Wellfleet Planning Board
Minutes of Meeting of October 1, 2003
Town Hall Hearing Room
Present: Lisa Brown, Acting Chair; Mark Berry, Gerald Parent, Alfred Pickard,
Benjamin Gitlow; Rex Peterson, Assistant Town Administrator
Excused: Dennis O'Connell
Chair Brown called the meeting to order at 7:00 p.m.
Public Hearing: SD #01-05; Chechelnitsky, Off Gull Pond Road, Map #8, Lot #s 27 & 30, 3 lots. [Gerald Parent recused himself from discussion and left the table.] As a result of appeal, this subdivision, previously approved by Planning Board on 12-19-01, had been remanded by the court back to Planning Board for a second hearing. (For all previous information on SD #01-05, see minutes of 6-27-01, 7-11-01, 7-25-01, 10-24-01, 11-7-01, 12-5-01, 12-19-01, and 7-30-03.) Chet Lay of Slade Associates distributed a revised plan and presented information to the Board concerning the agreement reached between Mr. Chechelnitsky and Mr. McClellan, who had filed the appeal to the original Planning Board decision. The agreed modification to the plan was to reduce the grade of the first 100 feet off
the cul-de-sac from 14% to 12% and to regrade part of the cul-de-sac. Mr. McClellan has agreed to a slope easement required by the modification and will move his parking to the north side of his house. Lay remarked that this seemed a good rectification of all aspects of the problem.
Chair Brown asked for comments from the audience and received none. Alfred Pickard moved that Planning Board approve the original Chechelnitsky SD Plan #01-05 with the stated modifications; Mark Berry seconded. Chair Brown noted with approval that the steep top of the cul-de-sac would be knocked down. From the audience, Mr. McClellan commented that the original approval (12-19-01) had included a condition of "no construction on the road during the summer season"; Brown then amended the motion (with Pickard's agreement) to include conditions of:
No construction during high season
A copy of the Homeowners' Agreement to go to Planning Board for file
Easements to be in place.
The vote was called; the motion passed, 4-0. Rex Peterson noted that since this is a new hearing on the plan, there would be a new appeal period after the Board's approval. [Gerry Parent returned to the table.]
ANR #003-11; Arthur J. & Faye E. Camardo, 195, 205, 215 & 225 Cranberry Hollow Road & 205 Cove View Road, Assessor's Map #29, Lot #s 151, 154, 155, 156 & 199, 3 lots proposed. [Gerry Parent disclosed that the owner had sent a letter to all builders, regarding buying lots, to which he did not reply.] Chet Lay presented this ANR proposal, basically reducing the number of lots on the plan from 5 to 3. To Gerry Parent's query on whether any of these 3 lots would have rights on Cove View Road, Lay replied that they would not and that access would be from Cranberry Hollow (dirt) Road. Ben Gitlow moved and Mark Berry seconded that Planning Board deem the Camardo plan an ANR. Lisa Brown noted that frontage and access were adequate and that the utilities were in. The motion carried, 5-0.
ANR #03-12; Robert L. & Barbara T. Pyles, Bayberry Lane, Assessor's Map #41, Lot #s 120, 121, 122, 123 & 124, 3 lots proposed. [Mark Berry noted that he would recuse himself, since the Pyles had been his plumbing customers and he and the Pyles used the same attorney. Alfred Pickard also felt he also should recuse himself because of his family's possible involvement in a question in ownership of the land surrounding the Pyles' land. Gerry Parent, noting that two members' recusals would result in loss of quorum and feeling that Pickard's reason for recusal was the more powerful of the two, moved to invoke the Rule of Necessity and allow Berry to sit on the question. Lisa Brown seconded; the motion carried 4-0.] This ANR proposal, presented by Attorney
Benjamin Zehnder (Parent disclosed that Zehnder was his lawyer), concerned the reconfiguration of 5 lots owned by the Pyles to form 3 buildable lots, each lot conforming with the lot area requirement of 60% upland and with the frontage requirement. Discussion ensued of Zoning Bylaw 6.14.2 and the method of calculation of lot area under that bylaw, as used by the Building Inspector. Parent inquired of Rex Peterson whether the Building Inspector was satisfied that the lots conformed to the bylaw and was answered affirmatively. Ben Gitlow moved that Planning Board endorse the Pyles' plan as an ANR; Mark Berry seconded. Parent commented that the Board was considering this plan as an ANR, not guaranteeing the buildability of the lots. The motion was carried by a vote of 4-0.
Discussion of Local Comprehensive Plan (LCP)--Implementation Items under Planning Board Responsibility. Ben Gitlow led this discussion, referring to material he had previously prepared for the Board's consideration and distributing a series of motions referring to items of Planning Board responsibility. Using the presentation of these motions as a jumping off place for discussion, the Board covered such topics as home occupations and home industries, zoning placement of commercial boatyards, open space around the harbor, revision of boundaries of the Central District, Route 6 traffic impacts, etc. At the close of discussion, Gitlow moved that the Planning Board adopt these motions as amended (see attachment); Lisa Brown seconded; the motion carried, 5-0. Brown
thanked Gitlow for the preparation and presentation of these LCP discussion materials. Gitlow noted that Planning Board would have to prepare an Article reflecting the recommendations of the motions and ought also to think about any Zoning Bylaw modifications for the Annual Town Meeting. He requested that the motions become part of the minutes of the meeting.
Other Business:
Assessor's Maps--Gerry Parent inquired when the Board would receive copies of the recently produced assessor's maps; Peterson stated that they would be printed for the Board by the Tech school and available in the near future.
Cape Cod Business Roundtable Planning and Zoning Priorities--The Board commented on this statement of priorities, the draft of which had been included in the agenda packet. Brown stated her distress at the fact that no names were attached to the document; Parent agreed, noting that he resented some of the recommendations for Wellfleet but had no way to respond to them. Mark Berry remarked, for the Board's information, that the old Harbor Planning Group had decided not to consider for discussion any unsigned material. Parent concluded that he would like to represent Wellfleet in any subsequent discussion by the Business Roundtable.
Minutes of September 3, 2003--Ben Gitlow moved and Lisa Brown seconded to accept the minutes of 9-3 as presented; the motion carried, 5-0.
335 Main Committee--Alfred Pickard, the Board's representative to this newly formed committee, asked for a time frame on the committee; Peterson replied that he was still waiting for appointments from 3 town committees in order to schedule a meeting.
Mail--the Chair reviewed the mail.
9-11-03 letter from Town Counsel Patricia Cantor informing Board of dismissal of Christopher Perez v. Board (Spring Spectrum case).
9-1-03 letter from Rep. Shirley Gomes inviting Board to participate in Coming Home Program, the development of supportive housing for the elderly.
9-16-03 memo from ZBA to Rex Peterson thanking him for recommended conditions for affordable accessory dwelling units which ZBA adopted as Standard Conditions and cited in a motion approving the Town's first special permit for an affordable accessory dwelling unit.
Cape Cod Commission communication on Telecommunications Final Certificate, which will involve a final site visit to the Gross Hill facility. Peterson pointed out that some of the trees planted in accordance with the DRI conditions have died and that the Commission might not issue a Final Certificate until this was remedied.
MassHighway Permit #5-2003-0045 for reconstruction of the Kelley Way-Route 6 Intersection (Diana Crooks ANR).
Alfred Pickard moved to adjourn the meeting; Mark Berry seconded; the meeting closed at 9:00 p.m.
Respectfully submitted,
_____________________________ ______________________________
Frances J. Castillo, Committee Lisa Brown, Acting Chair
Secretary __________________________Date
October 1, 2003
Motion. "The following items have been incorporated in the Zoning Bylaw and should be removed from the Local Comprehensive Plan: LU-1, LU-20, LU-29 and HC-14"
Motion. "The following items should be deleted from the Local Comprehensive Plan because they are not appropriate for Wellfleet: LU-5, LU-8, and LU-17"
Motion. " The following items should be deleted from the Local Comprehensive Plan because existing regulations are adequate: LU-22, LU-23 and LU-24 "
Motion. "Ask Zoning Board of Appeals if there is a need to establish performance standards for 'home occupations" and "home industries". If not, delete from Local Comprehensive Plan. If requested by Zoning Board of Appeals prepare and amendment to the Zoning Bylaw."
Motion. "Delete LU-27 and LU-29 from the Local Comprehensive Plan they are incorporated in 2.1 of the Zoning Bylaw. Consider amending the Zoning Bylaw to delete regulatory language from the definitions and incorporating such language in Section VI"
Motion. "Defer action on CR-2 util a Historic Harbor District is established."
Motion. "Review CR-10 to see if specialized zoning is needed to preserve open space around the harbor"
Motion. " Revise boundaries of Zoning Districts to conform to lot lines. Other changes to the Central District suggested by LU-7 should be deferred until decisions on public water have been made."
Motion. "With regard to HC-2, review Subdivision Regulations to see if changes are needed or desired to allow flexibility in design of roads frontage and setbacks"
Motion. "The priority for open items should be: First LU -3, -4 and -7 dealing with the Central District and second TR-1 and TR-2 dealing with traffic on Route 6"
In order to evaluate TR-1 obtain and review any standards for traffic impact assessments that have been established by other Cape towns or other small rural towns.
With regard to mitigation of traffic impacts required by TR-2. Consult with Police Chief, Fire Chief and Director of DPW to review a list of potential design changes for Route 6 and the local road network. Meet with Mass. Highway Department to see what they would accept. Evaluate alternatives and present to residents and other Boards and Committees for comment. Try to find a consensus for action. Try to implement actions for which there is a consensus.
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