Wellfleet Planning Board
Minutes of the Meeting of October 16, 2002
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Lisa Brown, Alfred Pickard, David Wright,
Helen Miranda Wilson; Rex Peterson, Assistant Town Administrator
Excused: Gerald Parent, Mark Berry
Chair O'Connell opened the meeting at 7:04 p.m.
Preliminary SD #02-04; David S. Johnson, 130 Long Pond Road, Lot #148, Assessor's Map #15, 4 lots proposed. Continuing the discussion of this preliminary proposal (see minutes of 10/2/02), Chet Lay distributed to the Board a slightly revised plot plan and copies of his letters to and from the Massachusetts Highway Department regarding a similar plan from Truro addressing a concern about "illusory frontage" on Route 6. He pointed out that the state had responded in that case that it was not their policy to turn down curb cuts. Mr. Lay then described the owner's intention to repave, widen and put in draining on the way coming into the subdivision from Long Pond Road. He reiterated the fact that, to avoid creating a precipitous side slope, he does not wish to change the road's grade of 12%
and will request a waiver of 1-2% in the grade for the first 100 feet off Long Pond Road.
David Wright asked if the cul-de-sac were illusory; Lay answered it was not, that Mr. Johnson would construct it. Wright, citing a proposal from the last meeting to increase the way's length to the center of the subdivision so that an access easement would not be necessary, asked if such a central way might not improve the neighborhood.
The Chair stated that he was concerned about the easement allowing commercial traffic in 50 years time, when the covenant was lifted. Lay, stating that the easement would be a flat surface of 14 feet wide, pointed out that the subdivision was going to be restricted to residential zoning. Alfred Pickard asked if the Board could restrict the easement to residential, and was answered by Lay and Linda Canty from the audience that this would be unnecessary, since commercial property cannot be accessed through residential property.
Pickard stated that he preferred the easement over expanding the way for a central cul de sac; Lisa Brown also preferred the plan as it stands, without necessity for a great deal of earth-moving. David Wright pointed out that if the Board was creating a neighborhood, it would be better if the cul de sac were in the middle of the parcel. Lay commented that this placement would ruin the building site.
Lay restated that he would request waivers for 2% on the grade of the first 100 feet and for the width of the circle. The Chair, noting that preliminary approval was not binding, felt that this plan was satisfactory. Lisa Brown moved and David Wright seconded acceptance of the proposed SD #02-04 as a preliminary subdivision plan. The motion passed, 4-0. (Helen Wilson, having recused herself from the discussion at the previous meeting, did not arrive until this agenda item was concluded.)
Before leaving the meeting, Mr. Lay informed the Board of the progress of the appeal against the Board's decision on the Chechelnitsky subdivision. He stated that Atty. Duane Landreth planned to request a summary dismissal of the case.
Information Session with Bob Freeman, Surveyor with Schofield Bros. Orleans, re: Preliminary Division Plan of Land for Robert S. Paine, Paine Hollow Road. Mr. Freeman attended this Planning Board meeting with a proposal to divide a parcel at the end of Paine Hollow Road belonging to Bob Paine; the land contains an existing dwelling and extends by title into the water of Blackfish Creek. The owner wishes to create an upland lot for sale on the upper section containing an existing dwelling and to keep the title part, the site of his son's shellfish grant, this to be done to accommodate clients who are not interested in paying for the half of the lot which is under water. (Both the Chair and Lisa Brown commented that beach rights might be an issue here.) Mr. Freeman questioned the Board as to
whether he could make the division an ANR, cutting the water part off; however, he has a frontage issue in that the building lot is short on frontage by 24 feet. (At this point, Helen Wilson joined the discussion; she had come late because she had recused herself from the Johnson subdivision discussion.)
A discussion of lot frontage followed. Mr. Freeman felt that Wellfleet's definition of frontage (p. 13, Zoning Bylaw) allowed him sufficient frontage in its provision for curved streets. Alfred Pickard asked if the road could be extended into the water, thus affording frontage for the non-buildable, underwater lot.
Helen Wilson suggested the need for a site visit and asked if the road was a town road; Freedman said that it was, had been in existence since 1842, and, by description, went to the mean high water line.
The Board considered the question of whether a lot can be created without frontage; it was concluded that a lot must have frontage and adequate access. Creating a parcel was then considered, since there need be no concern for frontage for the area under water. The Chair commented that there ought to be a way to create a non-buildable lot.
Several questions were raised:
Can a town road be extended out into the water?
If Planning Board can waive frontage requirements, why is it necessary to extend the road?
If land is subdivided, must all parcels be buildable?
Is there a state regulation on how to measure for frontage on curves?
The Chair noted that if this proposal is not an ANR, then it is a subdivision, and Mr. Freeman would need to submit a preliminary subdivision plan; Alfred Pickard noted that the plan Mr. Freeman had bought to the discussion would be adequate.
Pickard stated that he was not opposed to this procedure but warned that the Board should not open Pandora's Box to people who might try to open up access and create a separate asset that could be sold.
Mr. Freeman added that if a subdivision plan were submitted, the Board could pass a waiver to allow both lots adequate frontage.
Subdivision Regulations. Rex Peterson explained his plan for improvement of the Wellfleet Subdivision Control Regulations; he has received a grant from the Cape Cod Commission to improve Wellfleet's SD Regulations and proposes to hire Jon Witten of Horsley and Witten to work as a consultant on this project. Peterson proposed that time be spent on these regulations during the second meeting of each month, with completion of the process by March. On November 20, the Board will establish goals and objectives; Mr. Witten will prepare a first draft, a second draft for January 15, and a final draft to be approved on February 19; a Public Hearing on the Regulations will be held on March 19. Peterson pointed out areas which need attention, such as Rural Road Standards, since the Board grants waivers
for roads in subdivisions and needs to set standards for subdivisions of less than 6 lots. Other topics mentioned for attention were Cluster Developments, Lot Clearing, and Fees. Chair O'Connell suggested that a set of regulations be sent to each Board member so that people could look them over before Jon Witten came for discussion; the Board decided to discuss the regulations on November 6.
Other Business. Helen Wilson presented several concerns to the Board:
Static Water Sources--Wilson distributed to the Board material on underground holding tanks and dry hydrants which she had obtained from Fire Chief Alan Hight; she stated that she felt that Planning Board had approved a couple of subdivisions which could have used such protection. Adding that the cost of a unit would run around $11,000, she noted that installation of these cisterns should be triggered by distance from water and by the neighborhood and that, unlike hydrants, they are not an unlimited source but that the fire department can fill them as necessary. Chief Hight is in favor of using these tanks for subdivisions, an idea which Wilson said was brought forward but not approved in the 1980's. Alfred Pickard asked whether the tank would be metal or
fiberglass, whether it would last 20 years or longer? Wilson reported that Chief Hight had stated these tanks required no maintenance; she concluded by recommending that provision for these should be part of the town subdivision regulations and that the Board needs to look at triggers for them.
Zoning Act 5-2--Wilson pointed out that state regulation 40B, Section #5-2, adopted in 1987, provides for notice of certain zoning bylaw changes to nonresident owners if they have registered for such notification with the Town Clerk and that she had given this information to Mae Ruth Seidel with the suggestion that she funnel it to Wellfleet's Non-resident Taxpayer Association.
Water Issues--Wilson noted that in Town Meeting, voters had approved $1.4 million to construct a water system for certain municipal buildings. It was her contention that Environmental Partners had, in the time between their initial (and somewhat hasty) site listing in June and the present, gone beyond what they were supposed to do, considering a large well which would serve a lot of people. The Chair asked whether the scope of the contract or the contractor was at fault. Rex Peterson stated that he was not comfortable discussing this without the Town Administrator or the Selectmen present and that this topic would be presented at the BOS meeting on October 21; Wilson stated that she was simply filling in her fellow board members before that meeting. She
continued that at a recent water meeting with the Seashore, town leaders, and Mike Quink of the DEP, the following was discussed: In the State of Massachusetts, if a water main runs past a house lot, the homeowner has the right to hook up to this main. Title 5 septic regulations are then relaxed. The property does need adequate room for a leach field, but a 5-bedroom house may become legal where heretofore the lot had not been adequate for 5 bedrooms. She continued that no septic regulation remains unless in a nitrogen-sensitive area. Discussion continued, including the implications of this regulation, mining of the landfill, reliance on Title 5 to limit building expansion, town regulations which prevent expansion of restaurants even when hooked up to municipal systems, and the fact that the meeting of 10/21 should afford the best water system information. Ms. Wilson concluded by pointing out that the town could use a very small well, possibly hook up
to Cole's Neck rather than drilling a new well, and that there would be a recommendation from WIAC giving the options. Alfred Pickard asked whether Wilson felt more concern for water uses near the dump or in the center of town; she replied that the town has a legal commitment to the transfer station area and that she was concerned regarding the overuse of the aquifer where the well is sited.
Question of Heavy Industrial Use through a Residential Area--David Wright posed the question of whether heavy industrial use traffic is allowed to cross through a residential area, citing the case of Harrison vs. Town of Braintree. Asking what constitutes industrial, what municipal, Wright initiated a discussion of whether this decision would apply to the "garbarge grinder" controversy. Case law, he stated, disproves an industrial use going through a residential zoning district since the residential zone did not authorize industrial use; however, the Cole's Neck dump is a municipal use, for which no precedent has been established.
Baker Estates--Lisa Brown reported that Atty. Arthur Croce had asked her to have Planning Board return his surety check for required sight line improvements (Section 4.2.1 of Wellfleet Subdivision Regulations) to L. D. Baker Estates. The Chair suggested a review of the minutes of the June 22, 2002 site visit to determine the Board's recommendations and a site visit to decide whether those conditions had been met. Rex Peterson will contact Mr. Croce and instruct him to make his request to the Board in writing, explaining that this written request will trigger the Board to act upon the matter.
Minutes of October 2, 2002--Lisa Brown moved that the Board approve the minutes of 10/2/02 as amended; David Wright seconded; the motion passed, 5-0.
Mail--The Chair reviewed the mail:
Letter from John G. Wallace (10/15/02), Citizens for the Preservation of Wellfleet, to the BOS; Mr. Wallace asks the BOS and town counsel for information concerning the Town's ability to vote the garbage processing facility project in or out of existence
Letter from Town Counsel Patricia A. Kantor concerning recent Telecommunications Act decisions
Announcement of Cape Cod Commission Town Planners' Meeeting on 11/1/02
Rex Peterson Addresses Wellfleet Forum--Chair O'Connell announced that Peterson would speak to the Forum on Thursday, October 24 at 7 p.m. at the Library; he will review progress on current town issues.
Lisa Brown moved to adjourn the meeting; David Wright seconded. The meeting was unanimously adjourned at 9:25 p.m.
Respectfully submitted,
_____________________________ ___________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary __________________Date
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