Wellfleet Planning Board
Minutes of Meeting of November 5, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, Mark Berry, Ben Gitlow; Rex
Peterson, Assistant Town Administrator; Emily Beebe, Health Agent
Excused: Gerald Parent, Alfred Pickard
Chair O'Connell convened the meeting at 7:05 p.m.
Discussion of Health Regulations -- Impact Upon Zoning: Health Agent Emily Beebe joined the Board for a discussion of the implication of health regulations, especially of Title 5 Regulations, to zoning practices and problems. Among discussion items were:
Use of Title 5 for growth control
Nitrogen loading component of Title 5 regulations--limited to new construction
Lack of growth control threshhold for Area To Be Served by Coles Neck water supply
Necessity for clarity in definition of bedroom in zoning bylaw and regulations
Model of "no increased growth" (Provincetown's method of growth control)
Flood Plain Exemption regulations--6.13 & 6.14 of Zoning Bylaws--criteria not well-enough defined?
Wellhead Protection Area
ANR #03-13; Joseph N. Minarik and Lynn Minarik, 60 Whiffletree Road & 53, 39 & 27 Old King's Highway, Assessor's Map #29, Lot #s 13, 45, 46 & 46.1, 2 lots proposed. Chet Lay of Slade Associates represented the owners for presentation of this ANR plan. Having distributed a copy of the assessor's atlas sheet showing the lots, 2 of which are owned by Mr. Minarik and 2 by his daughter, Lay explained the proposal to combine the 4 small lots into 2 larger ones and to "bend" the lot line on the plan's Lot 18 to allow frontage to Lot 19 on Old King's Highway, adding that Lot 19 also has access rights on Whiffletree. Discussion followed, including Board comments that certain existing structures had not been shown on the plan. The Chair noted adequate frontage and existing
physical access; Lay pointed out that the lots would become more conforming. Abutters Mr. and Mrs. Sloan, from the audience, noted their concern about an existing pond without a fence in one lot--a possible danger--and asked if there were plans to build a house there and if the pond would be filled in. The Chair explained that these questions were outside of the Planning Board scope; Rex Peterson advised the Sloans to express their safety concerns to the Building Inspector. The Chair moved to deem the Minarik plan as approval not required; Mark Berry seconded; the motion carried, 4-0. The Board signed the plan.
ZBA Case #03-44, Robert & Jean Collins, 142 Whidah Way. Jeff Stewart of the Zoning Board, noting that he wished to get the ZBA together with the Planning Board to discuss variances and frontage, described a specific case dealing with a frontage problem to appear before the Zoning Board at its 11-06 meeting. Rex Peterson distributed a map of the Whidah Way area, explaining that the owner of Lot 8 Whidah Way (a lot once in common ownership) was requesting a frontage variance.
The Chair noted that the zoning bylaw's treatment of the problem of variances needed to be examined; in this case, he suggested, a modification of the subdivision plan (which would come before the Planning Board) using the "ice cream scoop" method of enlarging the arc of the existing cul-de-sac on Lot 8 would be a cleaner method to deal with this problem than approving a variance. He further asked that Peterson send a letter from the Planning Board to the ZBA suggesting the above.
A question from the audience initiated a discussion of whether or not precedent was set by a variance; it was felt that theoretically, it was not, but in actuality, a "moral precedent" might be set.
Peterson read aloud a draft letter to the Zoning Board, noting that the solution of "enlarging the arc of the existing cul-de-sac" was a smoother solution because it affected only Lot 8 (and that only "on paper") and that agreement for this change would not have to be approved by everyone in the subdivision. Discussion of the wording of the letter followed.
Lisa Brown felt that the ZBA and Planning Board should meet to discuss possible zoning bylaw changes. Stewart asked the Chair to attend the ZBA meeting on 11-06 and, agreeing with Brown about a joint meeting, noted that the two boards should meet with a definite agenda.
Note attachment to minutes (memo of 10-30-03) containing previous suggestions for zoning bylaw changes.
Discussion of Local Comprehensive Plan. Opening a discussion of how Planning Board might deal with an update of the LCP, Peterson noted that the Selectmen were holding a goal-setting session on Saturday, 11-15, to which they had invited town bodies to contribute. Ben Gitlow stated that he would attend the session. In addition, Peterson proposed a Roundtable Discussion on updating the LCP to be held on 12-1-03 at 3:00 - 5:00 at the Senior Center, suggesting specific topics for discussion. To Ben Gitlow's question of whether there should be presentations to explain the background of the LCP to the participants, Peterson suggested John Lipmann of the Cape Cod Commission. Other discussion items included:
Consideration of development impact fees
Question of whether 1995 plan was certified
Commendation of Summary of LCP of 1995
Consideration of action items and of revision of Goals and Policies
Peterson stated that he would prepare a presentation but also wanted the interests and ideas of other committees to be part of the Roundtable; he noted the necessity for updating sections of the plan (e.g., housing, land use) and making sure local goals and policies correspond with those of the Regional Policy Plan. The Chair asked that it be determined whether or not the 1995 plan had been certified.
Other Business:
Water Commission Meeting. Ben Gitlow reported to the Board that the BOS would make some changes to the Coles Neck regulations. The commissioners may allow no connections outside of the original hookups for one year, and by the end of December they will state their priorities in allowing connections to the system. Gitlow stated that land use regulations to avoid intensity of use would be necessary or, alternatively, the Commissioners could take advantage of choices allowed by the new system.
Mail. The Chair reviewed the mail:
Fax of 11-3-03 from Dan Klasnick of Verizon Wireless containing a copy of the surety bond for $25,000 on the Gross Hill Tower wireless facility.
Request from Jeanne May of the Administrator's Office for the Planning Board Report for the Town of Wellfleet Annual Report, due 12-18-03. Rex Peterson will have a draft ready for the 12-14 meeting; Ben Gitlow will summarize the decisions on the implementation of action items.
Legal notice in the 10-31 Cape Codder of the Truro Planning Board's public hearing on 11-18 to consider a zoning bylaw amendment regarding a minimum of 50' width on a "panhandle lot."
State of Wellfleet Harbor Conference--Peterson reminded the Board that the upcoming conference would take place on Saturday, 11-8, at the Senior Center.
Minutes of October 15, 2003. Ben Gitlow moved approval of the 10-15 minutes as amended; Lisa Brown seconded; the motion carried, 4-0.
Lisa Brown moved and Mark Berry seconded adjournment; meeting closed at 8:50 p.m.
Respectfully submitted,
______________________________ ______________________________
Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
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To: Zoning Board of Appeals; Conservation Commission; Board of Health;
From: Planning Board
Cc: Richard Asmann, Inspector of Buildings; Emily E. H. Beebe, Health and Conservation Agent
Date: October 30, 2003
Re: Zoning By-law Revisions
The Planning Board is considering Zoning By-law revisions for the April 2004 Town Meeting. At our meeting on October 15, we met with Inspector of Buildings Richard Asmann and began discussing several areas in the existing Zoning By-laws. At our meeting on November 5, we met with Health and Conservation Agent Emily Beebe to discuss Title 5 and growth, floodplain regulations and expanding the wellhead protection district. Please review and comment on the following list of possible revisions, and also add anything to the list you would like us to consider.
Definitions (Section II)
1. Setbacks
2. Lot frontage 3. Structure 4. Regulations that are in the definitions section for 5. Sign definition and sign code
6. Flags and banners 7. Outdoor display of merchandise
Development within the CCNS
1. Existing Park guidelines are not enforceable, not adopted a part of Zoning By-laws
2. Lot coverage 3. Definition of Lot Coverage. Should lot coverage include tennis courts, swimming pools, decks and other impervious surfaces?
4. Controls on new dwellings 5. Controls on tree cutting and clear cutting
6. Controlling growth on undersize lots
Accessory structures and uses
1. Definition of 2. More controls on home office and artist3. Ten feet rear setback
Alterations to pre-existing nonconforming structures, Section 6.1.5
1. Take a closer look at 6.1.5.1, a., and 6.1.5.2, a. and b.
2. Providing unfair advantage to nonconforming structures
3. Ability to add a new nonconformity with a Special Permit when a Variance is required on a conforming lot
4. Local by-law more liberal than Chapter 40A
5. Nonconforming uses
Flood Plain By-law, Sections 6.13 and 6.14
1. Remove reference in Section 6.14.3.2 to specific section of State Building Code
2. Lot requirements in Section 6.14.2, incompatibility with definition of Lot Area, status of pre-existing structures as defined in Section 6.14.1.5
3. Need to develop criteria for granting exemption under Section 6.14.3 in collaboration with the Conservation Commission.
4. ZBA does not currently require applicant to meet Special Permit criteria to grant an exemption
5. The two criteria that are currently listed (compliance with State Building Code and compliance with Wetlands Protection Act) are not really under the purview of the ZBA
6. Existing BOH regulations for septic systems within the floodplain require them to be one foot below grade. In many cases that is not possible. We will see more mounded systems because BOH does not grant variances from groundwater.
Title 5 and Regulating Growth
1. The impact of a public water supply on Title 5 in Area To Be Served (ATBS).
2. Anyone abutting the new water line can request hookup, and must be allowed to connect if capacity exists in the system.
3. No growth controls from Title 5 in existing Coles Neck ATBS (number of bedrooms). Could have 7 bedrooms on ¾ acre lot. When septic and well are not on the same lot, the 10,000 sf per bedroom rule does not apply.
4. Must look to other controls on growth through zoning.
5. Tear downs and rebuilds 6. Look at Provincetown BOH regulation that says no increase in what you already have. Problem with establishing the baseline.
7. BOH could also require reduction in number of bedrooms.
Property Tax Exemption
File new special legislation that would extend the property tax exemption to any property rented affordably. The currently legislation allows the exemption only for units created under the Affordable Accessory Dwelling Unit by-law. The new legislation would apply to already existing units and to a principal dwelling so long as it was rented affordably to income eligible tenants and an annual filing with the Town verified that.
Zoning Map update
The Planning Board proposes to revise the Zoning Map and to have district boundaries follow existing lot lines. We would work with the Cape Cod Commission to produce a map that could be easily duplicated for distribution with the Zoning By-laws, and that could be used by Town boards and committees for planning and other projects.
The Planning Board would also like to look at the Central District, and possibly propose redefining its boundaries.
Wellhead Protection District
Create a wellhead protection district around the Coles Neck well. Recommended the east side of Route 6 to the CCNS boundary and from Gull Pond Road to the Truro town line.
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