will occur throughout the process.
Helen Wilson asserted that Pickard could not serve on this group, speaking to a conflict of interest because he works and owns property on the harbor.
Peterson, citing the list of members, all of whom have some connection with the harbor, stated that Pickard's knowledge of the area is the reason for him to become the Planning Board representative.
Gerry Parent commented that indirectly the majority of that committee is intimately involved with and derives salaries from the marina.
Mark Berry volunteered to serve if Pickard were not able to do so. Chair O'Connell suggested Berry as an alternate or as an additional representative.
David Wright asked whether the fact that the Harbor Planning Group was a public process was not enough to allow the public to trust those concerned with the harbor to participate on the committee.
Chair O'Connell moved that Alfred Pickard and Mark Berry be made nominees from the Planning Board to the Harbor Planning Group; Berry seconded. More discussion followed:
Helen Wilson moved to table the motion until everyone had read the parts of the conflict of interest law which applied to this situation. No second.
David Wright stated that the Selectmen should decide about such conflict.
Gerry Parent noted that town employees are almost a majority of the committee, with Pickard being the only businessman with a concern on harbor matters. Therefore, if the Selectmen so chose, he would be comfortable with having a businessman and a Planning Board representative on the committee.
Wilson asked why the Planning Board should not take advantage of the choice of Mark Berry, who has no conflict and who had been on the Marina Advisory Board for years; David Wright commented that this would make a cleaner presentation from the public image point of view. Berry stated that the question of conflict would be decided by the BOS. Pickard commented that disclosing a potential conflict is the reason for completing and submitted to the BOS Form 19B and that he had qualms about membership until he talked with others on the committee. He added that he, Mark Berry, and members of the NRAB would all be volunteering and that he felt his value to the committee would be that he is at the harbor every day.
Peterson reminded the Board that the plan produced by this committee must be vetted by state agencies, so no one element would be able to slant it. The plan will pare down the NRAB's 1995 plan into four elements: marina, shellfish management plan, public access, and legal and physical implementation strategies. An ACEC Resource Management Plan will be completed separately by the Conservation Commission.
Chair O'Connell spoke in favor of having two Planning Board members on the committee and stated that he saw no problem of conflict with Pickard. Helen Wilson mentioned her own membership on the Water Issues Advisory Committee, on which she said she would not serve if she were on the Cole's Neck Water System.
After a call for the vote, the motion passed, 4 - 1 (Wilson) - 1 (Pickard).
Old Business:
ANR #02-02--The Board signed the Slade Associates' ANR plan for Diana Crooks, 55 Kelley Way, Lot #129.1, Map #29; the plan contained the notation required by the Board upon approval (see minutes of 7/17/02).
Local Comprehensive Plan--The Board returned to previous discussion of the update of the LCP. Rex Peterson noted that one of the first decisions to be made was whether Planning Board should be exclusively responsible for the update or whether members of other boards should contribute. He added that Barnstable County would provide help in surveying and data analysis. David Wright cited work that he, the Chair, and Peterson had already done in going over previous Planning Board work on the LCP, suggesting that this could form the basis of future action. Chair O'Connell commented that if the update were worth the effort involved, then getting members of other committees and charging them with working on their particular elements would be helpful. Gerry
Parent described a scenario in which ATA Peterson would work as lead, going to other boards, getting their input, bringing it back and filing it with Planning Board. Peterson added that the whole plan could then be taken, edited, and revised. Alfred Pickard questioned whether, after the process, this updated LCP would sit on the shelf as the last one has; this question triggered a discussion of whether the BOS would implement the plan and whether implementation was needed. Helen Wilson, citing an electronic survey on LCPs which she and the Chair had examined, asked about financial tie-in with the Plan. Peterson stated that the State requires a community development plan to be certified for grant applications. David Wright, returning to the process, stated that he found the short exercise in reviewing the earlier work had clarified issues important to the town then and now and that he believed each board's revising would be helpful. He
pointed out as example that the earlier plan had recommended DCPC for the harbor when written. Peterson proposed to begin by taking the implementation chart to various boards to see what has and has not been done. Pickard suggested the use, as leverage, of the person from the county who would be available to do research in the fall.
Minutes of August 7, 2002--Gerry Parent moved and David Wright seconded the approval of the minutes as amended. Passed 6-0.
Mail--The Chair reviewed the mail, pointing out the following:
Announcement of Opening Day at Wellfleet Elementary School--9/5/02
8/16/02 letter from Jane Wallis Gumble, Director of the Dept. of Housing & Community Development, regarding important changes to Chapter 40B
Twice Green: Conservation SD Design Workshop, 9/10/02 in West Yarmouth
Stormwater Management Workshop, 9/17/02 at 7 p.m., Tom Maguire and Erik Mitchell of the DEP--information targeted to the Lower Cape
Letter of transmittal, Bourne Consulting Engineering re: Public Landing/Boat Ramp
Memo from Merilyn Hiller (8/7/02) on protection of migrating birds from communication tower structures
Announcement of Route 6 Safety & Traffic Flow Study Meeting to be conducted by the Cape Cod Commission on 9/18/02 at 7 p.m. at the Salt Pond Visitor Center in Eastham. It was decided that this meeting would be a valuable substitute for Planning Board's regular 9/18 meeting, for which no agenda items were forthcoming at this time; the regular meeting was, therefore, cancelled.
Executive Session--At 9:22 p.m., Chair O'Connell moved that the Board go into Executive Session; Helen Wilson seconded; David Wright voted aye, Alfred Pickard voted aye, Gerald Parent voted aye, and Mark Berry voted aye. At 9:27, the Board ended the closed session.
Adjournment--Alfred Pickard moved for adjournment; Mark Berry seconded. The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
________________________________ _____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary _________________________Date
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