Wellfleet Planning Board
Minutes of Meeting of April 16, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Alfred Pickard, Helen Miranda Wilson, David Wright, Gerald Parent, Mark Berry; Rex Peterson, Assistant Town Administrator
Excused: Lisa Brown
Chair O'Connell called the meeting to order at 7:02 p.m.
Kelley Way Curb Cut. Noting that no one from the Storer family was present to explain the reasons for their refusing to sign a consent form allowing Mass Highway to construct a curb cut for the Kelly Way intersection widening (see minutes of 4/2/03), the Chair noted that the next step for the Board was to send a written appeal to the state. He added that he did not hold out much hope for a written appeal, since the state was concerned with access (and the Storers would be agreeing to give up access to Route 6 at the point at which the throat of the road was to be widened.) Richard Lay, representing Slade Associates and Diana Crooks, joined the discussion.
Alfred Pickard postulated that if the Board were to change its mind about the condition for widening the intersection and took a curb cut out at some later time, it could not take away all potential access from Route 6 for the Storers.
Helen Wilson asked if it could be pointed out to the state that it was its own decision to allow the road to be so narrow at the intersection. The Chair suggested that she compose a letter to the state stating her point and distribute the draft to the Board for comments.
Richard Lay explained the state policy concerning the consent form. David Wright inquired whether the Board could offer the Storers anything in exchange for their consent to allow the state to build the curb cut.
The Board postponed more discussion on this topic to turn to another agenda item.
ANR #03-02; Marc R. Strauss, Old Long Pond Road, Assessor's Map #13, Lot #s 4 & 5, 2 lots proposed. John McElwee of Felco Engineering presented this proposal to change property lines on two lots on Old Long Pond Road, surveyed in 1965 and owned by Mr. Strauss. The owner proposed this adjustment so that both lots would cover over 30,000 square feet.
The Chair noted that frontage and access were sufficient.
Helen Wilson stated that most of the Board had done a site visit to these lots.
Gerry Parent moved that the Planning Board deem this plan for the Strauss property on Old Long Pond Road as Approval Not Required; Helen Wilson seconded. The motion passed, 6-0.
Kelley Way Curb Cut Discussion Continued. Brad Kaplan joined Richard Lay during this discussion of the Board's choices concerning the curb cut condition. (Mark Berry presented Forms 23B, Disclosure of Appearance of Conflict, stating that he had done plumbing service work for Slade Associates and for Mrs. Catherine Lay.)
Responding to the Chair's comment that another approach to the problem would be to waive the original condition to widen the intersection, Alfred Pickard moved, for discussion purposes, that the Board waive the condition. Gerry Parent seconded.
The Chair stated his difficulty waiving the condition because of its origin in the Board's contention that the intersection was unsafe for traffic and its concern for the public safety of the people who use the road.
Pickard asked concerning the proposed letter to be written to the state (1) if Slade Associates could help the Board with information? and (2) if the state did not propose to help, should the Board drop the condition or only open one side of the road?
Lay replied that the plan could be scaled down and he would look at it to determine if the throat of the intersection would be of adequate size to meet the state requirement.
Gerry Parent felt that it was obvious that the abutter would never use Route 6 for access; he stated that he had no problem going back to reconsider the condition, since he did not believe that would be substantially detrimental.
The Chair emphasized that he really believed the Board was making a statement for safety at that corner.
Parent suggested that the Board should wait for Helen Wilson's letter and allow a reasonable time for the state to reply before deciding to drop the widening of the throat.
David Wright returned to his question of what the Board could offer the Storers in return to their agreeing to the condition. Wright agreed with the Chair's point that the Board has stated that safety is an issue, stating that it should not allow an abutter's obstinacy to become more important than the safety factor.
Wilson added that she found it compelling that the people who came to the meeting in which the ANR was presented had seemed to prefer the idea of two-lane access to Kelley Way.
Brad Kaplan joined the discussion at this point, having attended to inquire if there had been a response from the Storers to the Chair's letter of April 3, 2003. He informed the Board that Diana Crooks was readying an appeal to the state.
The consensus of the Board was to send in its letter before the appeal; Helen Wilson proposed to include a map.
Alfred Pickard suggested that he withdraw his earlier motion and proposed another that would state that the Board believed that this would be the last lot on this road to be developed. Wilson pointed out that the Board could discuss only Diana Crooks' Lot 129.1; she did not believe the Board could speak for other land on the road.
Parent noted that the Board had only opened the throat 20 feet, which was adequate for one lot; he had never counted how may possible lots existed. Lay responded that probably when the Board made the condition, it was not aware that 60 feet would be required by the state.
Pickard and Parent withdrew their motion. Wilson proposed to write the letter, email it to the Board and to Chet Lay, and send a copy to Brad Kaplan through Slade Associates.
SD #02-04, Dr. David Johnson, Long Pond Road, Request for Utility Easement. (Helen Wilson recused herself from this discussion.) Richard Lay explained that the Planning Board regulations indicated (4.4.3) that utilities must be placed within the right-of-way and also (3.3.7) that this is not necessary. He asked, if necessary, for a waiver to the Wellfleet Subdivision Regulation (mandating the lines in the right-of-way) allowing a utility easement which would reduce the length of the utility lines almost 50%.
David Wright moved that the Board grant the requested waiver; Alfred Pickard seconded; the motion carried, 5-0-1.
Lay stated that he would add the waiver to the subdivision covenant and send a copy to the Planning Board.
ANR #03-03; Geoffrey L. & Jaya K. Karlson, Karen Lane, Assessor's Map #29, Lot #s 465 & 466, 2 lots proposed. Lay distributed locus plans to the Board, most of whom had seen the lot on a site visit. He explained that these were two conforming lots that the owners wished to reconfigure for the better placement of a structure.
The Chair moved to deem the proposal an ANR plan; Mark Berry seconded.
Helen Wilson noted that the easement (being illusory) did not take away frontage.
The motion carried, 6-0.
SD #00-03, Stevens-Heyliger, Old Hay Road, As-Built Plan. Richard Lay explained that the Board had requested this As-Built Plan during an on-site visit concerning a change in the road configuration for the subdivision (see minutes of 8/20/02).
Chair O'Connell noted that this was a visual illustration of how the road was laid out, where the power grids were located--exactly what the Board had asked for. He added that it should probably be transposed on to the road profile to see if it is conforming.
Lay responded that this could be done but requested that the road not be "ripped up" for a technical violation or small divergence created by circumstances. He noted that a small bit of the road infringes on Lot 2 of the subdivision and that an easement for this should be included with Lot 2.
Helen Wilson asked about the kind of catch-basins used; Lay replied that the catch basins (located on the As-Built Plan) are tied to leach pits surrounded by 1 ½ " stone. He added that the pipe of the town water line was not well marked when it was laid, that it had finally been found (with difficulty), and that this was also noted on the As-Built. He added, in answer to another of Wilson's questions, that the pipe does not run through 1 ½" stone.
O'Connell asked how the Board could determine the differences between the As-Built and the original plan; Lay proposed giving the Board a print-out containing both the original plan and the As-Built and road profile.
A discussion followed of the distance from the catch-basins of the drinking water line and the depth in the ground of the water pipes.
Gerry Parent noted that Slade should submit a copy of the above-mentioned printout to the DPW, since "it's now an affidavit of where part of the water line is."
Discussion of Planning Board Recommendations on Warrant Articles to be Considered at Annual Town Meeting, April 28, 2003. The Chair proposed that the Board decided whether or not to make recommendations on certain articles:
Article 9--$20,000 for inventory of town-owned property. Discussion ensued which noted that the inventory will be recorded in a data base and will include roads, landings, etc. as well as land. Gerry Parent moved and Alfred Pickard seconded that the Board recommend this article; the motion carried, 6-0.
Articles 13-20--Planning Board-recommended articles revising Zoning Bylaw. Rex Peterson will write the descriptions and Tim Smith will write the motions on these articles. Helen Wilson noted that she would deliver a minority report. Alfred Pickard stated that basically the Board updated the bylaws to work for today; David Wright added that they would work for yesterday, also, following previous custom. Mark Berry suggested that anyone with suggestions email them to O'Connell for his presentation of the articles for Planning Board.
Article 22 (O'Connell recused himself.)--Open Space Acquisition. After questioning whether Planning Board had voiced any opinion on Open Space articles before or wished to do anything with this article, Gerry Parent commented that Open Space should have gotten to Planning Board and asked for advice. The land in question stretches over several properties on Lt. Island Road. Alfred Pickard noted that acquiring one large area is preferable to taking single lots all over town. Mark Berry commented that it could be a wildlife corridor, and Helen Wilson cited a NY Times article on the spread of lyme disease as justification acquisition of larger tracts of open land.
Article 25--Creation of a special fund for the collection of gifts, etc. for purpose of housing-related fees; this also sets up a group of trustees to administer the fund: one each from Board of Selectmen, Housing Authority, and Planning Board. Helen Wilson offered background on the article and decried the fact that the BOS had reduced the proposed number of trustees from 5 to 3. Mark Berry moved that Planning Board recommend Article 25; Gerry Parent seconded. Peterson stated that it would take about a year to get the special legislation through to establish the trust fund, and Helen Wilson noted that it would be easier for the Housing Authority to move forward with such a fund available. To Pickard's question on the number of people who
would be benefited by this fund, Peterson replied that it would depend upon the amount of money contributed. Berry felt the fund would facilitate contributions. The vote was called; the motion carried, 6-0.
Article 31-36--Helen Wilson updated the Board on the situation of the two sets of articles: the BOS articles on three town-owned lots had been presented with a list of conditions; the petitioned articles from the Housing Authority concerned the same three lots but without these conditions. Wilson stated that the HA has negotiated with the BOS to withdraw four of the articles: two on the Cole's Neck Road property and two on the Old Kings Highway lot, leaving the Gull Pond Road parcel still on the warrant. Chair O'Connell moved that the Planning Board not recommend Articles 33, 34, 35, and 36; Wilson seconded. The motion carried 5-0-1 (Wright abstaining).
Articles 31 & 32--Helen Wilson, speaking as a Planning Board member, stated that HA had taken this lot around to everybody and that last year, when it was presented by the Open Space Committee, the Affordable Housing Task Force had looked at it and suggested it would be appropriate for housing. She noted that Planning Board and the Selectmen had stated that they needed to know more about the HA's plans for the lot: HA has said there will be not more than a total of 9 bedrooms in the structures and an access road will be built that climbs the hill obliquely. Wilson, then speaking from the HA point of view, added that HA has looked at the BOS conditions and felt that they have very little to do with reality and analyzed HA's objections to these conditions.
Alfred Pickard stated that he did not want to support something without some sort of plan; Wilson rejoined that HA could not spend money on plans until the land was okayed by the Town. Chair O'Connell asked who would oversee whether the project was a good one, noting that in Article 31 it was the BOS, in 32 the HA. Gerry Parent noted that there was justification for the Selectmen setting guidelines; O'Connell saw no problem with HA answering to some town authority and felt the BOS would be acceptable. He moved that the Planning Board not recommend Article 32. Pickard seconded, giving as his reason that the Town has a right to understand a development plan before it turns over its land to another entity. After a clarification of the matter of Town or Housing Authority ownership, the vote was called. The motion passed: 4-1 (Wilson)-1 (Wright). Returning to previous discussion, the Chair agreed with Pickard
that knowledge of a plan for the land was necessary. Pickard felt that there had to be some money put into plans before agreement to cede land to the HA. Parent noted that a bank would not fund a developer to buy land with no idea of what he planned to put on it and that the Town was justified in wanting to know what and who would go on a town-owned lot. Mark Berry moved that Planning Board recommend Article 31 as proposed; O'Connell seconded. Parent pointed out that FinCom, BOS, Open Space are recommending 31 over 32 because of the criteria stated. The motion carried: 4 - 1 (Wilson) -1 (Wright). Helen Wilson stated that she was not sure that the Housing Authority would accept the land under the BOS conditions.
Article 46--On this petitioned article, which allows the Town to temporarily rent town property for seasonal use, the general consensus of the Board was to voice no opinion.
Other Business:
Minutes of 4/2/03: Helen Wilson moved to approve the minutes of 4/2/03 as amended; Gerry Parent seconded; the motion passed, 5-0-1 (Berry abstaining).
Mail: The Chair reviewed the mail, which contained an announcement of a Community Forum Pre-Town Meeting on Thursday, April 24 at 7 p.m.; it was noted that the BOS would be holding a pre-town meeting on Tuesday, April 22. O'Connell also noted that the Zoning Board was hearing a request for special permit to legitimize a 3-family dwelling on Thursday, April 17.
Discussion of Subdivision Regulation Revisions: The Board agreed to the Chair's suggestion to defer this discussion until the next meeting. He distributed a suggested statement on 81-X prepared by Slade Associates for the Board's information.
CCC Grant: Rex Peterson announced the use of a $5000 grant from the Cape Cod Commission to be used for a town-wide survey in connection with the update of the Local Comprehensive Plan. Peterson suggested that Board members meet with Warren Smith of Barnstable County, an expert in tabulating surveys, after Town Meeting; he added that Smith would probably not charge for such consulting work.
Disposition of Town-owned Property: The Chair discussed the Board's reaction to the policy suggested by the Open Space/Land Bank Committees for disposition of town-owned land (see minutes of 3/19), his response to Peterson on the matter, and Open Space's return response.
Gerry Parent moved that the meeting be adjourned; Pickard seconded. The meeting closed at 9:45 p.m.
Respectfully submitted,
________________________________ ______________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary __________________________Date
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