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Wellfleet Planning Board
Minutes of Meeting of July 30, 2003
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Lisa Brown, Mark Berry, Alfred Pickard,
Ben Gitlow; Rex Peterson, Assistant Town Administrator
Excused: Gerald Parent
Chair O'Connell called the meeting to order at 4:00 p.m.
SD #01-05, Leonid and Inna Chechelnitsky, Assessor's Map #8, Lot #s 27 & 30, 3 lots (John N. McClellan v. Planning Board of the Town of Wellfleet, Barnstable Superior Court, Docket Number 02-017). Chet Lay of Slade Associates reported to the Board the latest information on the McClellan appeal of the Planning Board approval (12/19/01) of SD #01-05. Mr. McClellan's lawyer, Ben Zehnder, has informed Town Counsel Betsy Lane and Atty. Duane P. Landreth (Chechelnitsky's counsel) that Mr. McClellan has agreed to a revision of the original subdivision plan. (Mark Berry here disclosed that he was using Zehnder as his lawyer on an unrelated matter.) McClellan will accept a grade of 12% on the extension of Kerouach Road (approval had been for 14%) and additionally agree not to oppose approval of this
modified plan by the Planning Board; Zehnder has moved for a remand of the matter back to the Planning Board. The modification of the plan must be legally advertised for a public hearing, probably in September after the court decision. Lay further explained that the 12% grade could not previously have been done without a slope appeasement from McClellan, who will now move his parking area to the east side of the house. If need be, Mr. Chechelnitsky will grant McClellan rights farther on Kerouach Road. A larger section of the cul de sac will be regraded. Lay added that Luke Fox, another direct abutter, approves this revision of plan.
Rex Peterson explained that Town Counsel was not willing to sign the remand motion without a vote from the Planning Board, therefore necessitating this meeting. Chair O'Connell noted that, since it would simply be voting upon the remand, there were not enough strategic alternatives to warrant the Board's entering closed executive session. Lisa Brown moved that the Board accept the remand of resubmission of the plan for further hearing; Ben Gitlow seconded; the motion carried, 5-0. It was agreed that the Board and Slade Associates would conduct a site meeting of the property before the matter goes to public hearing.
ANR #03-06, Kevin A. Rose & Julie Norgeot-Rose, Pineneedle Road, Assessor's Map #30, Lot #s 52 - 54, 2 lots proposed. John McElwee of Felco Engineering presented this plan involving three lots, two of which contain homes, with the third lot vacant. The owners of the two homes are in agreement to purchase with the owner of the vacant lot, which is to be divided between the two. The new lots both will meet frontage requirements and have access from Pineneedle Road, therefore creating no new ways. Ben Gitlow moved and Mark Berry seconded endorsement of the plan as an ANR. Chair O'Connell noted findings of sufficient frontage, access over existing areas, and sufficient lot size. The motion carried, 5-0.
Other Business:
Ben Gitlow, speaking of material on the LCP which he had distributed to the Board, suggested that the Board review action items specifically assigned to Planning Board. Gitlow will work on this for the first September meeting.
Gitlow introduced discussion of a road which crosses Housing Authority lots off Old Wharf Road (old Miles Merrill subdivision); this road had evolved from years of use and residents are concerned with the possibility of changing traffic patterns. Alfred Pickard noted that access could be relocated on a "paper road." Gitlow asked if the Board wished to weigh in on the subject; Peterson stated that the town has asked Chet Lay of Slade Associates to survey the building lot and move the road to the east. To Lisa Brown's suggestion that the Board should accompany Lay and do a site inspection, Peterson suggested waiting to get the plan from Lay, who is now doing the surveying.
The Chair read a letter from Daniel Klasnick, Attorney for Verizon Wireless, informing the Board, in response to its previous query, that NSTAR (Commonwealth Electric) would assume responsibility for obtaining and maintaining the Site Restoration Bond for the Gross Hill monopole tower.
The Chair moved and Brown seconded adjournment. The meeting adjourned at 4:35 p.m.
Respectfully submitted,
_______________________________ ______________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary __________________________Date
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