Wellfleet Planning Board
Minutes of Meeting of November 6, 2002
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Helen Miranda Wilson, Mark Berry,
David Wright, Alfred Pickard, Gerald Parent; Rex Peterson, Assistant Town Administrator
Excused: Lisa Brown
Chair O'Connell called the meeting to order at 7:00 p.m. The Board, with Richard Lay's (Slade Associates) concurrence, agreed to change the agenda order so that Mr. Croce could be heard first.
L. D. Baker Estates--Discussion of Release of Security Held for Tree Trimming. Attorney Arthur Croce attended the meeting to follow up on his written request for reimbursement of his $25,000 surety bond for the cutting of trees and brush (for improvement of sight lines) and planting of grass at the Capt. L. D. Baker Estates (see minutes of 6/19 and 6/22/02). The Board had conducted a site visit there the day before the meeting; it found there was no grass along Dow Drive, not all the indicated trees had been trimmed, items to be trimmed were still flagged, the low oak bushes had not been removed, and the stop/street sign was not set in cement but simply stuck in the ground, the sign improperly fastened to the pole. Mr. Croce explained that grass seed had been sown but because of the drought had
not grown; he asked if he should have more sown now. Alfred Pickard suggested that winter rye or clover might germinate and grow now; Croce stated that he would get Ponderosa Landscaping to do this. Mark Berry noted that the Board had discussed the necessity for brush cutting; he moved that Mr. Croce have the brush cut to the Board's satisfaction and that the Board would then return the $25,000 check and receive from Croce a $1500 check as a surety for the grass seeding. Gerry Parent amended this motion to specify that if the area was not brushed back satisfactorily by the next Planning Board meeting (11/20/02), the $25,000 check would be cashed. If the brushing was satisfactory, the check would be returned and Croce would submit a new check for $1500. Berry seconded the amendment; it passed unanimously (6-0). The motion was then voted upon; it passed unanimously.
ANR #02-10; John F. & Deborah Magee, 5 Way #70, Wellfleet, Assessor's Map #s 22 & 23, Lot #s 20 & 191, 1 lot proposed. Dick Lay presented this proposal, explaining a plan to redivide the land in two adjacent lots by taking the southerly portion of the easterly lot and joining it with the westerly lot, resulting in a total of 36,846 square feet for the westerly lot and 30, 095 for the easterly lot. Mark Berry noted that the lots have access and frontage; he moved that the plan be accepted as Approval Not Required. David Wright seconded; the motion passed unanimously (6-0).
ANR #02-11; Sue Anne Oliver, 2147 State Highway (Route 6), Assessor's Map #23, Lot #219, 3 lots proposed. Mark Berry recused himself from discussion. Dick Lay presented the proposal to divide the 3.1 acre lot in 3 sections: Lot 11 contains an existing dwelling, Lot 10 is intended for the owner's daughter to build a house, and Lot 9, which is not large enough to be buildable, is to be combined with a northerly adjacent parcel, Lot D. A plan note conditions: "Lot 9--to become & remain part of Lot D, Plan Bk. 277, Pg. 11." After discussion, David Wright moved to deem the plan Approval Not Required; the Chair seconded. The motion passed, 5-0.
Minutes of 10/16/02. Alfred Pickard moved acceptance of the 10/16 minutes as amended; the Chair seconded; the minutes were approved, 5-0-1.
Mail. The Chair reviewed the mail, noting:
A letter from Earl W. Duval, Attorney for Verizon Wireless (10/18/02) stating that he was preparing a special permit application for Verizon's location of equipment on the Nextel pole. (Rex Peterson stated that he had had correspondence with AT&T Wireless, who had taken the tack that they had been approved as part of the Nextel agreement in 1999. Peterson had responded that AT&T needed to get the proper permit from the Planning Board or the Board would ask the Cape Cod Commission to refuse to grant the final signoff for operation.)
A letter from Mass Highway (10/29/02) stating that they were in receipt of an incomplete permit application for access to a proposed retail complex (located in South Wellfleet?).
Notice from the Administrative Office that the material for the 2002 Annual Town Report is due by December 18; the Chair requested that Rex Peterson submit a draft report for board approval by the first meeting in December.
Other Business.
Chair O'Connell reported to the Board on the Cape Cod Commission Meeting of November 1, stating that the main focus was a report from the town planners' Zoning Reform Working Group, which has been working to try to get legislative sponsors for reform of the statewide zoning act in several different areas:
Stated purpose--hinders home rule
Tighten up exemptions--abuse under religious and educational areas
Consistency with adopted plans
Site plan review language
Transfer of development rights
40B
ANRs--trying to get rid of them
Data submission--plans dated for the next planning board meeting
Performance guarantee--giving the planning board the approval of methods for performance guarantee
Park and playgrounds
Make legal inclusionary affordable housing issues
O'Connell added that the working group hopes to go final with amendments on 11/20; for those interested, further information is in the files.
O'Connell brought to the Board information about a variance case which had been heard by the ZBA on 10/24/02 (Arthur L. Peets, 25 Centre Street, Lot 121, Map 36); the ZBA ruled for the owner of this 200 by 75 foot lot in allowing variances to the 100 foot depth requirement as of 7/14/75 and the setback requirement of the July 2000 Zoning Bylaw. Discussion covered:
Reasons for variances: topography, soil conditions and shape
Shape of this lot did not meet setbacks, not appropriate depth
"Shoebox" lots were sometimes glued together by town
Was this lot created from an ANR?
Suggestion that this lot was sold on the assumption that a variance could be obtained for building
Assertion that this lot was buildable but not to the configuration of a house that the owner wanted to build
Question about variance on current setbacks--theoretical question of what to do when such variances are issued
The need to see the ZBA findings of fact and minutes, to know when the lots were created, to know whether the town joined the lots, to see what the plan shows about adjacent lots of the same size
It was decided that the Board needed more information about the issued in order to discuss it further.
Gerald Parent inquired what the upcoming Subdivision Control Law Review would entail. The Chair offered some suggestions: rural road standards, environmental protection, "as built" submissions for road, and DPW inspections.
Further discussion of Paine Hollow Plan. Rex Peterson informed the board that Mr. Freeman (Schofield Bros, Orleans) was looking for advice on whether he should submit the Paine Hollow Plan (see minutes of 10/16/02) as an ANR or a subdivision. Mark Berry recused himself from the discussion, which touched upon the following points:
The lot was created in 1975 with another ANR plan; 125 feet of frontage was required at the time; a waiver of frontage requirements was suggested.
Suggestion made of posting a hearing, also of gaining a variance from ZBA if inadequate frontage were determined. It was pointed out that there is already a house on the lot; therefore, a Planning Board waiver, not a Zoning Board variance, is required.
Discussion of the curved aspect of Paine Hollow Road (for frontage calculation); reading of appropriate regulation; question of size of angle; calculation that 81 feet is over 60% of requirement; argument that this is not a curved route but a change of direction.
Comment that lot meets criteria for waiver; road is adequate for vehicle traffic to service one house.
Suggestion for a "paper turn" (small cul-de-sac), illusionary but providing legal frontage. The already-built driveway insures this is not a pre-existing nonconforming lot. Planning Board should not jeopardize frontage issues (in creating frontage deficiency, the board gives the plan nonconforming status). Giving the plan conforming lot status keeps it out of ZBA.
Opinion offered that Mr. Paine should be allowed to divide this land, but in the best way from a Planning Board perspective.
Helen Wilson suggested withholding further discussion until Mr. Paine's representative presented the plan; the Chair added that the board was under no obligation to make a decision at this time.
Discussion of Zoning Bylaw Revisions--Multiple Use Zoning. (Gerald Parent recused himself and left the meeting at this point.) Rex Peterson asked the Board to decide where it was going with multiple-use zoning, previous discussion having moved from dual use (Council on Aging-Outer Cape Health) to combinations of residential and commercial zoning. At Helen Wilson's request, Peterson read aloud Building Inspector Asmann's 8/6/02 memo on zoning changes; discussion continued from there, touching upon:
IGA building as existing allowable retail spaces (original use commercial)
Mixing of residential with commercial; businesses needing special permit; special permits required because Wellfleet has no commercial site plan review
Suggestion that Board consider only certain zones, e.g. commercial, excluding residential
Creation of spot zoning not permitted (re: Outer Cape Health)
Consideration of zoning tables (Section V of Zoning Bylaw--Use Regulations)
Comment that mixed use (residential/commercial) exists all over town in affordable accessory dwellings
Suggestion that in Commercial or C2 zones, anything permitted as a commercial lot might have a second, not residential, use on that lot with a special permit
Comment that Board seems to want the following: apartment over shop, mixed use in same category; various uses in same category; no change in residential; jumping principal uses from category to category with special permit
Discussion concluded with Helen Wilson's suggestion that everyone spend some further time looking through the use tables to see how they work; David Wright asked whether the Board wished to mix "inter- or intra-" category. Mark Berry suggested that time be allotted for more discussion at the next meeting.
David Wright moved that the meeting be adjourned; Mark Berry seconded. The meeting closed at 9:55 p.m.
Respectfully submitted,
_________________________________ _____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary ________________________Date
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