Wellfleet Planning Board
Minutes of Meeting of September 3, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, Mark Berry, Gerald Parent,
Alfred Pickard, Benjamin Gitlow; Rex Peterson, Assistant Town
Administrator
Chair O'Connell convened the meeting at 7:02 p.m. He noted the addition to the agenda of the Goodman Preliminary Subdivision and Ben Gitlow's presentation of material on the Local Comprehensive Plan.
Endorsement of plan for SD #03-01, Sueko Hall, 151 Hamblen Farm Road, Assessor's Map #19, Lot #12 and Map #12, Lot #54. [Gerry Parent recused himself.] The appeal period having elapsed, the Board signed the plan presented by Chet Lay of Slade Associates for the Sueko Hall development. (Lay also represented all succeeding plans presented at this meeting; the Board had visited all properties on its site visit of 9-2-03.)
ANR #03-07; L. Chandler Crowell, 85 and O Way #112, Assessor's Map #29, Lot #s 305 & 305.1, l lot proposed. [Mark Berry disclosed that he rents shop space from Crowell; Gerry Parent disclosed that he is a fellow real estate broker.] Chet Lay explained this proposal for consolidation of two previously separated lots into one piece of land, adding family acreage to the existing house lot. Alfred Pickard asked if old lot lines should be shown on the assessor's map; discussion ensued. The Chair noted that the plan contained no frontage or access problems. Lisa Brown moved and Parent seconded that this plan be accepted as an ANR; the motion carried, 6-0. The Board signed the ANR plan.
ANR #03-08; Wellfleet Housing Authority, Off Old Wharf Road, Assessor's Map #36, Lot # 160, 2 lots. Assistant Town Administrator Peterson stated that someone from the Housing Authority needed to be present to answer Board members' queries (on moving the road, perscriptive rights, the remaining easement). Lay requested a continuance; Alfred Pickard moved that the matter be continued until the next meeting; O'Connell seconded; the motion carried, 6-0. Lisa Brown noted her reservation that moving the road would "create a mess."
ANR #03-09; Donald H. and Paul R. Thimas, 693 & 735 State Highway, Assessor's Map #42, Lot #s 71 & 71.5, no new lots. [Mark Berry disclosed that he is an abutter to the Thimas property and recused himself.] Chet Lay explained that this plan was basically a proposal to move a lot line further south on the property. The Chair noted that no new lots had been created and that the existing lots have both frontage and access. Ben Gitlow remarked that the lot line change should make the lots more conforming. Alfred Pickard moved and Lisa Brown seconded that the Board accept this plan as an ANR; the motion carried, 5-0. The Board signed the plan.
ANR #03-10; Paul Messina and Arthur C. Croce, 84 & 95 Dow Drive, Assessor's Map #23, Lot #s 166.8 & 166.9, 2 lots. [Gerry Parent and Lisa Brown disclosed that Attorney Croce has represented them in the past.] Lay explained that this plan involved a shift in lot lines affording changes for a better building site. The Chair noted that adequate frontage and access existed. Lisa Brown moved that the Board accept this plan as an ANR; O'Connell seconded; the motion carried, 6-0. The Board signed the plan. Discussion ensued of grass growth on the verge of Dow Drive, in connection with a check held by the town in escrow against satisfactory seeding of the area.
Preliminary SD #03-04; John S. Goodman, Jr., Trustee, 55 Goss Lane, Assessor's Map #36, Lot #17.1, 2 lots. This discussion had been continued from the 8-6-03 meeting (see minutes). [Chair O'Connell recused himself because of his position with the Conservation Trust, which is negotiating with Henry Cortes, Jr. concerning abutting land; Lisa Brown chaired this section of the meeting.] Chet Lay distributed copies of the May 13, 1993 covenant on the land (previously requested by the Board), pointing out waivers granted at that time, and also brought in a copy of the Massachusetts Highway Permit for the file. Turning to the plan, he noted that the owner wants to continue the shell driveway, that the utilities are in, that the Board might want to specify that Goss Lane be brushed back, and that
one lot has been released from covenant. Asking that the Board make clear its road specifications, he stated that the owner wished to keep the vehicle tracks on Lot G-1 as is, that he did not want to pave the road (but to use shell over hard-pack), and that he would construct a cul-de-sac on Lot G2. The Board listed the following as its expectations for the definitive proposal:
Shell driveway continued
Cul-de-sac constructed
Homeowners' Association formed for maintenance
Brushing back of Goss Lane to 15'
Any new power placed in the ground.
[Chair O'Connell returned to the meeting.]
Request for Bylaw Change: Joyce Gotham, Assessor's Map #36, Lot #189. [Mark Berry recused himself, having done work for the Gothams.] Chet Lay explained the dilemma in which Mr. and Mrs. Gotham, also present, have found themselves. They cannot file an ANR plan; their 70,000 square feet of land, situated in the Commercial District, is not adequate for them to divide in order to construct a home, since the bylaw requires a total of 80,000 square feet in this district. Their proposal, therefore, would required a bylaw change. Lay remarked that he would like to see residential setbacks in commercially zoned areas and 30,000 square foot lots allowed for residential in the C zone. (The Chair noted that in the C district the front setback is 100', the side and rear 35', while in the
residential district the front is 30', the side 25', and the rear 30'.) Mrs. Gotham added that the projected house would be sited on Wixom Avenue, an area of residential dwellings.
The Chair asked if such a proposal was allowed in other towns; Rex Peterson was not aware that it was and wondered how it could be determined that the lot would remain a residential use--perhaps by requirement of a deed restriction. Lay remarked that since a commercial lot needed to be 40,000 square feet, this lot could not return to commercial use again.
Ben Gitlow felt that the district would need to be redefined. Alfred Pickard noted that the district was well-defined.
Another Board concern was that advancement of such a bylaw change would constitute spot zoning; although Board members sympathized with the Gotham's problem, they were loathe to set such a precedent.
It was noted that there would be no Special Town Meeting this fall and that a proposal for bylaw change would have to wait for the April Annual Town Meeting. Rex Peterson suggested, however, that the Gothams might apply to the Zoning Board of Appeals for a building permit for mixed use under the new bylaw enacted last April. Gerry Parent added that with this done, the Gothams might be able to condominiumize the property, a quicker and easier solution than an attempt at bylaw change.
Chet Lay agreed that this suggestion might constitute a solution to the Gotham's problem.
Return to ANR # 03-08; Wellfleet Housing Authority, Off Old Wharf Road, Assessor's Map #36, Lot #160. Steve Durkee of the Housing Authority having joined the meeting, the Board agreed to revert to discussion of this ANR involving a building lot voted to the Housing Authority by Town Meeting, division of which (into Lots A & B) is being proposed because of the complication of an old right-of-way which runs across it.
To Parent's question--why split the property into two lots rather than giving an easement for an old access running through the property?--Durkee replied that the Housing Authority at first intended not to give the easement and had established other routes for access. The town, which was going to post the road against trespassing, changed its mind after the Town Administrator received a letter from Brian Darakjy, the abutter on Parcel 158. Tim Smith then suggested leaving the track open. Durkee added that the big issue concerns who would be responsible if there were an accident on this road.
Chet Lay explained that the ANR proposal would push the road over physically to the east side of the easement (proposed Lot B). Durkee noted that if the Housing Authority, which has accepted this plan, could with Town Meeting approval sell Lot B, perhaps the buyer (whom he suggested might be Mr. Darakjy) would put an affordable house on it.
Alfred Pickard noted that this lot which the Housing Authority proposed to cut up contains over an acre of land; he added that the town would probably not be able to provide many more one-acre lots for the Housing Authority. Pickard also feared that this proposal circumvented the Town Meeting process. The Chair commented that Lot B is "pretty carved up already."
O'Connell noted that although the proposal could be approved as an ANR, there were definite problems when it was looked at from the point of view of planning for the town. Brown and Parent agreed that there were not grounds to turn it down as an ANR, Parent adding that the perscriptive rights to the road would not be taken away by this ANR being signed.
To Mark Berry's question--why move the road, since it would still be on town property and still offer the problem of liability?--Parent replied that if the road is completely on Lot B, the future owner (if sale were allowed) would get the liability.
A discussion of the Town Meeting article which gave this land to the Housing Authority elicited another question: If the lot is broken up, does the Article give permission to sell a portion of any lot? Steve Durkee commented that there were four lots, made of "lots of little lots," contained in this Article. He added that Housing Authority could build on Lot A before Town Meeting, when it would request permission to sell Lot B.
After more discussion, consensus agreed that the proposal could not be turned down as an ANR even though members had expressed reservations. Ben Gitlow moved to approve the proposal as an ANR; Lisa Brown seconded; the motion carried, 6-0.
Other Business:
Local Comprehensive Plan. Ben Gitlow distributed material on the LCP to the Board; this concerned all implementation items needing solely Planning Board action. He requested that the Board study this material and that discussion be scheduled for the October 1st meeting.
Kelley Way. The Chair reported that MassHighway has given permission for the construction to widen the throat of Kelley Way (see ANR #02-02, Diana Crooks).
Taute Decision. The Board discussed briefly the action taken in the Taute Case and the argument advanced by Atty. Paul Revere.
Newspaper Articles re: "junk on Main Street." Lisa Brown noted that recent letters to the editor had decried the placement of wares in front of their stores by some Wellfleet merchants; she inquired what the bylaws stated regarding this problem. Gerry Parent noted that in general the bylaw was extremely vague; Chair O'Connell stated that the Zoning Bylaw has regulations on signage but not on articles placed outside for sale. Discussion moved to the problem of improper signage in town, with Ben Gitlow commenting that the town has never decided that it wanted a zoning enforcement officer. It was also concluded that such merchandise placement was located on town property, since most stores own only the lip in front of the building.
Mail. The Chair reviewed the mail:
Memo (8-22-03) from Abigail Franklin of the "State of Wellfleet Harbor" Conference noting the date (11-8-03) and participants for the conference.
Letter to Chair O'Connell from the BOS and Town Administrator Tim Smith requesting him to appoint a Planning Board member to serve on the 335 Main Street Committee. Alfred Pickard was appointed by the Chair.
Disposition Policy for Town-Owned Land. The Chair announced that the Disposition Policy, in the form recommended by Planning Board, had come before the Selectmen and will come up again for passage.
Minutes of August 8, 2003. Alfred Pickard moved approval of the 8-13 minutes as amended; Parent seconded; the motion carried, 5-0-1 (Gitlow).
Alfred Pickard moved that the meeting be adjourned; the meeting closed at 8:55 p.m.
Respectfully submitted,
________________________________ ____________________________
Frances J. Castillo, Assistant to the R. Dennis O'Connell, Chair
Committee Secretary ________________________Date
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