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Wellfleet Planning Board
Minutes of the Meeting of February 5, 2003
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Helen Miranda Wilson, David Wright,
Alfred Pickard, Gerald Parent; Rex Peterson, Assistant Town
Administrator
Excused: Lisa Brown
Absent: Mark Berry
Chair O'Connell convened the meeting at 7:02 p.m.
ANR #03-01; Peter J. and Judith A. McNulty, 31 East Commercial Street, Assessor's Map #15, Lot #112, 2 lots proposed. This plan to divide the McNulty's property, which contains two buildings, so that one building will occupy each parcel, was presented by Chet Lay of Slade Associates, with the McNultys also in attendance. Mr. Lay, referring to the faxed letter (2/5/03) which the Planning Board had received from the McNulty's attorney, Mr. Michael B. Stusse, noted that Mr. Stusse had requested that this letter become part of the record. Stusse, stating that each building had been "erected prior to the enactment of the subdivision control law in the Town of Wellfleet" and that "each building is substantial," urged the Board to "endorse the plan as it conforms to the
statuatory requirements." Another letter, this from Richard Asmann, Building Inspector, (2/4/03) noted that the applicants were entitled to an endorsement from the Planning Board under MGL 41 Sec 81L but that the designation of the second structure as a garage/dwelling should be changed on the plans, since "this action is not creating a dwelling and instead may be creating a non-conforming structure on a non-compliant lot that could never be used for anything other than storage." Lay stated that the Planning Board would in no way confer any zoning status by endorsing this plan, citing case law to support his point; he noted, also, that the McNultys already have an appeal in court concerning an earlier ZBA decision on this property. Lay stated that the Planning Board had three choices: endorse the plan, do nothing and after 21 days it would receive automatic approval, or designate it as a subdivision (which it clearly was not). In ensuing
discussion, the following points were covered:
Discussion of abandoned use of the "garage/dwelling"
No frontage exists for the lot.
The buildings are substantial.
It was determined that the applicants have read and understood the Building Inspector's letter prior to the meeting.
Endorsement of the plan does not imply that it in any way complies with zoning.
One of the other hurdles for any proposal on this property would be the Board of Health's decision on the septic system
Concern that the McNultys may be giving up use of the garage/dwelling
Possibility that with 81-L approval and BOH permission for shared septic and shared well, the garage/dwelling might be brought back to living status
Determination that there is no deadline after signing of ANR to submit the plan to the Registry; Mr. Lay stated that they will wait to see the result of the court appeal of the previous ZBA decision
Concern that if the Board grants an 81L, the owners may demolish the garage/dwelling; statement of possibility that a case for demolition of the structure and rebuilding might be presented to ZBA, since the lot does not need frontage and is non-conforming
Discussion of whether the structure is a dwelling; statement that this decision is the purview of the Building Inspector and ZBA; suggestion to call it a guest house; question of what it was called by the ZBA answered (by Jeff Stewart from the audience) that everyone called it something: dwelling, garage/apartment/ etc.; information read from 9/26/02 ZBA minutes indicated that Atty. Stusse called it a garage structure; comment that Board endorsement does not maintain that everything on the plan is accurate; contention that this structure should be given an accurate name, e.g., "building"
Statement from Mr. Lay that the Board need make note only of when the buildings were constructed and if they are substantial.
Gerry Parent moved and Chair O'Connell seconded the motion that the Planning Board approve the McNulty plan as an 81L. O'Connell pointed out that to let this approval go and not act until the next meeting would automatically ensure that the Board would miss the deadline date and the proposal would therefore pass. He added that the other option, denying the plan, would probably bring the Board into Court. Helen Wilson stated that she was adding a fourth finding, that this plan was not accurate in its description of the building on Parcel B, to her first three findings: the buildings were substantial, the labeling of the garage/dwelling was inaccurate, and the second structure was built before the subdivision control law was accepted in Wellfleet. Members noted that findings were not
necessary for an ANR. Gerry Parent added that he could not determine anything proving that the building was not substantial. David Wright noted that regardless of what the appeal decision would be, the Board was obligated to endorse the proposal. The vote was called; the motion passed unanimously, 5-0.
Discussion and Textual Revision of Statement of Decision on AT&T Special Permit: The Board reviewed the draft Statement of Decision, making several revisions. Gerry Parent suggested that the Decision include findings of fact for the Special Permit Criteria (8.4.2) section of the Wellfleet Zoning Bylaw, noting that this needed to be referenced in the findings. The Board agreed and noted its findings for 8.4.2.1 through 8.4.2.3. Chair O'Connell suggested amendments to findings for 6.18.2.11(3) and 6.18.2.12 (A), and Helen Wilson made revision to her explanation for her vote against the decision (page 5). (All revisions were incorporated in the final document and appear in the minutes of 1/29/03.)
Discussion of Proposed Zoning Bylaw Revision: Gerry Parent recused himself and left the meeting. Jeff Stewart and Peter Watts of the ZBA participated in the discussion of the proposed bylaw changes, for which the Board referred to Rex Peterson's draft preparation of Amendments Proposed to the Wellfleet Zoning By-Laws dated 1/29/03, reviewing each item.
q Changes were proposed in the wording of the Article A (in 1/29 document), definition of q Chair Oq Discussing Article C, the Chair questioned the allowance of a Health Care Clinic in C2 zone because of heavy traffic; Helen Wilson stated that the C2 is mostly on Route 6 and the highway is the best place for such a clinic so that people can reach it quickly. David Wright commented that there would be an opportunity for further discussion of this when it came before the ZBA for a Special Permit. Wilson moved and Chair Oq It was agreed to move Article G of the document to become Article D and to re-letter all articles accordingly. The Chair moved and Alfred Pickard seconded to approve new Article D, amendment to the definition of q The Board then considered Articles E and F, which proposed amendments to by-law Section 5.4 (Intensity of Use Schedule), specifically to Sections 5.4.13 (More
Than One Commercial Use on a Lot) and 5.4.14 (Commercial and Residential Uses on a Lot). Alfred Pickard noted (speaking of 5.4.13), that there was very little of the commercial district left in the town of Wellfleet; therefore, he suggested doubling up on commercial uses in the C2 zone as well, with its greater setbacks and deeper lots. Wilson stated that the rationale for limiting the size of businesses in the C2 was to lessen traffic and noise in the area. Rex Peterson suggested the substitution of q The possibility was proposed of combining Discussion turned to low-income rentals as opposed to rentals without income qualifications. Alfred Pickard pointed out that not all landlords planned to q The Chair moved that Section 5.4 of the bylaw be amended to allow Intensity of Use to all permitted principal uses in the C and C2 zones with a Special Permit from the ZBA; Alfred Pickard seconded. Wilson questioned this combining of 5.4.13 and 5.4.14; she stated that Town Meeting would understand the implications of the two articles and that combining them was a ploy. She contended that presenting the two items would work better. The vote was called; the motion passed, 3-1 (Wilson).
q Rex Peterson suggested that Article H (a proposed amendment to Section 6.1.5.1 dealing with types of alterations which do not result in an increase in nonconformancy) should be taken off the document, since it needed to be looked at in relation to 6.1 as a whole and be zoning-based. The Board concurred.
q Helen Wilson moved and Chair Oq Wilson moved and Pickard seconded approval of Article J, amendment to DEFINITIONS, Other Business:
q Helen Wilson referred to a 3/15/02 directive from the Executive Office of Health and Human Services, Department of Public Health, included in the AT&T application packet, which stated it is no longer "requiring notification and approval from companies that install radiofrequency antennas or facilities as outlined under 105 CMR 122.021." She suggested that the town should take over this duty and proposed to introduce more discussion of this matter at a later time.
q Minutes of 1/15 and 1/29 (and of 1/15 Executive Session): Consideration of these minutes was postponed until the next meeting.
q Mail: The Chair reviewed the mail, noting NSTAR Seminars on data sharing to be held in Plymouth on 2/19 and in Yarmouth on 2/26.
q Rex Peterson announced that he was applying for two grants from the Cape Cod Commission for the following purposes:
1. Updating Town parcel maps; this would allow the town to hire someone to pull plans, review draft maps; from update on the Board could send on all SDs and ANRs each year to be incorporated; this would afford the Board some much-needed accuracy in this area
2. A town-wide survey for updating the LCP; this would allow the town to ascertain what has changed since the survey of 1993; Warren Smith, a Barnstable County consultant with survey expertise would help write the survey, insure that response comes in from all quarters, test the survey before it is sent out, and help tabulate and write up responses
q Kelley Way: The Chair noted that at the 1/29/03 meeting, Chet Lay had presented plans for the intersection of Kelley Way and Route 6 containing revisions mandated by the State Highway Department. OHelen Wilson moved and Alfred Pickard seconded adjournment. The meeting was adjourned at 10:07 p.m.
Respectfully submitted,
________________________________ ______________________________
Frances J. Castillo, Assistant to the R. Dennis O Committee Secretary _________________________Date
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