Wellfleet Planning Board
Minutes of Meeting of January 15, 2003
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Lisa Brown, Helen Miranda Wilson, Mark
Berry, David Wright, Gerald Parent; Rex Peterson, Assistant Town
Administrator
Excused: Alfred Pickard
Chair O'Connell called the meeting to order at 7:00 p.m.
Public Hearing: SD 02-04; David S. Johnson, 130 Long Pond Road, Assessor's Map #15, Lot #148, 4 lots proposed. Helen Wilson recused herself from this discussion. Chester Lay of Slade Associates represented Dr. Johnson for this definitive subdivision hearing; he stated that a view easement over Lots 2 & 3 in favor of Lot 1 was an addition made to the final plan (for earlier background information see minutes of 10/2 and 10/16/02 re: the preliminary subdivision hearing). Lay distributed copies of the road plan and profile and recapped the proposal: 7 acres are divided into 4 large lots; all lots are restricted to residential zoning only (2 lie in the commercial district); all lots are restricted against further subdivision. Lay distributed the Form D covenant; among the requested
waivers was the request that Lot 1 should not be subject to the terms of the covenant. Lay explained that Lot 1 was at present under agreement and that Dr. Johnson wished to convey Lot 1 to gain working capital and was, therefore, requesting its release. Lay added that the other 3 lots would remain under covenant and that the homeowners' agreement would apply to all 4 lots.
Chair O'Connell read a letter from DPW Director Mark Vincent stating: "Due to the change in height elevations and percentage of graded slope, extensive drainage detail will be required to show that total stormwater recovery is accomplished, and to prevent any drainage onto Long Pond Road." Lay stated that he would see Vincent as soon as possible with a copy of the Road Plan and Profile to satisfy him on the drainage issues.
Lay handed in for the file letters from Police Chief Rosenthal (9/17/02), assenting to construction on the site, and Fire Chief Alan Hight (9/24/02), suggesting the cutting back of the large trees on either side of the drive to the top of the hill to allow emergency vehicle access.
Linda Conte of Thomas Brown Associates Realty summarized the proposed view easement for the Board: width of 35 feet, reasonable trimming, trees over 12 feet in diameter may be trimmed but not removed.
Rex Peterson noted that the waiver on the slope of the drive had not been included in the covenant; Lay stated that he would correct this.
The Chair then called for comments from abutters to the property; none were forthcoming. In further Board discussion, the Chair stated his hesitation to vote on this matter before Mark Vincent's concerns were satisfied. Gerry Parent asked for assurance that the catch basins pictured on the plan and profile would be effective; Lay answered affirmatively.
Discussion ensued as to whether this hearing should be continued for DPW approval and correction of the covenant. Lisa Brown moved that the Planning Board approve the definitive plan and road plan and profile for SD #02-04, David S. Johnson, subject to the following conditions:
Written approval by DPW Director Mark Vincent within the next 7 days
Satisfactory correction of the Covenant.
Mark Berry seconded; the motion passed 5-0. The Chair closed the hearing and Helen Wilson returned to the table.
Kelley Way. Chet Lay distributed Kelley Way Entrance Plan and Profile (ANR #02-02; Diana Crooks, 55 Kelley Way, Lot #129.1, Map #29), explaining that Mass Highway had mandated changes to the original. Echoing the concerns of the abutters, the new plans move the guardrails and make the apron bigger; the entrance width goes from 60 feet to 20 feet to 10 feet as it leaves Route 6 and enters Kelley Way. Lay noted that this amendment would allow two vehicles to pass each other at the entrance.
Peets Variance: Asmann Letter of 12/31/02. The Board discussed Building Inspector Richard Asmann's letter of 12/31/02, written in response to the Board's request that he review the Building Permit issued to Arthur Peets for a single-family house foundation on Lot 121, Assessor's Map 36. Areas covered in the Board's reaction to Mr. Asmann's explanation of his reasons for issuing the permit included:
Disagreement with the BI over the common ownership issue
Suggestion that the Board is treading on serious ground, perhaps "undermining credibility"; the Board has presented facts to the BI but he has not changed his decision
Necessity for completely verifying facts before going further; suggestion that the history of the lot be researched in Barnstable
Comment that if building has begun on the lot, "going further" may result in a lawsuit; question of whether this issue is important enough to pursue; discussion of whether or not this permit establishes a precedent; agreement that it does not establish a precedent
Demonstration of existence of two different concerns here: whether ZBA will grant a variance on an oddly-shaped lot and whether a Building Permit can be challenged
Suggestion that BI be invited to discuss this problem with the Board after Peets' lot has been researched
Information that Town Counsel could not represent any of the principals if Planning Board appealed the permit; 3 lawyers ( for Planning Board, for ZBA, and for Building Inspector) would be necessary; process would have to be taken first to the Town Administrator and then to the BOS for decision
Suggestion that Town Counsel do a title search--discussion of expense to town
Statement that instituting a lawsuit involves a substantial step as far as expense, effort, etc.; advice to consider what the consequence would be to the Town stemming from the Planning Board's desire to exercise its rights
Statement that this decision was a "done deal" and that, if it happened again, the Board would need to get its opinions in earlier before decisions were made.
Comment that Planning Board had earlier decided not to pursue this matter and had written a letter to the BI instead.
Contention that this is not a "done deal," that the facts concerning common ownership have already been researched and that this research could be checked by another member of the Board.
Discussion of the fact that it was not just a matter of checking research but of questioning the Building Inspector's judgement as evidenced in his letter of 12/31.
Amnesty for Affordable Accessory Apartments. Helen Wilson briefly outlined her idea of a special meeting with the Building Inspector regarding amnesty for affordable accessory apartments. She proposed that the Planning Board should write a warrant article which would provide such amnesty. Pointing out that articles for the warrant are due in the Town Administrator's office in two weeks, Gerry Parent stated that he was not ready to try to get a warrant article prepared for that deadline. The Chair added that although he would be concerned about getting the article done in two weeks, he was willing to work on it. Rex Peterson agreed to try to set up the meeting.
Discussion of Jack Ferreira's Proposal for Morea Park Road. Gerry Parent and Chair O'Connell recused themselves from the proceedings; Parent left the meeting and the Chair sat in the audience for this discussion. Lisa Brown took the chair. Mr. Ferreira explained the history of Morea Park Road (a paper road running parallel with Coors Way off Brown's Neck Road) and the lots adjoining it, explaining maps and documents he had previously sent to the Board. His desire was to eliminate Morea Park Road, which is filled with trees and vegetation and provides a buffer between the adjoining lots and Coors Way, without opening up the possibility that the trees and vegetation could later be cut down. Ferreira outlined his plan for granting access by driveway from Coors Way for the one lot (#158)
for which access is needed in the subdivision; he has already obtained easements allowing the access from almost all the Coors Way property owners. The Conservation Trust already owns Lots #156 and 157; he proposes giving Conservation Trust a portion of the paper road which touches these lots to insure them access.
Lisa Brown asked what would be the legal ramifications of granting driveway access to Lot #158 while leaving Morea Park Road as a paper road.
Helen Wilson noted that if the Board were to change anything major in a previously approved subdivision a hearing would be necessary.
Ferreira replied to Brown's question of leaving Morea Park a paper road by stating that if the road were removed, no one could ever put a road there. But if it were left a paper road, it could be preserved for the 2 lots of the Conservation Trust.
David Wright summarized the options:
Eliminate the road
Keep the road
Give the road to the Conservation Trust with a driveway easement to Lot #158.
Ferreira stated that he would deed the road to the Conservation Trust, which would preserve the setbacks. Helen Wilson stated that if Morea Park Road were given to the Conservation Trust, it would no longer be a road and #158 would have no frontage; Ferreira commented that even though it's a paper road, it's still a road and asked the Board's advice on frontage and the easement. Lisa Brown suggested that he go to the Conservation Trust and ask if they could work with his plan to give them Morea Park Road. Wilson added that if the plan did not work with the Conservation Trust he could leave the road a paper road.
Ferreira stated that he had needed to know that Planning Board would approve the driveway access to Lot #158 from Coors Road.
Executive Session. The Chair, stating that a letter had been received from Town Counsel which needed discussion, moved that the Board enter Executive Session. Brown voted yes, Wilson voted yes, Wright voted yes, Berry voted yes, and O'Connell voted yes. The Board entered Executive Session at 8:37 p.m. and closed it at 8:45 p.m.
Zoning Bylaw Revision Discussion. The Board returned to the bylaw revision discussion of earlier meetings. Rex Peterson reported that he had sent all earlier revisions to Betsy Lane of Kopelman and Page and had received a faxed reply that afternoon. The material which he sent in had included additions from the Board of Selectmen on types of alterations which do not result in an increase in nonconformity.
David Wright disagreed with including in the C2 zone the following (5.3.2 & 5.3.5):
Boathouse, Commercial Riding Academy
Funeral Home Stable, Public
Guest House, Public
Nursing Home
since they are all traffic magnets; he stated that they had not been placed in C2 previously for that reason.
The Chair asked if it would be better to go with the broader scope, allowing this inclusion, and reduce the scope in the Public Hearing on these bylaw revisions. He noted that the next step was to send this on to the TA and the BOS. Wright felt that it was not necessary to send the "heavier traffic" items to the BOS.
Helen Wilson discussed the significance to mixed use zoning of amnesty for affordable auxiliary apartments. Mark Berry defended the right of the private sector to also provide rentals in commercial zones. Wilson suggested that in commercial/residential mixed use, the residential should be "year-round" housing; Berry thought it wrong to expect the town to focus on all housing problems.
The Chair asked Peterson if recommendations on bylaw changes are ready to go to the BOS; Peterson replied that the language for the warrant and the language for the legal ad should be the same and that these need to be submitted to the TA in two weeks, after which he can make a forward submission to the BOS and have it come back for a public hearing. He proposed that the Board submit the article to the TA and review it again on February 5.
The Chair moved not to make the following additions to the C2 zone (Sections 5.3.2 and 5.3.5): Boathouse, Commercial; Funeral Home; Guest House, Public; Nursing Home; and Riding Academy; Stable, Public. Helen Wilson seconded; the motion passed, 5-0.
Mail. The following mail items were reviewed:
Barnstable County Commissioners letter of 1/13/03 re: forum on Regulatory Assessment for Distributed Generation to be held of 1/31/03 at the Superior Court House in Barnstable.
Annual Report--Rex Peterson confirmed that changes suggested by Helen Wilson had already been incorporated in this document.
Memo from TA Tim Smith re: Annual Town Meeting to be held on 4/28/03
Cape Cod Commission's Mapping Meeting to be held 1/24/03 at the Superior Court House
Minutes of 12/18/02. Lisa Brown moved and David Wright seconded to approve the minutes of 12/18/02 as amended. Passed, 5-0.
The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
_______________________________ ___________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary ______________________Date
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