Wellfleet Planning Board
Minutes of May 7, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, David Wright, Mark Berry, Alfred Pickard, Gerald Parent; Rex Peterson, Assistant Town Administrator
Chair O'Connell called the meeting to order at 7:00 p.m.
Preliminary SD #03-01; Sueko Hall, 151 Hamblin Farm Road, Assessor's Map #19, Lot #12 & Map #12, Lot #54, 2 lots proposed. (Gerry Parent recused himself from this discussion and left the room. Chair O'Connell disclosed that he is acquainted with Mr. Hall.) Sueko Hall attended the meeting with Chet Lay of Slade Associates, who presented the preliminary proposal. He explained that Ms. Hall would like to cut off from her property 1.66 acres as a new lot (Lot 1), continuing to access the homestead on Lot 2 (3.52 acres) over Hamblin Farm Road. The second access, to be used for Lot 1, is already an easement shared with the adjacent Murphy property and would run from Old Chequessett Neck Road, coming across the dike. Referring to the proposed Plan and Profile for specifics on
this road, Lay informed the Board that ConsCom had approved the plan two weeks ago.
The Chair noted that three members of the Board had done a site visit to the property; he added that he appreciated the good size of the lots.
Lay noted that the paved portion of the road would cut from the existing grade 1 ½ feet. To Mark Berry's question on whether the reverse pitch would require guardrails, Lay replied that it would not, that the pitch was just enough to run off water.
Lay informed the Board that he would be requesting waivers for the following:
the use of the existing gravel road unpaved
paved road width
10.57% center line pitch on road, reverse pitch
construction of cul-de-sac
At a point later in the meeting, it was noted that the existing gravel drive/road was below 10 feet elevation. The Board voted to waive this provision (Parent recused). The Chair agreed to notify Mr. Lay of this action.
He added that the road should end at the property line and that utilities would be brought in underground and agreed that approval could be conditional on no further subdivision without further application to the Planning Board.
David Wright, commending the light use of the land, moved approval of Preliminary SD Plan #03-01 for Sueko Hall with the condition and waivers cited above; Alfred Pickard seconded. The Chair commented that this would be taken to a Definitive SD plan; Lay agreed and stated that he would submit it soon. Alfred Pickard asked if the Board should require an As-Built Plan, as in the case of the Stevens/Heyliger SD #00-03. Lay replied that the As-Built condition was placed on that development because of the circumstance of the town water pipes in the road. The vote having been called, the motion passed, 5-0.
Request for Release from Covenant of SD #00-03, Stevens-Heyliger, Old Hay Road, Assessor's Map #8, Lot #78, 8 lots. (Parent rejoined the Board.) Chet Lay and Manny Heyliger appeared to present the release from covenant request. The Chair stated that three members of the Board had conducted a site visit to this property, disclosing that he had subsequently encountered Mr. Heyliger and described observations made during that site visit: grass not grown in spots and the safety issue of the Perch Pond turning. He showed the Board the As-Built Plan which Slade Associates had provided, a "plan over plan" placing the presented plan over the plan of the actual construction.
Chet Lay suggested that perhaps money could be placed into escrow to cover the seeding and that a split-rail fence could be erected at the spot of the Chair's concern, at the entrance to Perch Pond Road from Old Hay Road where the space is narrow between the road and the slope.
Manny Heyliger stated that he had gotten an estimate for a split-rail fence of 50-60 feet; this could be placed as a deterrent for keeping people back from the slope; he noted that he preferred this kind of fence to metal guard rails. Discussion turned to other types of fence which would be more attractive than metal but stronger than split-rail: "pre-rusted" roadside fence, which is metal but rusts to wood color; a concrete "split-rail" which is in use at the Mooney building; the type of wooden post fence, set in cement, which is used on the bicycle rail-trail. The Chair stated that Lay and Heyliger should make a proposal concerning the fence; Lay agreed that they would return to the Board with a proposal and asked that they be placed on the
agenda for May 21. Heyliger noted that he wished to come in with one, not several, fence proposals; Board members suggested that the material proposed be functional and structurally effective.
Rex Peterson stated that the construction of Hay Road was satisfactory to Mark Vincent.
To Rex Peterson's question concerning a Homeowners' Association, Lay replied that this had been established. Peterson added that he had asked because Mark Vincent, DPW Director, had expressed concern about the maintenance of the catch basins on Perch Pond Road.
The Chair inquired whether Slade Associates would do the road profile requested at the site visit on the town water pipe and the road. Gerry Parent moved that the only road profile to be requested for submission should be the profile on Old Hay Road. Alfred Pickard seconded; the motion carried, 6-0. Pickard noted that with questions such as this arising, it was fortunate that the Board was revising the SD regulations.
Signing of Waiver of Johnson SD #02-04. Noting that he had emailed Peterson regarding the addition to the agenda of the signing of the granted waiver for utility easement on the Johnson property (see minutes of 4/16/03), Lay produced said waiver ("Amendment to Johnson Covenant") which the Board then signed.
Disposition of Town-Owned Land. The Board turned to a document, prepared by the Chair, which amended the proposal by Bob Hubby and Alan Platt (for Open Space/Land Bank) for a process for reviewing requests for town-owned land. O'Connell asked whether (since Open Space Committee did not seem to be interested in Planning Board's comments and changes) the Planning Board could send its own proposal to the BOS.
Parent suggested going straight to the Selectmen, feeling that Open Space did not approve of Planning Board's suggestion (in view of its overriding charge) that it should be the last committee to see any request for town land after all other committees had reviewed such proposal.
David Wright emphasized that the BOS decision on such a land request would be to place this request on the warrant--that the final decision to allow land to Open Space was ultimately up to the voters.
The Board then discussed its changes to the Chair's document, with careful attention to the time frame for presentation of land requests. Alfred Pickard pointed out that various committees such as Open Space and the Housing Authority should plan to promote their projects throughout the year, not just at "crunch time." The time line (graphically presented by the Chair on the whiteboard) was pared down to 4 months, which the Chair noted meant that such processes should start by December 1 in order to get requests on the Town Meeting warrant. Mark Berry moved that Planning Board approve the timetable arrived at on the whiteboard as well as other suggested amendments to the Chair's document. Lisa Brown seconded; the motion carried, 5-0.
Lisa Brown asked the percentage of open space in Wellfleet; the Chair replied that it was close to 70%, including the National Seashore Park, the Audubon, and the Open Space property.
The Chair proposed to write up the Planning Board proposal incorporating the agreed-upon changes in e-mail for the committee and submit it to the Board of Selectmen.
Minutes of April 16, 2003. Gerry Parent moved and David Wright seconded the approval of the minutes of 4/16/03 as amended. The motion carried, 5-0-1 (Brown).
Further Discussion of Kelley Way. (see minutes of 4/16/03 and all preceding minutes) The Chair turned to the email from Helen Wilson concerning her communication with Bernard McCourt, the District 5 Highway Director; Wilson expressed optimism that the curb cut might yet be allowed. The Chair noted the irony of the fact that Ms. Crooks has appealed a decision which has not yet been made against the curb cut. The Board discussed the possibility of "no further subdivision" on the road as a deed restriction. Consensus was that the Board should take no action at this time but should give the State time to make its decision before turning to the possibility of allowing the ANR without construction of the curb cut at the throat of Kelley Way.
Additional Condition Added to Preliminary SD #03-01 Approval. Discussion revealed that in a postscript to her communication to the Board on the Kelley Way question, Helen Wilson stated that she had told Mr. Hicks, the Highway department lawyer, that the Board would send him a copy of Wellfleet subdivision regulations, Section 3.2 Streets, 3.2.5 and 3.2.6. Noting that 3.2.5 states: There shall be access to all lots via streets and portions of streets no part of which shall be less than 10 feet elevation, Board members realized that in the case of the Sueko Hall subdivision proposal (considered at the beginning of the meeting) an additional waiver needed to be placed upon the Board's approval, since the access to that property is less than 10 feet in elevation. Alfred
Pickard moved that Slade Associates be contacted asking if a waiver should be requested regarding the elevation of the road, which request would be favorably received on the preliminary copy of the plan. Lisa Brown seconded; the motion carried, 5-0-1 (Parent recused).
Spring Area Meeting of Massachusetts Federation of Planning & Appeals Boards. In response to Mark Berry's query concerning the above-mentioned meeting, Rex Peterson stated that he would be attending the session on May 22, 2003 in Hyannis and invited members to sign up to attend.
Preliminary Plan, SD #03-02, Messina, 126 Whiddah Way, Map #7, Lot #12. The Chair discussed preliminarily an element of the Messina plan, which will be considered at the meeting of May 21, noting that this was an "ice cream scoop" plan being proposed to increase frontage on the lot. (Gerry Parent disclosed that he is friendly with the Messinas; Alfred Pickard disclosed that they are his boat customers.) Discussion covered the ice cream scoop method of increasing frontage, the fact that this adequately-sized lot was once in common ownership but was later deeded out to one of the owners, and the possibility that the Board would be asked to waive construction of the road.
Mail. The Chair reviewed several items from the mail:
A memorandum (5/14/03) from Lezli Rowell to the NRAB regarding the ACEC Management Plan Process and copied to the Planning Board
A letter from Helen Miranda Wilson, who was elected on May 5 to the Board of Selectmen, resigning from the boards and committees on which she had previously served and from the Housing Authority. She concluded: "It has been a pleasure to serve." It was noted that her absence would be greatly missed on the Planning Board.
ZBA agenda for May 22, 2003, the last item of which is Michael Taute's appeal of the decision of the Building Inspector regarding grandfathering of a lot (58 Kerouach Road, Map #13, Lot #53).
Planning Board Membership. The Chair noted that because of the resignation of Helen Wilson and the anticipated loss of David Wright (who does not plan to "re-up" at the end of his Planning Board term), the Board will need two new members by the end of June. He asked for help and suggestions from the Board; Helen Wilson (who had joined the meeting in the audience) stated that she was trying to recruit a new member.
Subdivision Regulation Revisions. Wilson asked the Board if she could remain of help in its review of SD Regulations; the members suggested that she write down her suggestions and submit them to the Board, feeling that this would be helpful. Since the review of subdivision regulations requires a period of time of concentrated work, it was suggested that the Board hold a meeting solely for this purpose on Wednesday, May 14, 2003; this will take place in the Town Hall 2nd Floor Conference Room.
Lisa Brown moved and David Wright seconded adjournment; the meeting closed at 9:20 p.m.
Respectfully submitted,
______________________________ _____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary __________________________Date
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