Wellfleet Planning Board
Minutes of Meeting of June 18, 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 convened the meeting at 7:00 p.m. He announced an addition to the agenda--members of the Open Space/Land Bank Committee would be joining the Board later in the meeting for a discussion of their proposed Policy on Disposition of Town-Owned Land.
ANR #03-04; Susan J. Messina and Richard and Frauke Rosenthal, Whidah Way, Assessor's Map #7, Lot #s 10, 11, 12, no new lots. This ANR proposal, previously presented as a Preliminary Subdivision (see minutes of 5/21/03), was represented by Chet Lay of Slade Associates and Attorney Arthur Croce. Lay stated that this ANR plan presented a cleaner solution to the frontage problem and that Chief Rosenthal was willing to move the frontages on the above lots by means of two "hour-glass" rotations which would bring all lots into compliance.
O'Connell noted that the original proposal did not conform to the definition of a subdivision: The division of a tract or parcel of land into two or more lots . . .
Peterson reported that Town Counsel did not consider the original plan a subdivision because it was not a division of land.
Consensus of the Board was that this ANR was a preferable solution.
Lisa Brown moved and Mark Berry seconded that the Planning Board accept the Messina-Rosenthal Whidah Way Plan as an ANR. The motion carried unanimously, 6-0. The Board signed the mylar plan.
Heyliger-Stevens, Old Hay Road/Perch Pond Development, request for release of money in escrow upon completion of guardrail. Manny Heyliger joined the Board. Chair O'Connell, noting that the Board had conducted a site visit to examine the fence and commending its satisfactory completion, moved that the Planning Board release the check of $7500 retained by the Town Clerk as surety (see minutes of 5/21/03). Wright seconded; the motion passed unanimously, 6-0. Peterson returned the check to Mr. Heyliger.
Kraft Condominium Conversion. (Gerry Parent recused himself from discussion.) In this continuation of discussion of the ZBA request that Planning Board consider the Kraft Condo Conversion proposal for approval, Chet Lay, explaining that Atty. Jim Fallon could not be present, distributed copies of the Board-requested plot plan denoting location of septic system and 22 (not constructed) parking locations approved by a previous ZBA. Since on-site parking had been the major issue in the Board's decision to pay a site visit to the property (see minutes of 5/21), Lay explained the plan layout, noting that everything was functioning well as it now existed, that there would be no change in use in the proposed condo conversion, and that, if necessary, the 9' by 20'
spaces could all be constructed with some removal of trees.
Alfred Pickard stated that all previous ZBA documentation mentions parking to be created and that he believed the parking should be there and clearly delineated, since all agreements were predicated upon this. He emphasized that signage should clearly denote the parking, that parking spaces shown on the plan should be in actual existence, and that the owner should see that most of the parking was provided before the property was transferred.
Other Board members added comment: The Chair spoke for clear delineation of parking. David Wright emphasized that nothing else should be placed in the stated areas, that people should not use these parking spaces all day, that people should not park directly in front of the store and obstruct the way to the parking in back of the building, and that ropes might be used temporarily to mark the parking areas. Lisa Brown, noting that trees would be lost in any construction process, asked if a compromise could be reached between scarring the land and giving this commercial building some necessary parking. Mark Berry stated that signage designating parking space should be permanent.
The Board reviewed its recommendations to be sent to the ZBA:
Parking should be clearly delineated
Nothing should be built that would obstruct the stated parking
Spaces 13-18 should be clearly delineated
West side parking spaces should be reserved for businesses
Permanent signage on east side should indicate additional parking in rear.
Peterson explained in response to the Chair's question how, through legal decision, two kitchens were permissible in Unit 1. At this point Dr. Kraft joined the Board; concerns concerning parking were explained to him.
Lisa Brown moved that Rex Peterson write a memo to the Zoning Board of Appeals detailing the Planning Board's approval of the condo conversion and its recommendations for parking as conditions on this approval. Mark Berry seconded; the motion passed, 5-0.
Verizon Wireless Pre-Application Consultation regarding special permit application to co-locate on Gross Hill Road wireless telecommunication facility. Earl W. Duval, outside counsel for Verizon Wireless, appeared before the Board for this pre-application consultation. The Chair noted that a simple majority of a quorum would determine the Board's decision on the pre-app consultation.
Mr. Duval reviewed the Table of Contents of materials in the draft Application for Special Permit for Wireless Communication Facility which he had submitted for Cellco Partnership d/b/a Verizon Wireless. Especially noted:
Exhibit 10--Verizon Wireless Request for Minor Modification--Cape Cod Commission has earlier this week voted unanimously to approve this modification
Narrative Statement included in Exhibit 1--Verizon Wireless Profile-- Pre-application Consultation request for waivers of following sections of Wellfleet zoning bylaws: 6.18.2.13(A), 6.18.2.13(B), and Section 6.18.2.13(I).
Atty. Duval then invited the Board's questions and comments:
The Chair inquired concerning the make-up of Cellco Partnership; answered by Duval that Verizon Wireless is an entity doing business under Cellco Partnership, he noted that he wished for more specific information.
Gerry Parent agreed that the Board needed to know more about Cellco Partnership and added that he would like to see delineation of town boundaries on the coverage maps.
Alfred Pickard asked for numbered tabs on the final permit application to differentiate the sections and make information easier to find.
Lisa Brown commended the photos of the Visual Analysis section.
Rex Peterson asked (in view of the fact that Verizon was purchasing the tower from Nextel) to whom the bill for the surety bond for removal of the tower should be sent; Duval advised him to send that bill to Verizon. Peterson added that he intended to bill for a bond which automatically renews.
During an ensuing discussion of the Nextel to Verizon shift in ownership, in which the tower will be transferred to NStar when all wireless installations are on line, Peterson suggested that the Board make a condition of the final certificate of compliance from the Cape Cod Commission that all surety bonds be in place and current before the "switch is thrown." Since construction is not completed (Sprint has not yet constructed), a question arose as to whether the tower can be used before all wireless installations are on board.
The Chair proposed that the Board move through Zoning By-law Section 6.18.2.13 to ascertain that Verizon had satisfactorily completed all requirements for the Pre-Application Consultation, using the documents submitted by Verizon as evidence of its decisions. Mr. Duval indicated that he did not seek a waiver for the 30-day requirement for application submission. Decisions follow:
6.18.2.13 (A) and (B)--Survey of all sites and Survey of all pre-existing structures--Parent moved, Brown seconded to approve waivers of A and B. Carried, 6-0.
6.18.2.13 (C)--Radiation pattern of all proposed antennas--Atty. Duval pointed out the information provided by Exhibit 11, Radio-Frequency (RF) Evaluation Report prepared for The Town of Wellfleet, MA by Donald L. Haes, Radiation Safety Specialist. After discussion, Wright moved and Berry seconded that specifications of 6.18.2.13(C) had been met. Carried, 6-0.
6.18.2.13 (D)--Sound Level--David Wright moved that requirements of (D) had been satisfied; Berry seconded. Carried, 6-0.
6.18.2.13 (E)--Delineation on Assessor's Atlas of all areas in Wellfleet which will not be served . . .--Chair O'Connell expressed the opinion that this need not be placed on an Assessor's Atlas and would be satisfactory with the delineation of town boundary lines which the Board was requesting to be placed on the Coverage Maps of Exhibit 15. Berry moved that, with boundary delineation, the requirements of (E) had been satisfied ; Wright seconded. Carried, 6-0.
6.18.2.13 (F)--Statement of services--Atty. Duval indicated that the need for updated and expanded services for personal wireless communication would be supported by the Verizon proposal. The Chair advised that this area be expanded in the application. Wright moved that the requirements of (F) had been satisfied; Pickard seconded. Carried, 6-0.
6.18.2.13 (G)--Description of special design features to minimize visual impact--Parent moved that the requirements of (G) had been satisfied; Berry seconded. Carried, 6-0.
6.18.2.13 (H)--Certification of applicant's compliance--Parent moved that the requirements of (H) had been satisfied; Brown seconded. Carried, 6-0.
6.18.2.13 (I)--Balloon Test--Alfred Pickard moved that the Board waive the balloon test requirement as requested; Mark Berry seconded. Carried, 6-0.
Chair O'Connell moved and Mark Berry seconded that the Pre-application Consultation with Verizon Wireless had been satisfactorily completed with the following conditions set by the Board:
Coverage maps shall delineate town boundaries
Further information regarding Cellco Partnership shall be made available to the Planning Board
A removal bond shall be posted
Numbered identification tabs shall be inserted in the application for easier identification of sections
A more detailed Statement of Services (6.18.2.13 [F]) shall be submitted with the application.
The motion passed, 6-0. A tentative date of August 6, 2003 was fixed for the Public Hearing.
Recap on Kelley Way. Peterson updated the Board on his communication with Representative Shirley Gomes' office regarding his recent conversation with Atty. William Hicks of the Mass Highway legal department. Since Mr. Hicks was loathe to offer help to Peterson and the Planning Board on the Kelley Way intersection problem, citing the necessity for head counsel's return from vacation before any action could be taken (the second time this request had been put off because of someone's being on vacation), Peterson e-mailed Gomes' office asking for help in the matter. He noted that her office has been very helpful.
Chechelnitsky-McClellan Negotiations. (Gerry Parent recused himself from discussion.) The Chair announced that it seems a solution may have been found in the McClellan appeal against the Planning Board's approval of the Chechelnitsky subdivision on Kerouach Road: the slope of the road will be lessened, Mr. McClellan will change the location of his parking places, and Mr. Chechelnitsky will agree on which lots to build.
Mail: The Chair reviewed the mail, noting the following:
6/12/03 letter from the Attorney General stating that Warrant Articles #13-20, all zoning articles voted in Town Meeting, have been approved by the state.
6/17/03 memo re: "State of Wellfleet Harbor" Conference calling upon town boards and committees to co-sponsor the conference, to be held on 11/8/03. This conference will consist of a day-long public information seminar to "inform the public about past and present monitoring and studies in the Harbor, and to identify gaps in our knowledge about this important natural resource." Consensus of the Board was that there was interest in attending but not sponsoring the conference; the Chair noted that a communication should be sent to the Steering Committee stating that the Board wished it luck, that its mission was similar, and that it wished to be kept informed.
6/5/03 memo from Bill Burke of the Cape Cod National Seashore announcing the "Cape Conversations" Program to be held in June; these public conversations on aspects of Cape life are jointly sponsored by the Seashore and UMass, Amherst.
Policy on Disposition of Town-Owned Land. The Board was joined by Alan Platt and Peter Hall of the Land Bank/Open Space Committee for discussion of differences in the boards' perceptions of the proposed policy on disposition of town-owned land. (See minutes of May 7, 2003.) The Chair noted that the key issues were (1) the placement of Planning Board and Conservation Commission as a second-round review of other committees' recommendations and (2) the necessity for all boards to develop their own criteria for disposition. Discussion followed; various major points are noted:
Committees requesting land acquisition should explain their criteria.
Open Space Committee has decided that criteria should be rather than must be developed and that adding ConsCom and Planning Board as a review process was not necessary.
The process was likened to a grant application process in which the applicant follows ground rules to stay in the running and the proposal is vetted by rational criteria.
The role of the Town Administrator was considered: decision-maker or facilitator?
Of great concern was whether or not Planning Board should have ultimate jurisdiction over planning for town land, whether Planning Board can do its job without receiving criteria from all the other boards, and whether Planning Board should have the benefit of other committees' recommendations.
It was noted that it was never the intent of the Planning Board to submit the sole and ultimate recommendation, only to receive all possible input in order to make an informed decision.
It is necessary to differentiate between what committees do; the word "criteria" applies only to the committees who want use of the land.
It is feared that people will not adhere to the mission of their group but will admit extraneous argument; there should be a set of criteria that reflects the mission of the group making application.
Rather than using a standard set of criteria, comment should be relative to the scope of the particular committee.
Rex Peterson explained the Town Administrator's hope for the procedure: that all information from committees be presented to the BOS along with recommendation from appropriate town staff members. Alan Platt emphasized that there is a need to define the process; he suggested that he and Chair O'Connell meet to wordsmith the already existing proposal. David Wright noted the importance of establishing a friendly process.
Subdivision Regulation Revision. Chair O'Connell suggested that he and Rex Peterson work further on this on-going item and submit their revisions to the entire Board; consensus agreed.
Executive Session. The Chair, explaining that a letter needing confidential discussion had been received from Town Counsel, moved to enter Executive Session, seconded by Lisa Brown. Brown voted yes, Wright voted yes, Berry voted yes, Pickard voted yes, Parent voted yes, and O'Connell voted yes. The Board entered Executive Session at 9:05 p.m. and closed it at 9:20 p.m.
Chair O'Connell thanked David Wright, who was retiring after 12 years of membership, for his wonderful service to Planning Board. All members concurred and added their good wishes. After announcement that the minutes of May 14 and May 21 would be considered at the next meeting, the meeting was adjourned at 9:30 p.m.
Respectfully submitted,
_______________________________ ____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary _______________________Date
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