Planning Board Minutes
Meeting of July 2, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, Mark Berry, Alfred Pickard; Rex Peterson, Assistant Town Administrator
Excused: Gerald Parent
Chair O'Connell convened the meeting at 7:04 p.m.
SD #03-03; Harvey R. Geiger & Joyce G. Spencer, Off Baker Road, Assessor's Map #29, Lot #s 335 & 335.1, 4 lots proposed. Chair O'Connell stated his association with the Conservation Trust (an abutter to the property) but invoked the Rule of Necessity, noting that if he were to recuse himself from discussion there would be no quorum present; the Board and the applicant's representative agreed to this. Dick Lay of Slade Associates presented the preliminary subdivision plan, which proposed to separate a large lot containing 3 buildings into 4 lots with each of the 3 buildings on a separate lot. An existing paved drive runs down the hill into a stone parking area. Access for Lot 1 will be Baker Road, Lot 2 will be served by the gravel drive (which will
be moved into the lot), Lot 3 will use the paved drive, and Lot 4 will use a cul-de-sac that Lay proposes to make from the existing road (grade of 14%). Lay noted that all lots have square footage in the flood plain but all meet the bylaw requirements. He added that he would be requesting a waiver for any additional construction on the road. He is consulting with ComElectric about whether it will be necessary to bring in another line besides the existing one; he did not know at this point whether he would be requesting a waiver of underground wiring. He added that the lots would be upgraded to Title 5 septic at the time of sale.
The Board posed several questions:
Mark Berry asked how far the cul de sac was from the flood plain; Lay answered that the flood plain was 70 feet from the property line.
Lisa Brown, who had inspected the property, stated that there appeared to be a great deal of lowland. Lay indicated that the areas of upland would not change.
Lay noted, to Alfred Pickard's question regarding the possible number of bedrooms to be constructed, that this would be regulated by the BOH regulation that only upland counted in calculating design flow.
Chair O'Connell suggested, since only Lisa Brown had seen the property, that another site visit be scheduled; it was decided that the Board would meet at 8:00 a.m. in Town Hall Parking Lot on July 15, 2003.
ANR #03-05; Amy Kmiec Patterson, 15 Old High Toss Bridge Road, Assessor's Map #13, Lot #212, 2 lots proposed. Lay presented this ANR plan, the purpose of which was to divide the property into 2 lots of 30,000+ square feet and 50,000+ square feet; the lots can be served by either Old High Toss Bridge Road or by Knowles-Dyer Road. The Chair noted that the frontage was adequate. Lisa Brown moved and Mark Berry seconded that the Board deem the plan an ANR; the motion carried, 4-0. The Board signed the plan.
Kelley Way. (Attended by Mr. and Mrs. Brad Kaplan and Diana Crooks.) The Board returned to the long ongoing discussion of the Kelley Way curb cut (see minutes of 5-7-03, 6-14-03 and all preceding pertinent minutes), receiving an update on the progress of the project from Rex Peterson. Representative Shirley Gomes' assistant has informed Peterson that Atty. Hicks of Mass Highway stated that this is a difficult situation and that it has gone to the head attorney at Mass Highway; no indication was given as to how long a decision would take.
Peterson suggested that Planning Board grant a waiver of the curb cut requirement so that the Kaplan family could get their mortgage and begin construction.
Diana Crooks expressed her willingness to continue her plans to widen the throat of Kelley Way if Mass Highway decides favorably upon the project later on.
Chair O'Connell expressed difficulty with the concept of waiving the widening forever if Mass Highway did not agree to it; he noted the danger of establishing a precedent in ruling in favor of individuals in such a case. Stating that he wished to continue to pursue the request with the highway department, O'Connell added that he did not know whether such a waiver would be helpful or a hindrance to that process.
Brad Kaplan reminded the Board of the 19 months of waiting for the road work on the curb cut caused by one abutter's unwillingness to sign a permission form; he noted that when he had last spoken to the highway department that they had no time frame for their decision and subsequent construction.
Dick Lay added that if the Board were to go forward, it would not be because of personalities but because of the consideration that it had never anticipated such a situation evolving from their request.
Peterson added that this is an ANR plan, that frontage for the lot is satisfactory, and that it is not generally the practice of the Board to condition ANRs.
Discussion covered whether it was necessary to require the curb cut, whether waiving this requirement would create a precedent opening up the road for future development, and if the Board could determine whether or not the state would ever widen the road. Lay remarked that the state has specifications for subdivision but that one would not be created there, the constraint being lack of adequate access.
Diana Crooks stated that if the waiver were approved, she planned to take the rest of her land and put it in some form of conservation trust. (At this time, Chair O'Connell again invoked the "Rule of Necessity," noting his connection to the Wellfleet Conservation Trust but pointing out that without his presence a quorum would not be present. The Board and the applicant's representative concurred.)
The consensus of the Board being that the waiver would not have been passed if the resulting leverage problem could have been foreseen, the Chair moved approval of a modification to the prior Kelley Way decision with the following criteria:
that best efforts continue for a maximum of 18 month to get approval of the curb cut from Mass Highway
that no further subdivision be allowed off Kelley Way based on the way the road exists now
that Mrs. Crooks will construct improvements in accordance with the approved 11/26/03 plan if the state grants approval.
Mark Berry seconded the motion. Lay stated that a note could be added to the plan qualifying this approval to this particular division of land. The motion carried unanimously, 4-0.
Peterson will continue to pursue the matter of the curb cut with the highway department. Lay will bring in the modified plan to the Board at the July 16th meeting.
Policy on Disposition of Town-Owned Land. The Chair reported that he and Alan Platt had met to revise the above-mentioned policy (see minutes of 6/18), using the Planning Board's last draft with minor revisions. Platt has taken this back to the Land Bank/Open Space Committee for approval. Peterson will request a place on the agenda of a BOS meeting; approval will require two BOS meetings, according to the BOS "Policy on Policies."
Minutes:
The Chair moved and Pickard seconded approval of the minutes of 6/18/03 as submitted; passed, 4-0.
The Chair moved and Pickard seconded approval of the minutes of 5/21/03 as submitted; passed, 3-0-1 (Brown).
The Chair moved and Brown seconded approval of the minutes of 5/14/03 as submitted; passed, 4-0.
Mail. The Chair reviewed the mail; of significance were a memo from Rex Peterson to the Town Accountant requesting a budget carry-over from Planning Board FY 2003 budget to be encumbered for work on the Local Comprehensive Plan and a notice in the Cape Cod Commission Reporter of a meeting updating the transportation plan to be held in Eastham on Tuesday, July 7.
Taute Appeal. Peterson noted that Michael Taute's appeal of the Building Inspector's decision not to allow building on his undersized lot was on the agenda for the July 3rd ZBA meeting. He stated that Mr. Taute's lawyer was presenting a plan to the Zoning Board asking it to count Taute's rights in the road as part of the lot's square footage. The ZBA has requested an opinion of Counsel; the consensus of Planning Board was that it might be a dangerous precedent.
Executive Session. Alfred Pickard moved that the Board enter Executive Session to review the minutes of the Executive Session of 6/18/03. Mark Berry seconded. O'Connell said yes, Brown said yes, Berry said yes, Pickard said yes. The Board entered Executive Session at 7:55 p.m. and closed it at 8:00 p.m.
Alfred Pickard moved for adjournment; O'Connell seconded; the Board adjourned at 8:00 p.m.
_______________________________ ______________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary ________________________Chair
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