Wellfleet Planning Board
Minutes of Meeting of November 20, 2002
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Helen Miranda Wilson, David Wright,
Mark Berry, Gerald Parent, Alfred Pickard; Rex Peterson,
Assistant Town Administrator
Excused: Lisa Brown
Chair O'Connell called the meeting to order at 7:00 p.m. The members agreed to alter the order of the agenda.
ANR #02-12; Robert S. Paine, Bay House Realty Trust, End of Paine Hollow Road, Assessor's Map #35, Lot #71, 1 lot & 1 parcel proposed. Bob Freeman of Schofield Brothers, Orleans, presented this plan for the division of land into a lot of 44, 587 square feet with a house and a parcel of 1.36 acres below the mean high water mark with an extension of the road around to the front of the house to provide frontage. (See minutes of 10/16 and 11/6/02 for previous discussion.) Attorney Karen Underhill also represented the owner during discussion, elements of which follow.
To a question of legal definition of mean high water, Freeman answered that it represents the average over 14 years of total measurement; this is recorded on the assessor's map. For this proposal, measurements were taken on the ground using the beach profile and the rack line. To the comment that with the recent full moon, the high tide mark extended beyond the driveway, it was noted that a big lunar tide would often exceed the mean.
It was established that the road was an already existing, town-owned road; discussion noted how far the pavement extended and that the non-buildable parcel would have insufficient frontage if it were to be buildable.
To the question of whether an easement to the lower property would be necessary, Freeman pointed out that the Paines are keeping a right-of-way open alongside of the road and that no public access was being eliminated because the road terminated at the mean high water mark.
It was commented that this plan did not meet the requirements of the definition of frontage, which states it is to be "measured continuously along one street line between side lot lines. . . ." Discussion ensued, including the suggestion that if there is not enough frontage to qualify the plan as an ANR, it might be possible to submit it as a subdivision and gain a waiver of frontage requirements. It was suggested that a local Planning Board can make regulations more permissive, for example, by use of the "curved street" measurement (if 60% of the requirement can be met at the street line) to achieve frontage. Freeman noted that the state looks to the towns for definition of frontage; the Chair stated that the Board must live with Wellfleet's
definition.
Attorney Underhill noted that the Paines will retain the right of access to the property and asked how the Board felt about the plan being submitted as a subdivision. Satisfaction with the right of way giving the Paines access was noted; a question of creating a precedent if the Board were to decide that the plan was adequate was posed; the investment for submitting a subdivision proposal and requesting a waiver for frontage was queried. It was suggested that the Board could continue the ANR, get an opinion from Town Counsel on frontage and the definition of a sideline, and make its decision at the next meeting. Ms. Underhill requested an informal poll of the Board regarding a waiver for frontage; one reaction to her request was that the Board has never waived for
frontage and that it would set a poor precedent.
The Board examined the deed and an old plan drawn when the lot was created in 1975; the original lot contained 126 feet frontage (125 feet then required).
The Chair asked for the Board's conclusion; it was agreed to seek Town Counsel's opinion on the following questions:
Does the plan contain legal frontage as shown?
Is the 23.5 foot section a sideline?
Is the 25 foot section (end of road) frontage?
As a single lot, does the 75 foot section on the westerly side of Paine Hollow Road count as frontage?
Does the road meet the definition of a curved street?
Can the Board count as frontage that which is under water part of the time? What map can be used for mean high tide?
Alfred Pickard moved and Gerry Parent seconded that Town Counsel be asked the questions cited above; the motion passed unanimously, 6-0. Rex Peterson will contact town counsel and relay the information to the Board. Mr. Freeman agreed to continue the ANR request to the meeting of 12/4/02.
Decision on Release of Security for Brush Cutting and Clearing of Dow Drive, Baker Estates. Arthur Croce joined the Board in its determination of whether to return to him his $25,000 check given as security against satisfactory tree and brush cutting and grass sowing in the L. D. Baker Estates development (see minutes of 11/6/02). The Chair stated that the tree trimming had been done to his satisfaction but that the grass was not yet satisfactory; he moved that the Board return to Mr. Croce his check for $25,000 and take a new check for $1500 (against satisfactory grass planting) which will be placed in escrow. Helen Wilson seconded the motion, which passed 5-1-0. Alfred Pickard stated that he voted against the motion because he felt that, initially, a lot should have
been held from release until all conditions had been satisfied.
Discussion of Shapiro ANR. Chair O'Connell recused himself from this discussion. On this previously approved ANR (see minutes of 5/15/02), Mr. Croce asked a question on whether Beach Road, the paper road which was used for square footage on the lot, was legally abandoned. Helen Wilson stated that there was no record of abandonment in Barnstable.
Discussion of Release of Security on Seeding of Bluefish Lane. In response to a letter from Chet Lay of Slade Associates asking for the release of the $1200 held in escrow by the town as security for seeding, the Board had visited Bluefish Lane subdivision during their site visit on 11/19 to inspect the grass. Alfred Pickard felt that only about 10% of the area had been vegetated; the Chair concurred; Helen Wilson found it partially done; Gerry Parent mentioned that some area had been covered with bark mulch rather than seeded. The Board expressed a desire to examine the file before making a decision. Chair O'Connell moved to continue this deliberation until the meeting of 12/4; Mark Berry seconded; the motion passed 6-0. Discussion moved to suggestions for insuring that
conditions on subdivisions be met in a timely fashion. Discussion covered:
Time limits on holding security check
Mandating security check for 4 to 5 times value of service, minimum acceptance for bond $5000
Necessity for a policy for using native species (for seeding)
4 to 5 months to get grass growing; holding lots in security
Applicant has choice of cash, land or bond; Mass General Law states that Board cannot be unreasonable in expectations but Board should hold something which is substantial enough to cover the work.
It was decided that the method of performance guarantee should be on the agenda for the next meeting; this will be covered under the discussion of subdivision regulation revision.
Revision of Subdivision Regulations. Chair O'Connell distributed a preliminary list of objectives for revision of subdivision regulations and reviewed this with the Board. Helen Wilson had also prepared a list; she stated that ten of her points were on O'Connell's list. She added the necessity for a list of definitions. The Chair proposed the preparation of a master list; Rex Peterson suggested getting this list to consultant Jon Whitten ahead of the time he would visit the board on December 18, 2002.
Other Business:
The Chair discussed his and Gerry Parent's memo to Building Inspector Asmann regarding the Peet discussion (see minutes of 11/14/02), which he ended with "any clarification would be helpful to us so that we might better understand these types of zoning questions." He added that he had also talked with Steve Rose about the Peet meeting, that Dale Donovan had suggested bringing in an expert for a joint Planning Board/ZBA discussion, and that Planning Board might offer ZBA some time on its agenda to bring in issues. Rex Peterson added the suggestion of a joint meeting of four boards (Planning, Zoning, Conservation and Health) on issues such as marginal lots, teardowns, etc.; he will pursue this idea after the holidays.
The Chair reported on a phone call from Sam Frank of the Nonresident Taxpayers Association (who is chair of the ZBA in his home town), who stated that he would like to know generally where the Planning Board is going on certain issues.
The Chair reviewed the mail:
Announcement from Cape Cod Commission of Regional Transportation Plan Meetings on 11/22 (Barnstable), 12/9 (Bourne), and 12/11 (Seashore Visitors' Center, Eastham)
Letter (11/6) from Lezli Rowell to the Harbor Planning Group regarding the certified harbor plan scope
Letter (11/8/02) from Attorney Douglas H. Wilkins regarding AT&T Wireless' request for a pre-application consultation with the Planning Board at the "earliest possible date"--this has been scheduled for the meeting of 12/4/02
Minutes and information on possible wellsites from Ben Gitlow of the WIAC (noted by Helen Wilson, who also announced that WIAC will meet with Health Agent Emily Beebe and the Water Commissioners on 12/10/02)
Minutes of 11/6/02 and 11/14/02:
Alfred Pickard moved approval of the 11/6 minutes as amended; Chair O'Connell seconded; motion passed 6-0.
Discussion of the minutes of 11/14/02 was held until the next meeting.
Chavchavadze subdivision road naming--the Chair noted that Michael Ensor was inquiring about naming the development road Aaron Rich Road; it was suggested that it should be Aaron Rich Road Extension and should be submitted under subdivision procedure.
Bylaw Revisions: Dual and Multiple-Use Zoning. Gerry Parent recused himself and left the meeting. Discussion of proposed bylaw revisions continued (see minutes of 11/6), touching upon the following points:
In concentrating on mixed business and residential, the suggestion that use table be left as is, with residential in the commercial zone conforming to affordable housing
Questions as to why not housing in C2 zone also and why only affordable housing (town is dictating to homeowner and business owner as to whom he may rent)
Suggestion that the focus be on year-round housing
Mixed use in Central District; question of where Central District extends
Concept of "use variances"
Suggestion that Board wait on mixing commercial and residential until it has a higher percentage of affordable units available, since Board "bent over backwards" by including moderate income and the town still has a very low per capita income
Comment that this is an opportunity to let the free market operate; statement that the Board will substantially restrict the amount of housing units that will be constructed if it restricts the mixture to only low income units
Discussion of amnesty for illegal rentals; comment that some will be lost anyhow because of substandard septic, etc.
Necessity to redefine the Central District
Argument against doing a residential/commercial mix in a residential district; no problem in C and C2 zones but a need to differentiate in Central District between the NewsShop and a residence on Holbrook Avenue; comment that businesses on Main already have apartments which were pre-existing
Discussion of better use of C2 district with special permit to fulfill existing town needs; suggested changes to several categories in C2 use tables were reviewed
Comment that the ZBA should look at the "co-ordination" of the neighborhoods as to what it allows with a special permit
In reference to Rex Peterson's 7/17/02 memo to the Board, discussion of definition of "Health Care Clinic" with reference to addition of prescription services
Helen Wilson urged that there should be:
two separate articles if the zoning bylaw revisions go to Town meeting: Mixed Use Residential/Commercial and Mixed Used Commercial/Commercial
the insertion of the word "commercial" in the proposed amendment to the Wellfleet Zoning By-laws, Section 5.4.6 (Peterson memo of 11/15, Article D) so that it reads: "More than one principal commercial use may be allowed on a single lot in Districts C and C2 . . . ."
Mark Berry moved to take this up at the next meeting and to adjourn the meeting at this point; David Wright seconded the motion; the motion passed 5-0 and the meeting adjourned at 10:15 p.m.
Respectfully submitted,
_________________________________ _____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary _______________________Date
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