Wellfleet Planning Board
Minutes of Meeting of March 19, 2003
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Lisa Brown, Alfred Pickard, Helen Miranda Wilson, Mark Berry, Gerry Parent
Excused: David Wright
Chair O'Connell convened the meeting at 7:00 p.m.
Discussion of Warrant Articles requested by Housing Authority. Helen Wilson substituted for Steve Durkee in representing the Housing Authority for this discussion. (Alfred Pickard asked if conflict of interest was involved here; Wilson responded that she had cleared this and it was a public/public issue.) Explaining that six articles were involved (Draft Warrant #s 32, 33, 34, 45, 46, and 47), she noted that three had been petitioned by the Housing Authority (45, 46, and 47) and three submitted through the Board of Selectmen and heavily amended by two selectmen (32, 33, and 34). Each set deals with the same three town-owned parcels, conveyance of which the HA has requested for "the purpose of providing affordable housing for low and moderate income residents." Wilson
stated that the BOS submission included the 10-year completion time frame proposed by the HA (failure causing reversion of land to the Town), but that the BOS had additionally set up a framework of stages to be met, which the Housing Authority considered impractical if dealing with development of land. She added that the Housing Authority planned to take its articles to various boards, receive feedback, and perhaps incorporate these suggestions into amendment of the articles.
Gerry Parent stated that he would prefer to discuss the merit of considering these three lots for development before considering the differences between the two sets of articles. Wilson suggested looking at the parcels and distributed maps to the Board.
Beginning with Gull Pond Road (Assessor's Map 8, Lot 39, 2.27 acres), Wilson stated that this had come from Open Space Committee's list of requested properties of last year. She added that HA had gotten clear feedback from Open Space's procedures last year and has now developed criteria for considering town-owned land.
Lisa Brown requested that the Board receive general information this evening and perhaps reserve recommendation.
Alfred Pickard noted that the Gull Pond Road lot was on the steep part of the hill; he felt that he needed to see a topographical map and did not think a subdivision belonged there. He stated of the Cole's Neck lot location near the dump (Assessor's Map 7, Lot 24, 7.9 acres) that he would not want to do anything without knowing about the water. Of the Old County Road/Cahoon Hollow Road site (Assessor's Map 23, Lot 602) he asked whether development there would take down the size of the large well at the Boy Scout Camp property. While he emphasized that he was not opposed to affordable housing in town, he felt these were concerns that needed to be explored.
Ms. Wilson responded that there was a way up to the Gull Pond lot for a road with a grade only half as steep as that of the McGuinness property (ANR 01-08, 70 Gull Pond Road, Map 8, Lot 25). As to the water issue on the Cole's Neck lot, she stated that she had done (for WIAC) a breakdown for all the Cole's Neck lots and that this one was "committed to" the water system by the Cole's Neck Regulations. She added that HA proposed to use the land in a way that would not break zoning regulations: 6 units with a limited number of bedrooms (perhaps 12), leaving a greenbelt to the Herring River, clustered below a ridge from which the landfill could not be seen. She concluded that this modest use of land would not add to traffic and that there was enough water for
these dwellings.
The Chair stated that he would not want to rely on citizen volunteers for such planning but would prefer an engineer's judgement. He commended the BOS conditions on the articles, feeling that there should be oversight of the projects.
Gerry Parent expressed his dissatisfaction with all three parcels, stating that the Gull Pond lot would have a "mountain goat road" and that he would need to see in writing something which showed a 10% grade. Questioning the titles on abutting parcels 40 and 41, he further noted that the lot did not lend itself to residential development because of access and foresaw the possibility of septic problems.
To Mark Berry's question of number of units planned, Wilson replied perhaps two 2-bedroom houses. The Chair asked why HA had not come in with a plan for each property; to Wilson's answer that HA needed "dibs" on the land first, he inquired why not "contingent dibs"? Pickard agreed that he needed to see plans before voting. Parent added that if good reasons for using the land and topography for a 10% grade could be shown, he would want to see more than two affordable units built there. Lisa Brown commented that it would be helpful to know the density and scope of the project.
Turning to the lot on Cahoon Hollow Road, Wilson noted that it was in the Zone 2 protection radius of a town wellhead. Parent asked how it would be possible to build single-family houses in this location, since it was in the Seashore. Wilson continued that HA wanted to put the lot to the maximum use that works in the neighborhood. She had checked with the DEP and confirmed that it was possible to have dwellings in the Zone II radius of the wellhead, especially if they were downstream. Any development would be a least 500 feet from the wellhead. She indicated that a "wish list" for the property would include cluster septic and a location within walking distance of the new Senior Center. Mark Berry inquired the number of units.
Gerry Parent returned to the question of what type of housing was planned for the site: single family homes, apartments, senior housing, to be owned by Wellfleet? In view of the problems encountered in the previous HA project on Old Kings Highway, he warned that the town would want serious answers to these questions.
Wilson admitted that as a Planning Board person, she had advised that HA decide what it was going to do with the property but that she had conceded to sending these articles out because a "check-up" procedure was in place.
Lisa Brown stated that it behooved the HA to come before the board with a pretty good idea of what it was asking the board to support; Mark Berry noted access should be clear; the Chair felt a conceptual plan was necessary.
Wilson replied that HA members felt that if they committed to exact numbers and later changed them, they would not be doing what the article stated.
Parent turned to the Cole's Neck lot, seeing two problems:
This lot took every ounce of frontage of the town-owned 28 acres, creating an access problem.
He was unsure that it was appropriate to cut anything off this town-owned 28 acres yet; there were enough residences in the area of the dump without compounding it with more residential development; the town still does not know what it will need for dump and recycling facilities; he would rather see it intact, especially with the frontage gone.
To Lisa Brown's question on the number of water hookups in the Cole's Neck system, Helen Wilson replied that the Cole's Neck regulations give an inaccurate number for its Area To Be Served (ATBS), that there is a commitment to a certain acreage plus one more lot not in the ATBS, and that there are currently 12 lots noted in the regulations which have not yet been developed.
Parent contended that it was never planned that the 28 acres be developed; it was purchased with the intention of coupling it with the dump and never calculated out to be a subdivision. Helen Wilson stated it remained unclear, being unstated in the document.
Alfred Pickard, concerned with a Board of Health regulation for Cole's Neck, asked how much water was pumped from the well that serves the area. Helen Wilson gave him average use figures from 2002 with 34 hookups: in February and March, 3500 gallons per day; in summer, 13,000 gallons per day with a total well production of 20,000 gallons per day. She added that she would mail Housing Authority criteria for evaluating property and the Cole's Neck Regulations to the Board members and that she would take her notes on this evening's discussion back to the HA.
Returning to the matter under discussion, the Chair stated that he preferred the articles containing steps conditioning the giving of land to the HA rather than articles without such restrictions.
Alfred Pickard suggested that, when developed lots are sold off by the HA, a percentage could be retained for future engineering costs, a self-funding process. Helen Wilson responded that it would depend upon how the project was being funded.
Chair O'Connell moved that the Town Administrator be informed that the Planning Board reserves recommendation to Town Meeting on Draft Warrant Articles 32, 33, 34, 45, 46, and 47; Helen Wilson seconded. After a brief discussion, the motion passed, 6-0. Helen Wilson stated that she would bring the Board a "wish list" and more information before Town Meeting.
Discussion of Proposal of Open Space/Land Bank Committee regarding the process for reviewing requests for Town-owned land. This discussion concerned the memo and flow chart prepared by Bob Hubby and Alan Platt for the Open Space/Land Bank Committee concerning a proposed process for such review; Rex Peterson has asked various town boards and committees to review this proposal and forward comments on it.
The Chair noted a problem in that people look at things differently and a set procedure might hamper future thinking.
The Chair, Parent, and Wilson all found the chart difficult to understand.
Helen Wilson, commenting on the flow chart, disapproved of the fact that somewhere between the Town Administrator and the BOS the fate on the proposal could be determined.
The Chair noted from the text that the TA has discretion for "oversight and coordination"; Gerry Parent added that the TA should not have this control.
Helen Wilson stated that the development of criteria for the HA derived from a need for this sort of process and that any proposal for land should go the rounds before it goes to Town meeting.
The Chair proposed to submit to Peterson the following comments from the Board:
Helen Wilson stated that each group that wishes to use a town-owned piece of land should develop criteria.
Gerry Parent felt there was a necessity for a sequentially-ordered list of boards to which to take such proposals, adding that Planning Board should be last in line.
Alfred Pickard noted that he would like to see a time cut-off before Annual Town Meeting after which time the Board would not hear project proposals. Helen Wilson suggested a 6 month cut-off; Gerry Parent 4 months; Mark Berry agreed on 120 days.
Lisa Brown felt the memo's flow chart for the Disposition Process for Town-Owned Land was "dictatorial."
Mark Berry added that he had a problem with the TA's "oversight."
Helen Wilson distributed the 4th Draft of her General Questions for Evaluating Property (taken from a discussion on developing criteria for land use by the Affordable Housing Task Force); she asked for Planning Board feedback on Section II concerning Potential Uses of Land. The Chair indicated that the Board could consider this at a later time. Alfred Pickard suggested adding "could the land be rented or leased by the town" as a possible use.
Revision of Subdivision Regulations. The Board had received from Ms. Patty Daley ( see minutes of 12/18/02) her revisions of the Wellfleet SD Regulations but members felt that there was more material for discussion than could be covered at this evening's meeting. Helen Wilson suggested a meeting devoted especially to SD regulation revision. The Chair proposed redrafting the Daley document and suggested that this take place at the April 2nd meeting (with nothing else to be placed on the agenda except the one ANR already scheduled), moving discussion with Ms. Daley to the meeting of April 16. He further suggested sending a copy of the draft to Slade Associates asking for input and inviting them to the April 2nd meeting.
Conservation Commission's Request for a Joint Meeting. A memo has been received by the Board from ConsCom requesting a joint meeting to discuss use and regulation of windmills as an alternative power source. Gerry Parent pointed out that Wellfleet's Windmill Bylaw (6.5) covers the use, permitting, and regulation of windmills and wondered what other specifics the ConsCom needed. The Chair will send a memo to ConsCom noting the existence of the bylaw and inquiring what other information is wanted.
Minutes of March 5, 2003. The consideration of the 3/5 minutes was deferred until the next meeting.
Mail. The Chair reviewed the mail, noting especially a communication from the Zoning Reform Work Group (Senator O'Leary's coalition) detailing its accomplishment in drafting the Massachusetts Land Use Reform Act and urging the Board to join the Coalition for Zoning Reform.
Other. Helen Wilson asked for Board input, through email of comments and suggestions, regarding the above-mentioned Affordable Housing Task Force "General Questions for Evaluating Property" -- #II. The session ended with a discussion of the proposal of sale of a town-owned lot for the Housing Authority to use as a development fund.
Lisa Brown moved and Mark Berry seconded adjournment of the meeting; the meeting closed at 9:15 p.m.
Respectfully submitted,
_____________________________ _____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary _______________________Date
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